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HomeMy WebLinkAboutR28830 Berger Circle and Berger Drive South Ring Road - Joint ConsiderationContract No. R28830 CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AWARD CONTRACT NO. R28830 FOR CONSTRUCTION OF THE BERGER CIRCLE AND BERGER DRIVE SOUTH RING ROAD TO COOLEY CONSTRUCTION, INC., CALIFORNIA, IN THE AMOUNT OF $1,058,441.00 (PROJECT NO. 814-09) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Cooley Construction, Inc. 17525 Eucalyptus Street, Ste. G Hesperia, CA 92345 DATE: February 24, 2011 CONTENTS: Contract Agreement Contractor's Proposal Recommendation By Minute Motion: 1. Award Contract No. R28830 for Construction of the Berger Circle and Berger Drive South Ring Road to Cooley Construction, Inc., California, in the amount of $1,058,441.00 (Project No. 814-09); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $105,844.10; 3. Authorize the Director of Finance to appropriate $1,164,285.10 from the unobligated Redevelopment Agency Project Area 2 Funds to Account Number 851-4432-464-4001; and 4. Authorize the Mayor to execute the subject agreement. Funds will be available in Account Number 851-4432-464-4001 (Cal State Infrastructure) upon Council's authorization. Backaround On February 2, 2011, staff was directed to advertize the construction of the Berger Circle and Berger Drive South Ring Road project. On February 14, 2011, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Verified Bid Amount Cooley Construction, Inc. Hesperia, CA $1,058,441.00 Granite Construction Indio, CA $1,368,368.00 Hardy & Harper, Inc. Santa Ana, CA $2,676,000.00 Staff Report Award Contract R28830 to Cooley Construction, Inc. February 24, 2010 Page 2 of 2 Cooley Construction, Inc., submitted the lowest responsible bid in the amount of $1,058,441.00, which is below the engineer's estimate. Cooley Construction, Inc., has successfully completed previous projects for the City, and staff is confident that the contractor will be able to construct the project in accordance with the project plans and specifications. Fiscal Analysis Beyond the is conveyed Riverside. initial construction cost, the maintenance cost will be minimal until the road to California State University, San Bernardino/University of California, Prepared By: i- r" ko Bo Chen, P.., City Engineer L McCarthy, pment n M. Wohlmuth, City Manager Dire o of P blic Works Paul S. Gibson, Director of Finance CONTRACT NO. R28830 AGREEMENT THIS AGREEMENT is made and entered into this 20h day of February, 2011, by and between City of Palm Desert, California, hereafter called "CITY" and Coolev Construction, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, BERGER CIRCLE AND BERGER DRIVE SOUTH, PROJECT NO. 814-09, CONTRACT NO. R28830, 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: 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. 01; (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 120 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. R28830 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 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. R28830 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 DesertCA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY CONTRACT NO. R28830 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. R28830 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Cooley Construction, Inc. hereinafter designated as the "Principal", a contract for: BERGER CIRCLE AND BERGER DRIVE SOUTH PROJECT NO. 814-09 CONTRACT NO. R28830 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, Cooley Construction. Inc. the Principal, and as Surety, are held and firmly bound unto the City of e City, in the penal sum of One Million Fifty -Eight Palm Desert hereinafter called th Thousand Four Hundred Forty -One Dollars ($1 058.441.00), 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 and sevebally! firmly by these presnd ourselves, our ents executors, administrators, and successors, y THE CONDITION OF THIS OBLIGATION IS SUCH d successors, if or theabove shall in all Principal, his executors, heirs, administrators, 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 wok to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this s ond, an to the terms of the cnotice ontract or to the wok or extension of time, alteration or the specifications. Should it become necessary for the conditity to ons of this bondWthenor any other all costs of legal said proceeding to enforce the terms and proceeding, including attorneys' fees, shall be awarded to the prevailing party. CONTRACT NO. R28830 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 M INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) On before me, PRINCIPAL BY: 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. R28830 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Cooley Construction, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated February 24, 2011 described as follows: BERGER CIRCLE AND BERGER DRIVE SOUTH, PROJECT NO. 814-09, CONTRACT NO. R28830, (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, Cooley Construction, Inc., 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 One Million, Fifty -Eight Thousand Four Hundred Fortv-One Dollars ($1,058,441.00), 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 Intemal 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. R28830 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) M (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) 0 (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) CONTRACT NO. R28830 Acknowledgment 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) ad C - CONTRACTOR'S PROPOSAL BERGER CIRCLE AND BERGER DRIVE SOUTH PROJECT NO. 814-09 CONTRACT NO. R28830 TO: CITY OF PALM DESERT, "CITY" DATE: ° BIDDER: "CONTRACTOR' ng carefully examined the site and the The UNDERSIGNED, "CONTRACTOR", o a BERGER CIRCLE AND BERGER DRIVE Contract Documents for the construction SOUTH, PROJECT NO. 814-09, CONTRACT NO. R28830, hereby proposes to construct the work in accordance with the Contract this Proposal.ocuments, including Addenda No(s). / for the amount stated By submitting this Proposal, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR —Bias by telephone c openingrof bids, this Proposal fore the time specified in the Notice Inviting constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. if CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not 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 =006MWM00 Page C-1 KSaW8t0 ,CAgM1816 raX s'ron : rbb agt fd7d cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. it is understood that the quantities shown heron, except for those quantities marked "Lump Sum", are estimates and the final payment All be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. 1 Mobilization LS 1 $13, ccc,oi $ z3, GCC..oa 2 Construction Survey Staking LS 3 Traffic Control - Per Plans LS 4 Erosion ControVSWPPP LS 1 $1S&cc,cc $ls�cc•c� 5 Clearing and Grubbing/Removal LS 1 $19 Kcc. co $m"'C C • cC) 8 Unclassified Fill (F) CY:; 29,700 $ 10. Z S $zSs, q� s: o 7 Mill Existing Asphalt Concrete (F) SF 1,750 $c.7c $1 ZZS. co 8 Sawcut Existing Asphalt Concrete (F) LF 240 $ 3 , S O $ 5sy 9 Concrete Curb & Gutter (F) LF 3,310 $ 8r. I0 $ Zug I i. 10 6" Type D-1 Curb (F) LF 2,120 $ 7, �;O $ Co 11 Concrete Sidewalk (F) SF 25,100 $Z.3& $Sq?,-3&'C0 12 Concrete ADA Ramp EA 5 $ &?c . cC, $ 3) -SO -CO 13 Asphalt Base (4") (F) CY 1''-1,975 $Z 5. DO $';5:3CC. 14 Asphalt Concrete Paving (3.5j1) (F) SF 160,000 $ I , `1 c $ Z.3, &(r), cp 15 Asphalt Concrete Berm (F) LF 1,100 $1.1 U $ 7 �0 o , CE. 16 Signing and Striping LS 1 $12gC0.00 $jzyGG.(j) 17 Storm Drain Inlet Type X EA 1 $1 15C , cc $19 5'C • �o Revised Page C-2 CpQLF(CONSTRUCM' iNC LIC.348ai8 P.O. BOX401810 HEYMCA06010 Fax from : 7bd J41 YUIJU 04-07-11 tr•ao ry- -s 18 18" RCP Storm Drain (F) LF 25 $ 9Z,cc $ roSC co 19 24" RCP Storm Drain (F) LF 850 $ L)q, CD $ yllo50 co 20 36" RCP Storm Drain (F) LF 210 $ jq1 cep $lg7gC.Ov 21 Catch Basin Type No. 1 EA 4 $ 5%c i) $ z4 e cc . cc 22 Storm Drain Manhole Type No.1 EA 1 $ y3CC , 00 $ Y3cc • c c 23 Junction Structure Type No. 2 EA :';., 2 $2,4w •cv $q800-co 24 Single Headwall EA 1 $1,910—co $496p.cc 25 Modified Triple Pipe Headwall EA 2 $%60,cc $9we,cc 26 Concrete Collar EA 3 27 Rip -Rap (F) Cy 28 $) z S, c $3SCO , ca 28 Adjust Manhole to Grade EA 1 $734. c 0 $ 73C . Cc 29 Adjust Valve to Grade EA 1 $ 3i 0.0 0 $ 3io . cU 30 install Irrigation Sleeves (F) LF 360 $/0. y0 $ 3 7 qq, 60 31 Landscaping LS 1 $/06C. $1696o'ca 32 Street Light EA 9 $ S040 . c0 $ Z75go -c-o 33 Street Light Pull Box (F) EA 12 $ 17©. c 0 $ Ze y0 c'b 34 1 1/4r Conduit (F) LF 2,400 $1. 0 C $I1 gcv cc 35 Service Pedestal EA 1 $ZIc cc, 60 $ z&co.cV 38 Install 10' Riser & 30' of 3' PVC conduit LS 1 $ C0 $ X U . CD 37 install 12' DIP Water line and Valves per Plan & connect to the existing line LS 1 $ggeeGoc, $y 8c(ifiec TOTAL BASE BID PRICE $ 1, dvo, yqr, 0 Revised Page C-3 COOLEY CONSTRUCTtOti,'.`:a; LIC.34M P.O. BOX401810 HMM& CA92301810 10 Fax from : 768 341 7898 1 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 $ 1, 0'-/V, qjI. 0V TOTAL AMOUNT BASE BID IN WORDS GIUL• ►V)) LL1 ON. l=CU27�r i NDuSApD, fectiz IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By: C . Signature Title: (- c ; A eLc CONTRACTOR State of California ) County of l)Ltn & rv, Subscribed and sworn to (or affl TZ ) before me on this I 1 i� day of Fo (month), .AnII (year), by - proved to me on the basis of satisfactoryevidence eo be the person(s) who appeared before MS. JSignature of Notary (Seal of Notary) .. KAREN M- SHACKE FORD Commisaion # 1731016 Notary Public .Califomia San Bernardino County 11201, COO V CONSTRUCTION, I14C UC.348008 RQ BOX 401810 HESPERUI, CA 92340.1810 Revised Page C-4 D — INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address /73424✓5 54,eQ4 s�'e V 5 (2) Telephone No. (7t c) i viy�- Syoo (3) Type of Firm (Individual, Partnership or Corporation) r-"<",Q (4) Corporation organized under the laws of the State of a //,��y, ti (5) Contractor's License No. 3V8C38 Exp. Date z )zs,1zoi3 Contractor hereby swears under penalty of perjury that this information provided is true and correct. C Title: Signature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: {�CwI Iji CookeA S/ — -eS S• �� �a,,u o I S — _ti(�l se c (7) Number of years' experience as a Contractor in construction work 39 (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1.�► Co��S-�v�c�-'cxn C'.�/ v Jac-tz.�� I � !� 5/y.0/34) o-( n),e".) e0rcJS //gyp �liciv-v.�\t Cc. • L"1uv�.�43 -1a35► 2. �o�k5�✓c-1o� �.woo� flr�atc ✓c.11cy • y73, 090 . �� o� i�ccJ soa,jl 3. !ZeCOLS wa*,00 /7 1de-S,J-C �:��9�`l� SyS.� p,� .�vuc'� /z�/O i�,v<-s,�11 � Ca• ewe t -G?o3 Page D-1 COOLEY CONSTRUCTIOK 040 �Lp.. N= 1 �06 401610 l7EPM CAM*1810 (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: WAL(jj m-rrc,, License Number ld3,1 ZZ 0 Address: R- Dc RNns , A Telephone: qtr- 7qz - S3 3 r Work to be performed: lYLmc(z (✓, ,,�,z, �, Subcontractor's Name:_Y-Lt.,c,S License Number. 63 z 6 3 c) Address: T-c-i-L m jAt 4 P A Telephone: 76c 39& as- `l Work to be performed: L i tA,Zl mac., Zil t-W o Subcontractor's Name: < <-t= n, c License Number 2 1 40919 Address.. Oil Telephone: Q 5-1- 79 q- I L 11 O Work to be performed: r (,K:nw-AL (10) Lisst'tt�n r;AuLm�the person who inspected the site of the proposed work for your fir (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. OppLEY CONSTRtlC110M, VC M 34903f<. P.OQ 8af(I81810 Page D-2 HOMCA=01810 (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: T ► 1 Lt rSZ License Number. f'4 Address: 1,%c ► �zutt tom, I1 Telephone: 16C qb Z ) IO S Work to be performed: Subcontractor's Name: Akt-A( (��Aol jlkc LrtoypCrAPE- License Number s/7''10 I S fS Address: -4p�t-r" C ft Telephone: '74C -Ztl o -C,6 xC Work to be performed: 14+upscc��c.' Subcontractor's License Number. _ 66 isq 9 Address:.( TARIA4 (-(A Telephone: YOQ -S-qC rCC,3 Work to be performed: (10) List thloame of the person who inspected the site of the proposed work for your firm jAmL. (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. CM L��C,34� �'NIC PA,0pp(481810 Page D-2 HC►1810 (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:mot .Srz►a�A)�z License Number: 7yIQZe6 Address: Telephone: IS/ --,641 - Z792 Work to be performediu(7(,A 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 r4ML PSWU _A.-r (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. C=CONSMUMNC P. SM401010 Page D-2 C4023*1810 0000 CONSTRUCTION, INC E — NON -COLLUSION AFFIDAVIT P eox 0810 To be Executed by Bidder and Submitted with Bid HEMMIA, CA MW810 STATE OF CALIFORNIA SS COUNTY OF Jcv\. 6VOMA14 being first duly sworn, deposes and says that he/she is Of C.a I Co the party making the foregoing bid; that the bid is not made in t e 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 cost elementfd price of the ofthe bid price, doer or any other of that of any bidder, or to fix any overhead, profit, o 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: Signature Title: A< e' c CONTRACTOR State of California County of Subscribed and swom to (or affirmed) before me this 11-h�. day of It proved to me o n the (month), 20 II (year), by basis of satisfactory evidence to be the person Who appeared before me. Signature of Notary: Notary Public in and for said COun and Statr�_ KAREN M. SHACKELFORD [ (seal of notary) Commission #r 1731016 Notary Public - California I Son Bernardino County page E-1 Comm. 11 2011 F - BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Cooley Construction, Inc. and —__Fidelityand De osit Com an of Ma land as principal, firmly bound unto the City of Palm Desert in the sum of $ as surety, are held and to be paid to the said City or its certain attorney, its successors andercent assigns; (1 for (10 /o of bid) Payment well and truly to be made, we bind ourselves, our heirs, executors and which administrators, successors or assigns, Jointly and severally, firmly by these presents. of the amount bid --- THE CONDITION OF THIS OBLIGATION IS SUCH, thattotal if the certain proposal of t above bounden principal to perform certain work described as follows: he The general Items of work to be done hereunder consist of; remomaterial; val of native construction of new asphalt concrete surface, cement concrete curb and sidewalk; installation of storm drain systems; and signing and striping. and dated February 14 2011 is accepted by the City of Palm Desert, and if the above bounden principal Cooley Construction, Inc duly enter into and execute a contract for such construction, and shall executeanddeliver 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 lawsult, or any other legal proceeding to enforce the terms and conditions of this bond, then all. costs of said proceeding, Including attomey's fees, shall be awarded to the prevailing party. COOLEY CONSTRUCTION, INC UC- 34M POOL BOX 401810 HOPERU, CA 1810 Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 9t___ h _ day of February 2011 Contractor's Name: Cooley Construction, Inc. Contractor's Signature: Title: �l]r ' r� ► t" Address: 17525 Eucalyptus St., Hesperia, CA 92345 Telephone: 760.948.8421 Surety's Name:___Fidelity and Deposit Company of M Surety's Signature—� j Janet C. Roo Title: % Attorney -in -Fact Address: 560 Mission St., San Francisco, CA 94105 Telephone: 415.538.7363 Page F-2 CM CONSTRUC MK MC UQ 3M P.O. BM V810 }MVK CA 92340-1810 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco COOLEY CONSTRUCTION, INC LIC.348038 P.O. BOX401810 HEBPERIA, CA 92340-1810 On February 9, 2011 before me, Betty L. Tolentino, Notary Public Data Mere kmort Name and Title of the Officer personally appeared Janet Q. Roio Name(s) of signers BETTY L. TOLENTINO • COMM. #I840627 'v j a►' NOTARY PUBLIC-CALIFORNIA �:. SAN FRANCISCO COUNTY MY Comm, ptp(nls Apr. 12, 201 a 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/herRheir 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 ha and o se i. Signature - Plus Notary Sal About 24!gnaada of Notary k 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 Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ___., 0 Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HIGHI IHUIa1HF'MNI OF S!( MiH 02007 NWWW Notary Aseocletlon • 9W De sob Aft, P.O. Boa 2402 •Chalaworh CA f/19132402 • wwwAMmaWogorg Item #&W Reorder: Call TW: e t =e -ew 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Susan HECKER, Janet C. ROJO, Betty L. TO aureen O'CONNELL, J.M. ALBADA, Brian F. COOPER, Robert P. WRIXON A cisco, California, EACH its true and lawful agent and Attorney-in-F b, e, , and on its behalf as surety, and as its act and deed: any and all bonds , an eqsK1 c 1 bonds or undertakings in pursuance of these presents, shall be as bindi a y, to all intents and purposes, as if they had been duly executed and r u ers of the Company at its office in Baltimore, Md., in their own proper persons. wer sued on behalf of Susan HEC I{ER, Janet C. ROJO, Betty L. TOLENTINO, M. M�u ONNELL, J.M. ALBADA, Brian F. COOPER, Robert P. WRIXON, dated July 14, 2008. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of October, A.D. 2008. ATTEST: ucvos,. •• �O s m State of Maryland IRS: Baltimore County f FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Eric D. Barnes Assistant Secretary Theodore G. Martinez On this 15th day of October, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. LUM CONSTRllCMN, WC LIC. 3WX PO. BOX401810 HESP8K CA 92301810 Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 PDXF 016-0511C EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th dayof February 2011 ' a ,4�-d 1� At Assistant Secretary ACKNOWLEDGMENT State of California County of _ San Bernardino On February 11, 2011 before me, Karen M Shackelford, Notary Public (insert name and title of the officer) personally appeared Paul R Cooley Jr who proved to me on the basis of satisfactory evidence to be the person(4) whose nameW sPare- subscribed to the within instrument and acknowledged to m e tha h sheAhey executed the same in li' herfthetr authorized capacity(k*, and that by is ei;449W-signature(s}on the instrument the person(s�- or the entity upon behalf of which the pers on(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. KAREN M. SHACKELFORD Commission # 1731016 WITNESS my hand and official seal. rQA Notary Public - California son Bernardino County Caron. =42011 7 Signatura, L (Seal) Fax from : 768 341 YON8 06-07-11 1r.4r ry. s VM W/1���1i I1W� 0N' lNc NIV. 348038 P.O. BOX401810 HESPERIA, CA 92340-1810 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 'I BERGER CIRCLE AND BERGER DRIVE SOUTH PROJECT N0. 814-09 CONTRACT NO. R28830 ISSUED February 9, 2011 1!2 Q BO CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL Fax from 768 341 7098 ep& j+ as This addendum addresses some modifications or additions to the Drawing Plans and/or Specifications for the Berger Circle and Berger Drive South project: 1. Replace pages C-2. C-3, and C-4 of the Specifications under C-CONTRACTOR'S PROPOSAL with the attached revision. Please note that two bid items have been added on the revised bid sheets. There are also two 8 WX11" drawings and a special provision for the water items provided. 2. Use D-2000 (D-Load) for all Reinforced Concrete Pipes. 3. Use the attached Standard Plan 403-1 Type 4 for the service pedestal. COOLEY CONSTRUCTION, INC LIC. 3M R0.90X401810 HESPERI& CA 92 61810 .,.y. � ' � —' + . 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