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HomeMy WebLinkAboutC29370C Cook Street Drainage and Intersection Improvements 505-03 - Joint ConsiderationCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Mayor and City Councilmembers From: John M. Wohlmuth, City Manag Date: February 24, 2011 Subject: Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovley Lane East (Project No. 505-03): Bid Results Recommendation Staff recommends the following actions: By Minute Motion: 1. Award Contract No. C29370C to Cooley Construction Inc for construction of the Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovely Lane East in the amount of $2,581.205.00; 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $258.120.50; 3. Authorize the Director of Finance to set aside a 15 percent allocation for Construction Support and Material Testing Services in the amount of $387.180.75; and 4. Authorize the Mayor to execute the subject agreement. Bid Results On February 22, 2011, the City Clerk publicly opened and read aloud three sealed bids. Below is a summary of the bids received: Cooley Construction, Inc. Weka, Inc. Granite Construction Co. Hesperia, CA Redlands, CA Watsonville, CA $2, 581,205.00 $3,084,486.00 $3,175,175.00 Cook Street Drainage & Intersection Improvements at Country Club &rlovley Lane East February 24, 2011 Page 2 Cooley Constrcution, Inc., submitted the lowest responsive bid in the amount of $2,581,205.00, which is nearly $1 million 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 project plans and specifications. Attachments /bc cc: Justin McCarthy, ACM Redevelopment Mark Greenwood, P.E., Director of Public Works Paul S. Gibson, Director of Finance David Erwin, City Attorney Bo Chen, P.E., City Engineer CITY COUNCIGACTiON APPROVED �� DENTED RECEIVED OTHER MUTING DATE Avrs: 5 NOES: r ABSENT: L! ABSTAIN: n`e VERIFIED BY:- ILK 1 Glrri Original on File with City Clerk's Office oLie- BY RDA ON 2-a44-11 VERIFIED BY "K4-, 41 Original on file with City Clerk's Office Contract No. C29370C CITY OF PALM DESERT STAFF REPORT REQUEST: AWARD CONTRACT NO. C29370C TO THE LOWEST RESPONSIBLE BIDDER FOR CONSTRUCTION OF THE COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST (PROJECT NO. 505-03) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: To Be Announced DATE: February 24, 2011 CONTENTS: Contract Agreement (to be provided) Contractor's Proposal (to be provided) Resolutions No. 07-60 & No.542 Recommendation By Minute Motion: 1. Award Contract No. C29370C for Construction of the Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovley Lane East in the amount of $ (verbal recommendation to be provided); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $ (verbal recommendation to be provided); and 3. Authorize the Mayor to execute the subject agreement. 4. Authorize the Director of Finance to set aside 15 percent allocation for Construction Support and Material Testing Services. Funds are currently available in Accounts No. 213-4385-433-4001 (Measure A) and No. 232-4375-433-4001 (Drainage) 853-4385-433-4001 (Redevelopment Agency per the attached resolutions). Executive Summary On February 5, 2011, staff was directed to advertize for bids for the construction of the Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovley Lane East project. The bids are scheduled to be opened by the City Clerk on February 22, 2011. After review of bids and contractor's qualification, staff will provide the City Council a verbal recommendation of the bids at the February 24, 2011, meeting. Staff Report Award Contract C29370C February 24, 2010 Page 2 of 3 Background On February 12, 2004, City Council approved Contract No. 22300 in the amount of $393,945 with Harris & Associates to design storm drain and intersection improvements at the Cook Street and Country Club Drive, and Cook Street and Hovley Lane East intersections. This project will eliminate cross -gutter and drainage issues at these intersections. The intersections will also be widened and the signals modified to improve traffic flow. On June 24, 2004, Council approved Amendment No. 1 to Contract 22300 in a not -to - exceed amount of $82,300 to include a hydrology study for the Monterey Avenue Storm Drain between Fred Waring Drive and the Whitewater Channel. A separate purchase order was opened and closed for an actual expenditure of $29,735 and the remaining unused portion went back to the Drainage Funds account. On August 25, 2005, Council approved Amendment No. 2 in the amount of $17,500 for the preliminary analysis and design of striping plans to identify where re -striping alone would be sufficient to accommodate the expansion of Cook Street from four lanes to six lanes. On January 26, 2006, Council approved Amendment No. 3 in the amount of $384,435 to expand the scope of services to include the final design to widen Cook Street to six lanes between Frank Sinatra Drive and Fred Waring Drive. On June 14, 2007, Council approved Amendment No. 4 in the amount of $117,463, for additional professional design services to split the project into two phases, design a sound wall, and rehabilitate the pavement. Phase I is for drainage and intersections improvements at Cook Street and Country Club Drive, and Cook Street and Hovley Lane East; and Phase II is for the improvements proposed to widen Cook Street from four to six lanes. On December 13, 2007, Council approved Amendment No. 5 to Contract No. 22300 in the amount of $171,749 to prepare and process an Initial Study/Mitigated Negative Declaration (IS/MND) for Phase I and an Environmental Impact Report (EIR) for Phase II. On March 12, 2009, staff presented Council with three alternatives for Cook Street Widening Phase II: Roadway Reconfiguration without Bike Lanes, Roadway Reconfiguration with Class I Bike Path, or No Project. Council selected Alternative 3, which was No Project. Since then, staff has begun the right-of-way acquisition process for Phase I for the drainage and intersection improvements at Cook Street and Hovley Lane East, and Cook Street and Country Club Drive based on the 100 percent design by Harris & Associates. On November 18, 2010, Council approved Amendment No.6 to realign the intersections and reschedule the raised median work on Cook Street from Phase I to Phase 11 of the Staff Report Award Contract C29370C February 24, 2010 Page 2 of 3 project due to problems encountered during the right of way acquisition of a small portion of the property at southwest corner of Cook Street and Country Club Drive. Fiscal Analysis The estimated construction cost for the project is $3.5 million. Prepared Bo Chen, P I , CA Prgineer Paul S.-)UIbswC Dimctor of Finance Wohlmuth, City Manager RESOLUTION NO. 07-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COSTS OF IMPROVEMENTS TO COOK STREET RECITALS A. The Palm Desert Redevelopment Agency (the "Agency") is a redevelopment agency, authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law of the State of California, being Part 1 of Division 24 (commencing with Section 33000) of the California Health and Safety Code (the "Law"). B. The City Council has previously determined that Project Area No. 3 (the "Project Area") is an area in which the combination of conditions of blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. C. Pursuant to provisions of the Community Redevelopment Law and in particular Section 33445 thereof, the Agency proposes to pay for street widening improvements to Cook Street and the costs associated therewith (the "Improvements") of benefit to the Project Area. D. The Improvements will serve a basic purpose of redevelopment, which is to expand employment opportunities and to provide an environment for the social, economic, and psychological growth and well-being of all citizens. The Improvements will serve the residents and taxpayers of the City of Palm Desert. The Improvements will improve traffic circulation in and around the Project Area, all for the benefit of the health, safety, and welfare of such residents and taxpayers. The Improvements will address the lack of adequate public improvements, assist in impaired investments, encourage private sector investment, create job opportunities, promote the economic viability of business in the Project Area, attract new businesses, assist in retaining existing businesses, and encourage business expansion for the health, safety, and welfare of the residents and taxpayers of the Project Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The foregoing recitals, and each of them, are true and. correct. -1- P6402-0001\983110v2.doc RESOLUTION NO. 07-60 Section 2. The City makes the following findings in connection with the Improvements: i. The Improvements are of benefit to the Project Area and to the immediate neighborhood in which the Improvements are located. ii. The payment of funds for the costs of the Improvements will assist in the elimination of one or more blighting conditions inside the Project Area. W. The payment of funds for the costs of the Improvements is consistent with the Agency's implementation plan adopted pursuant to California Health and Safety Code Section 33490. iv. No other reasonable means of financing the Improvements is available to the City. Section 3. The City Council hereby approves payment by the Agency for the costs of the Improvements from any revenues of the Agency lawfully available therefor, including tax increment revenues of the Agency from the Project Area. 13th eptember PASSED, APPROVED and ADOPTED this day old 2007 by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY NOES: NONE ABSENT: Non ABSTAIN: NONE Attest: Rachelle D. assen, lty Clerk City of Palm Desert, California 51, nr Wayor IR Lf!7rd S. 7Kel 'I 2 P6402-0001\983110v2.doc RESOLUTION NO. 542 -" A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING PAYMENT BY THE AGENCY FOR THE COSTS OF IMPROVEMENTS TO COOK STREET RECITALS A. The Palm Desert Redevelopment Agency (the "Agency") is a redevelopment agency, authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law of the State of California, being Part 1 of Division 24 (commencing with Section 33000) of the California Health and Safety Code (the "Law"). B. The City Council has previously determined that Project Area No. 3 (the "Project Area") is an area in which the combination of conditions of blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. C. Pursuant to provisions of the Community Redevelopment Law and in particular Section 33445 thereof, the Agency proposes to pay for street widening improvements to Cook Street and the costs associated therewith (the "Improvements") of benefit to the Project Area. D. The Improvements will serve a basic purpose of redevelopment, which is to expand employment opportunities and to provide an environment for the social, economic, and psychological growth and well-being of all citizens. The Improvements will serve the residents and taxpayers of the City of Palm Desert. The Improvements will improve traffic circulation in and around the Project Area, all for the benefit of the health, safety, and welfare of such residents and taxpayers. The Improvements will address the lack of adequate public improvements, assist in impaired investments, encourage private sector investment, create job opportunities, promote the economic viability of business in the Project Area, attract new businesses, assist in retaining existing businesses, and encourage business expansion for the health, safety, and welfare of the residents and taxpayers of the Project Area. NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The foregoing recitals, and each of them, are true and correct. P6402-0001 \982826v2.doc RESOLUTION NO. 542 Section 2. The Agency makes the following findings in connection with the Improvements: i. The Improvements are of benefit to the Project Area and to the immediate neighborhood in which the Improvements are located. ii. The payment of funds for the costs of the Improvements will assist in the elimination of one or more blighting conditions inside the Project Area. iii. The payment of funds for the costs of the Improvements is consistent with the Agency's implementation plan adopted pursuant to California Health and Safety Code Section 33490. iv. No other reasonable means of financing the Improvements is available to the City. Section 3. The Agency hereby approves, subject to approval by the City Council, payment by the Agency for the cost of the Improvements from any revenues of the Agency lawfully available therefor, including tax increment revenues of the Agency from the Project Area. PASSED, APPROVED and ADOPTED this13thday &Pt'"72007 by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, SPIECEL, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE hard S. Kelly, Chair n Attest: Rachelle D. Klassen, Secretary Pals Desert Redevelopment Agency 2 P6402-000I k982826Q.doc CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Mayor and City Councilmembers From: John M. Wohlmuth, City Manag Date: February 24, 2011 Subject: Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovley Lane East (Project No. 505-03): Bid Results Recommendation Staff recommends the following actions: By Minute Motion: 1. Award Contract No. C29370C to Cooley Construction, Inc., for construction of the Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovely Lane East in the amount of $2,581,205.00; 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $258,120.50; 3. Authorize the Director of Finance to set aside a 15 percent allocation for Construction Support and Material Testing Services in the amount of $387,180.75; and 4. Authorize the Mayor to execute the subject agreement. Bid Results On February 22, 2011, the City Clerk publicly opened and read aloud three sealed bids. Below is a summary of the bids received: Contractor Location Verified Bid Amount Cooley Construction, Inc. Hesperia, CA $2,581,205.00 Weka, Inc. Redlands, CA $3,084,486.00 Granite Construction Co. Watsonville, CA $3,175,175.00 Cook Street Drainage & Intersection Improvements at Country Club & Hovley Lane East February 24, 2011 Page 2 Cooley Constrcution, Inc., submitted the lowest responsive bid in the amount of $2,581,205.00, which is nearly $1 million below the engineer's estimate. Cooley Construction, Inc., has successfully completed confident that the contractor will be able to project plans and specifications. Attachments /bc previous projects for the City, and staff is construct the project in accordance with cc: Justin McCarthy, ACM Redevelopment Mark Greenwood, P.E., Director of Public Works Paul S. Gibson, Director of Finance David Erwin, City Attorney Bo Chen, P.E., City Engineer CONTRACT NO. C29370C AGREEMENT THIS AGREEMENT is made and entered into this 24—" day of February, 2011, by and between City of Palm Desert, California, hereafter called "CITY" and Cooley Construction, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST, PROJECT NO. 505-03, CONTRACT NO. C29370C, 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; ®) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 01 and 02; (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 180 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. C29370C 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. C29370C 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: 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. C29370C 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. C29370C 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: COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST, PROJECT NO. 505-03 CONTRACT NO. C29370C 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 Palm Desert hereinafter called the City, in the penal sum of Two Million, Five Hundred Eighty -One Thousand, Two Hundred Five Dollars ($2,581,205.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. CONTRACT NO. C29370C 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 BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PRINCIPAL in 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. C29370C 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: COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST, PROJECT NO. 505-03, CONTRACT NO. C29370C, (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 Two Million, Five Hundred Eighty -One Thousand, Two Hundred Five Dollars ($2,581,205.00), 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. CONTRACT NO. C29370C 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) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) M (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. C29370C State of California County of M Acknowledgment 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) COOLH CONSTRUCTION, INC UC.348036 C — CONTRACTOR'S PROPOSAL eo:eax4meto HE31Pf7i11, CA9M1810 COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST PROJECT NO.505-03, CONTRACT NO. C29370C TO: CITY OF PALM DESERT, "CITY' DATE: re- IF- -2cll J BIDDER: r_.rs fY �,-�.✓�•vv� Zile- "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST, PROJECT NO. 505-03, CONTRACT NO. C29370C, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1 �-2- 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 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 Page C-1-2 ' COOLEY CONSTRUCTION, INC UC.348038 P.O. BOX401810 tiOERIa, CA M01810 project, attorney expense, additional engineering and architectural expense and 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. 1 Construction Surveying LS 1 2 SWPPP �3, 2 �� . ou tK z??. oG LS 1 2) e�C • G'v 34,666 . & b 3 Mobilization LS 1 zzv, 000. 00 Z?-o,000, o0 4 Clearing and Grubbing LS 1 r,3 .- ovhe 000. no 5 Unclassified Excavation Cy 5,000 fl j y Zia �l1 7 `1 �Ji �o(,/ . F)v 6 Construct 0.75' AB CY 2,900 7 Construct 0.25' AC Pavement TON 2,100 7C�.�fl 15���10.E)p 8 Cold Mill SF 45,000 9 Construct 0.15' ARHM Overlay TON 2,500 /(�i�, C)u 2-4,p,occ),0C, 10 Construct 8" Curb and Gutter - Type I per City of Palm Desert Standard Drawing No. 102 LF 2,600 Z.O Ll Z f ZO. 00 11 Construct 6" Curb - Type II per City of Palm Desert Standard Drawing No. 103 LF 1,700 /0.60 !7CoC, DG 12 Construct 4" PCC Sidewalk per City of Palm Desert Standard Drawing No. 104 SF 5,400 q.75 Z51�S0v 13 Construct Cross Gutter - Type SF 500 II per City of Palm Desert cc Page C-2-2 COOLEY CONSTRUCTION, INC LIC.348MO PO.BOX 41810 HESPERIA, CA 92301810 Standard Drawing No. 108 14 Construct Curb Ramp per Riverside County Road Improvement Standards and Specifications Standard Drawing No. 403, Cases 'A' and 'B', and APWA Standard Plan 111-4, Cases 'C' and 'D', Type 2 EA 12 l 7n0. 0o 701100 oo 15 Construct 8" PCC Driveway (Commercial) per Modified City of Palm Desert Standard 7t Drawing No. 105 SF 500 ZU �/IDU. o0 16 Construct 6" Stamped PCC Behind Driveway to Match Existing SF 700 17 18 Construct Gravity Retaining Wall LS 1 2TLIC)0.cc) Z-7gVC, clv Construct Type 1A Retaining Wall LS 1 /t]! vVC. 6� 19 Construct Manhole No. 1 per RCFC&WCD Std Dwg No. MH251 EA 7 n onstruct Manhole No. 4 per CFC&WCD Std Dwg No. H254 EA 1 21 Construct Catch Basin No. 1 per RCFC&WCD Std Dwg No. CB 100 EA 7 V-U Z7s?a0 00 stall Fossil Filter per verside County Road 7300A, provement Standards and pecifications Std Dwg No. in Catch Basin EA 7 ?©o VU /yL)ef" C' p Page C-3-2 COOLEY CONSTRUCTION, INC LIC. 348036 PO. BOX 401810 tESPERI& CA92W1810 23 Abandon Existing Drywell EA 2 24 Construct Local Depression No. 2 per RCFC&WCD Std Dwg No. LD201 EA 7 cfl�<rJ� 25 Construct Concrete Collar for RCP per APWA Std Plan 380- 4 =EA2530 0c'u fP'• cvD 26 Construct 12" SDR 35 PVC Storm Drain LF 10 73. Co 73t�, 0 iO 27 Construct 18" SDR 35 PVC Storm Drain LF 10 / 03.00 /V3C .C20 28 Construct 18" Class IV (D- 2000) RCP Storm Drain LF 1,650 137,60 ,L?.OEv 29 Construct 36" Class IV (D- 2000) RCP Storm Drain LF 290 /�fQ . or-, 5Z200• 0C1 30 Shoring and Bracing LS 1 3250- 00 325 -0. 6,0 31 Traffic Control LS 1 32 Signing, Striping and Pavement Markers LS 1 33 Traffic Signal Improvements at Cook Street & Hovley Lane Intersection LS 1 7z0 000.0v Z2-Cvff•err;� 34 Traffic Signal Improvements at Cook Street & Country Club Drive Intersection LS 1 Z Q7©rJ0=E� �p 7O0v , C►O 35 Install 2" 78C Type 3 PVC Conduit, Fiber -Optic Cable, Pull Boxes, FO Splice Cabinets, Splice Kits and Related Appurtenances for Traffic Signal Interconnect Improvements LF 10,900 Page C-4-2 CWW CONSTRUCTION, INC UC. e P.O. BOX 401810 NEffi R k CA 041810 36 Replace Existing Copper Line With Fiber Optic Cable for Traffic Signal Interconnect Improvements LF 2,400 5 7&0• cD 37 Adjust Existing Manhole Frame and Cover to Grade per CVWD Std Detail S-1B EA 7 ygo,ov 32�,�1. C�0 38 Adjust Existing Manhole Frame and Cover to Grade per City of Palm Desert Std Dwg No. 110 EA 1 'i�p 00 �EfSf1 �1) 39 Adjust Existing Survey Monument to Grade per City of Palm Desert Std Dwg No. 300A or 300B, As Appropriate, To Match Existing EA 3 3C�1.Ot✓ 40 Adjust Existing Survey Monument to Grade per City of Palm Desert Std Dwg No. 300B EA 11 41 Adjust Existing Water Valve Frame and Cover to Grade per CVWD Std Detail W-18A EA 18 42 Construct Metal Hand Railing per APWA Std Plan 606-3, Type 'C' LF 190 43 Landscaping LS �� o© 163go, 00 1 44 Irrigation LS 1 45 Remove & Relocate 2" 2�930�. oti 2 UsCC). 6 V Irrigation Line per plans LS 1 �zyna�p �z�o,�D TOTAL BID PRICE z C%S. co Page C-5-2 COOLEY CONSTRUCTION, INC UC. 3480 P.O- 601E4001p18110. ts The costs of any work shown or required in the Plans and Speci iCncati s, outnot 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 $_2-,.S`I, Zr✓�SL� TOTAL AMOUNT BASE BID IN WORDS TZav 1�Y1,��i�nt f r rJ �Jr� G-IC,i�7�-E)ti 1 / I 0u56LD r1 iny IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By: —S �— - L Signature Title: CONTRACTOR State of California ) c, ) County of . (2) Subscribed and sworn to (or affirmed) before a on this al 5& day of (month), (year), byf��A( proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary 4(Seal of Notary) KAREN M. SHACKELFORD� a Commission # 1731016 Notary Public - California San Bernardino County - Comm• 11,2011 Page C-6-2 COOLEY CONSTRUCTION, INC LIC. 348038 ((��ppQ���P.'Opp.��p�BOryX 4011r8110 d(�{ f l7G�li 0,CA92301810 D - INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address (2) Telephone No. (74,-&) 11sl- S41100 (3) Type of Firm (Individual, Partnership or Corporation),„�:,.L,, (4) Corporation organized under the laws of the State of e"6 (5) Contractor's License No. :3,/3'n.;7a' Exp. Date .) Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: = -- Title: k &( - Signature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: /S /SrC S p J S,e C 1 (7) Number of years' experience as a Contractor in construction work (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner C/2. 2,175,c.`/0.3c� /r��f �l.;rt.l`{s IC,A �cs5c RIc,�Oc?c, 3. '51 'All - 0 903 // S/L% e,13. S 3 7t� Page D-1 COOL.EY CONSTRUCTION, INC LIC.348038 PO. BOX 401810 HESPERIA, CA92340.1810 (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:_LXUAL,TY -itsr License Number: �yL gggf Address:I?0kc1j,jA Ca Telephone: 71 y - ?,,3Z - 7 GE U Work to be performed: mi,vvj? LNc_ 17 -rZ-; Subcontractor's Name:_] L i'I'I I LL�-7z License Number: N& (-Su-,2yv7) Address: �/IL izv I u-c p C A Telephone: 7?c Q Work to be performed: SLAz\)c r Subcontractor's Name:_ 1yiI �. T,, C , License Number: 3414 2 2.14 Address: )IIr-j-ziIZ, -r A C f-I Telephone: CtS f - L<<x- 75�ciC) Work to be performed: U ;+���s_ C C,I-Z toallj ' (10) List the name of the person who inspected the site of the proposed work for your firm 'Re q 4.1,,,4 (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 COOLEY CONSTRUCTION, INC LIC. 348NO P.O. BOX401610 HESPERIA, CA 92340.1610 (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: "ALuq( L1*1tV10?CtrVk. [i4m sc a K License Number: S-7?c, 1 S x Address: ASP u uIAcLrr, C R Telephone: 74c, - 2y -C;L uo Work to be performed: as (A PL Subcontractor's Name:Sr,iu-pY I Cx License Number:) � I Z 7; Address: -2cLk-;oi jo 2Al2►r,, c a Telephone: loZL, -.�=�,x -c192 3 Work to be performed: 6161 Will, Subcontractor's Name:LA-L-Siji-2 i P'(= License Number7 Address i L BU12N W2 C, ( Ark), Telephone: art)Q - Su kI 717n Work to be performed:. (10) List the name of the person who inspected the site of the proposed work for your firm f�3t.� �� /ems (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 COOLEY CONSTRUCTION, INC LIC. 34M P0. BOX 401810 HESPERM, CA 92340.1810 (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: t aN-� l,L eftiZ i NC License Number:y Address: 2-�LjZpYj At, CK Telephone: Work to be I Subcontractor's Name:;flyt--nLJ1t I Ct Y z I K 7_ Y5a License Number: �, � 3.S Z Address: M, eii- � c;,,�,� . (9 Telephone: q.S"I -1 R2 jfi� 1 Work to be performed: L-N PL tt1,1t)U 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 (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 C000 CONSTRUCTION, INC UC. 348038 P.O. BOX 401810 E — NON -COLLUSION AFFIDAVIT HESPERIIsI, CA 9234ai810 To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) SS COUNTY OF t� Ln�.6 1"10) , being first duly sworn, deposes and says that he/she is of pnsf-_tuc-h_,Qti Z4c_,, 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 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: CONTRACTOR Cmle_q CvnsfwAc+jo aipe State of California County of � nc0A;,70 Subscribed and sworn to (or affirmed), before me this At z+ day of �_e(an_t (month), 20 1( (year), by _PG i t L cl)n (emu ✓ , proved to. Me on the basis of satisfactory evidence to be the person Vvho appeared before me. Signature of Notary: 41i'._ k 'QN0 V A Notary Public in and for said County and State - KAR_ _ (seal of notary) EN tN. SHACKELFORD Commission # 173101 Notary Public • California Page E-1 San Bernardino County r Comm. Ez tree w 112011 - 'J ' COOLEY CONSTRUCTION, INC LIC.348038 P.O. SOX 401810 HESPERA, CA 9234W810 F — BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Cooley Construction, Inc. as principal, and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ Ten percent (10%) • (10% of bid) to be paid to the 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. *of the total amount bid THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The work to be done consists of street, drainage, traffic signal, landscaping and irrigation improvements on: Cook Street, from 42" d Avenue to Frank Sinatra Drive; Hovley Lane East, from Eclectic Street to 400 feet east of Cook Street; and Country Club Drive, from Desert Willow Drive/Desert Springs Drive to 150 feet east of Cook Street. The work includes earthwork, construction of aggregate base, asphalt paving, cold -milling, construction of asphalt pavement overlay with asphalt rubber hot mix, curb, curb and gutter, cross gutter, sidewalk, curb ramps, driveways, retaining walls, storm drain manholes, storm drain catch basins, installation of fossil filters, construction of local depressions, concrete collars, RCP storm drain, PVC storm drain, installation of signing, striping and pavement markers, traffic signal improvements at the intersection of Cook Street and Hovley Lane East and at the intersection of Cook Street and Country Club Drive, traffic signal interconnect improvements, adjustments and relocations of existing utility valves, manholes, meters and hydrants, construction of metal hand railing, removal and replacement of a bus stop and landscaping and irrigation improvements, as well as related appurtenant work not mentioned above but required in accordance with Contract Documents which are essential in its functional completeness. and dated February22, 2011 is accepted by the City of Palm Desert, and if the above bounden principal Cooley Construction, Inc. 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, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. Page F-1 COOLEY CONSTRUCTION, INC LIC. 348038 P.O. BOX 401810 HBPERIA, CA 92340.18tU IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 14th day of February 2011. Contractor's Name: Cooley Construction, Inc. Contractor's Signature: _. Title: Address: 17525 Eucalyptus Street, Suite G, Hesperia, CA 92345 Telephone: 760.948.8421 Surety's Name:Fidelity and Deposit Company of Maryland Surety's Signature: - Title: Janet C. Rojo, _Attorney -in -Fact Address: 560 Mission Street, San Francisco, CA 94105 Telephone: 415.538.7363 J H IPage F-2 0 k CALIFORNIA State of California County of San Francisco COOLEY CONSTRUC110N, INC LIC. 34M P.O. BOX 401810 HESPERIA, CA 9M1810 On February 14, 2011 before me, Virginia L. Ledford -Black, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Janet C. Rojo Name(s) of Signer(s) ►' . c `+a : ^t VIRGINIA L. t.Lpfi0f;i7-I31,4CI4 Co", i* 1835592 10 ' i f 01 APY P08LJC--CALIF6RN1A �.:CtUNTY 0 e4 i 3rii. Expi$r'� rtdjl y 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. 4V16 WITNES rhy hand and o I e 1. a&0;1.. �� �1 Place Notary Sea! Above Signature Signature of Notary 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): — 0 Partner — ❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER TOP of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): 171 Partner — ❑ Limited ❑ General 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here .11 u•G41 • : 1• ! i c• :,, COOLEY CONSTRUCTION,' ? LIC• 8 P.O. BOX 401810 Power of Attorney HESPERIA, CA M(3 1814 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 V1, 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 -Fa b 6S ee,{ s , and on its behalf as surety, and as its act and deed: any and all bonds an "� ft c bonds or undertakings in pursuance of these presents, shall be as bindi 01 pa � y, to all intents and purposes, as if they had been duly executed and eV r u cers of the Company at its office in Baltimore, Md., in their own proper persons�er r s that issued on behalf of Susan HECKER Jane t C. ROJO, Betty L. TOLENTINO, M. IVyau 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 Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of October, A.D. 2008. ATTEST: �p DEPps� J �MN �'W fair State of Maryland 1 ss: Baltimore County f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: 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. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 016-0511 C ACKNOWLEDGMENT State of California County of _ San Bernardino On February 21, 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 persons) whose name(s) is/are subscribed to the within instrument and acknowledged to m e 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 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. WITNESS my hand and official seal. Signature (Seal) KAREN M. SHACKELFORD _ Commission #t 1731016 " Notary Public - Colifornlo San Bernardino County Comm. 11 2011 Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR SCHUAMBURG, IL 60196-1056 800-382-2150 Old Company Names back to top Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO CA 95833 back to top Reference Information Effective Date NAIC #: 39306 California Company ID #: 11 2479-4 Date Authorized in California: 01/01/1982 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: (MARYLAND back to top NAIC Group List NAIC Group #: 0212 ZURICH INS GRP back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://interactive.web.insurance. ca.gov/companyprofile/companyprofile?event=companyPr... 2/22/2011 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance http://interactive.web.insurance. ca.gov/companyprofile/companyprofile?event=companyPr... 2/22/2011