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HomeMy WebLinkAboutC30950 Monterey Avenue Resurfacing Cold In-Place Recycling Project 752-12AContract No. C30950 and C30950A CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30950 FOR CONSTRUCTION OF THE MONTEREY AVENUE COLD IN -PLACE RECYCLING PROJECT TO COOLEY CONSTRUCTION, INC. OF HESPERIA, CALIFORNIA, IN THE AMOUNT OF $555,555 (PROJECT NO. 752-12A) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Cooley Construction, Inc. 17525 Eucalyptus Street, Suite G Hesperia, CA 92345 DATE: July 14, 2011 CONTENTS: Contract Agreement and Bonds (Contract No. C30950) Contractor's Proposal Reimbursement Agreement with Rancho Mirage (Contract No. C30950A) Location Map Recommendation By Minute Motion: 1. Award Contract No. C30950 for construction of the Monterey Avenue Cold In -Place Recycling (CIR) Project to Cooley Construction, Inc., of Hesperia, California, in the amount of $555,555 (Project No. 752-12A); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $55,555.50; 3. Authorize the Mayor to execute the subject agreement; and 4. Authorize the City Manager to execute a reimbursement agreement with the City of Rancho Mirage for the construction on Monterey Avenue;and (Contract No. C30950A) 5. Authorize the City Manager to execute a reimbursement agreement with the utility companies with facilities in the street. f Funds are available for this project in the General Fund Account reserved for street maintenance, 110-4311-433-3320. Staff Report Award Contract C30950 to Cooley Construction, Inc. (Project 752-12A) July 14, 2011 Page 2 of 3 Background The Monterey Avenue CIR Project will rehabilitate Monterey Avenue between the Whitewater Channel Bridge and Hovley Lane West by removing three inches of the existing asphalt concrete, pulverizing it and reusing it as base paving. After placement of the base paving, a one and one-half inch surface course will be placed. The City boundary line that divides the City of Palm Desert from the City of Rancho Mirage runs down the middle of Monterey Avenue in the project limits, so essentially half the project is in Rancho Mirage. Rancho Mirage has expressed an interest in participating in the rehabilitation of the asphalt concrete. An agreement has been drafted to allow the project to be constructed as a joint project. The attached agreement with Rancho Mirage simply outlines what is expected of each party with regard to the financial responsibility for the construction activity on Monterey Avenue. The Agreement names the City of Palm Desert as the lead agency for the project, and equally divides the cost of the project between Palm Desert and Rancho Mirage. The project was advertised and contractors were encouraged to submit bids. On May 24, 2011, bids opened and read aloud. The results are as follows: Contractor Location Bid Amount Cooley Construction Hesperia, CA $531,605 Matich Corporation San Bernardino, CA $544,000 Skanska Riverside, CA $547,650 Hazard Construction Palm Desert, CA $563,880 Granite Construction Indio, CA $599,599 Cooley Construction, Inc. submitted the lowest responsive bid (11 percent less than the engineer's estimate). There is an alternate bid item for the adjusting of utility facilities to finished grade after the improvements are complete. The contractor provided a price of $23,950 for these adjustments. Previously, the City included the adjustment of valves and manhole frames and covers as a cost of the project, but the City is now passing the cost of adjustments of utility facilities on to the utility purveyors. It is recommended that the contract be awarded including the Alternate bid item for utility adjustment, and that the work is only performed after the utility company executes a reimbursement agreement to pay the cost of the adjustments. The contract amount will include the cost of the CIR process and the adjustment of the utilities for a total amount of $555,555. Staff recommends that Council authorize the City Manager to execute a reimbursement agreement related to this project after review and approval by the City Attorney. The Reimbursement Agreement would only become necessary if the utility providers want the adjustments made as part of this contract. Staff Report Award Contract C30950 to Cooley Construction, Inc. (Project 752-12A) July 14, 2011 Page 3 of 3 Fiscal Analysis This street resurfacing project is being done as a part of the City's annual Street Maintenance Program. There is no fiscal impact beyond the contract amount. Prepared By: Ryan Paul S. Gi r, Administrator Mark Greenwo d, P.E. Director of Public Works CITY COUNCILAC,.TION APPROVED ✓✓ DF.NTF.D Dire for of Finance RECEIVED OTHER Wohlmuth, City Manager MEETING DATE AYES: b/)Cd f NOES: 0 .r.. ABSENT:,_.__ ABSTAIN: VERIFIED BY: Original on File with City rk's Office Contract No. C30950 AGREEMENT THIS AGREEMENT is made and entered into this 14th day of July, 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, MONTEREY AVENUE CIR PROJECT, PROJECT NO. 752-12A, CONTRACT NO. C30950, 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. n/a; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Contract No. C30950 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. C30950 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. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Contract No. C30950 CONTRACTOR: BY: Signature to be notarized TITLE: CITY: BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Contract No. C30950 CONTRACTOR ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY ACKNOWLEDGMENT State of California ) ) SS. County of Riverside ) (seal) On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Contract No. C30950 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: MONTEREY AVENUE CIR PROJECT PROJECT NO. 752-12A CONTRACT NO. C30950 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 Five hundred Fifty-five Thousand Five Hundred Fifty-five and 00/100 Dollars ($555,555.00), 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. C30950 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California County of On before me, personally appeared PRINCIPAL L'V , 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. C30950 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 July 14, 2011 described as follows: MONTEREY AVENUE CIR PROJECT, PROJECT NO. 752-12A, CONTRACT NO. C30950, (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 Five hundred Fifty-five Thousand Five Hundred Fifty-five and 00/100 Dollars ($555,555.00), 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. C30950 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 PRINCIPAUCONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) COOLEY CONSTRUCTION, INC UC.348038 110. 9M 41810 HESPERIA,CAW10.1810 CITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR MONTEREY AVENUE CIR PROJECT PROJECT NO.752-12A CONTRACT NO. C30950 Bo Chen P.E., City Engineer DATE 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 (760) 776-6450 Key Information Issued Date: Submit Written Question: Bid Opening: Cost of Plans: Length of Project: June 8, 2011 2:00 p.m., on June 22, 2011 2:00 p.m., on June 28, 2011 $20.00 30 Calendar Days C - CONTRACTOR'S PROPOSAL MONTEREY AVENUE CIR PROJECT PROJECT NO. 752-12A CONTRACT NO. C30950 TO: CITY OF PALM DESERT, "CITY" DATE: �dt-'P-- Z-4 BIDDER: el.,�1., �;,, ,<.Ta „r„ -r-, "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, MONTEREY AVENUE CIR PROJECT, PROJECT NO. 752-12A, CONTRACT NO. C30950 hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with CITY: 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 rA 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 Page C-1 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. 2. Mobilization Traffic Control LS LS 1 1 $ ► os . o o $ /LIDO D $ $1 y os. vo $ ! 3. 4. Lower Manholes and Valves Cold In -Place Recycling (CIR) 3" Ha th LS SF 1 266 000 $ 1.O10 Z"d I 5. HMAC Overlay -1.50" SF 266,000 $ $ 6. Signing and Striping LS 1 $ $ 7. Traffic Signal Loops EA 33 $ $ TOTAL BASE BID PRICE Zlos. oo A-1 Adjust CVWD Manhole to Grade EA 22 $ 70©,Co $ A-2 Adjust CVWD Valve to Grade EA 18 TOTAL ALTERNATE #1 BID PRICE $ �a $ $ 23 q SO..&D C=R CUMMW-WK NC UC.3M Page C-2 P.O.WX�01810 lA,CA0 0�1810 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. The low bid will be determined by calculating the Base Bid Amount only. No consideration will be given to Alternative #1 with respect to determining the low bidder. TOTAL BASE BID AMOUNT IN FIGURES TOTAL BASE BID AMOUNT IN WORDS -" I I IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By: Signature—, Title: k Z�.. L CONTRACTOR State of California County of�"rV'vt Ji,-10-- ) Subscribed and sworn to (or affirmed) before o me ' LL " " n this -2�� 1 day of (month), (year), by --j proved to me on the basis of satisfactory eviddnce to be the person(s) who appeared before me. Signature of Notary-✓ -(,",,-'Ji "I (Seal of Notary) KAM M. SMAW"M CaNdsSion # 12M95 Notary PW* - camornia San Barman courft ---- MY Comm. Eggres Ur 11, 2015 LIC.3480 PABOX401810 Page C-3 IlEyWCA923*00 LOOM CONSTRt)CTIQN, INC UC.348038 pa wX401810 D — INFORMATIONgpEplp,CA82 *1810 REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address I7�L5 GU[ ,4L{/d"�J� 57 Ta c � N&sP�k 119 (2) Telephone No. u(to) (3) Type of Firm (Individual, Partnership or Corporation):rPL�,2f�Trn..l (4) Corporation organized under the laws of the State of c14L (5) Contractor's License No. 3gpo3? Exp. Date d zg 7,.,/ Contractor hereby swears under penalty of perjury that this information provided is true oil and co ect. By: 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: air (7) Number of years' experience as a Contractor in construction work 35 (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Tele hone No. of Owner .)7k'CET GG.✓.vT�✓ GG ,2rcr�JralL� y / 0 5/04a . 2l� :7MA4,,VGn./&-1rS 2cJc3 0/ Jes-5Ae� Al (150 1&1 - ir7c3 2. Gr_ / nP TC;--J 5 TQEBT 6 -mare T Z/ til'i� sq!s.c , JArSSC .W(151. Ael -C.7c3 ,fwtf ?ivFaf TS :1c; � a 3. i s�,�-r W11-La v L'L1r.aL!d Ft,t w✓ .;yMR�'twrE-wGrvfS 901 G G/ TY' O h �-,sy D�51=R7 5-15, 3 cece--C, ..1•Ra` , # Vuu7 3L(1 - -769 Page D-1 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: hjk:;",W License Number: 72©i'f7 Address: Telephone: 162 3s(p-173� Work to be performed: Loops Subcontractor's Name: Y`S License Number: Address: &?9)c,)n /' a Telephone: q/ D - -? q -4 L,8 Work to be performed: 1-��r,��T (/n LIrif-- Subcontractor's Name: License Number: 579g3,Z Address: Mjj„pq Af CA Telephone: QS! -�. g Work to be performed: ('dj � (10) List the name of the person who inspected the site of the proposed work for your firm 8e�"+ ,ZUj..,e,f (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. COOI.E1t CDNBTRUCT1OK INC UC.348038 PA. WX401510 Page D-2 HCA92M16t0 LI 1 (9) List the names and addresses of each Subcontractor who will perfor m m work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name? .Si IZkP(NC-7 License Number: Address: 13v-f1tLMPL/; _ C-6 j 11 n Telephone: Work to be performed: 5 M ar N L� 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 40,-J y (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. COOIE1t CONSTRUCTION► INC UC.348038 P.O.BOX 401810 Page D-2 HMM&MM1810 t, 1 11 COOLEY CONSTRUCTION, INC E - NON -COLLUSION AFFIDAVIT LIC.348038 P.O. DOX401810 To be Executed by Bidder and Submitted with Bid 16PEFIKCA98340.1810 STATE OF CALIFORNIA ) } ) SS COUNTY OF.,� r being, first duly sworn, deposes and says that he/she is J— `� y , , of �, >���.t,r�.;�..��,� c-t�t>^� �-� the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of f any undisclosed person, partnership, company, association, organization, or ry corporation; that the bid is genuine and not collusive g 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 s. 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 State of California County of :_t c, ; r6 i , , :�, I d"k , Subscribed and sworn to (or afrmed), before me this , I ���,.�day of (month), 20 1 i (year), by , .- , proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary: t���1 �1 ! r4 Notary Public in and for said County and State KAREN M. SHACI(E"D ' (seal of notary) Commission # 1928595 Notary Public - CaNfornta San Bernardino County Page E-1 M Comm Expires Apr 11.2015 CM10 CONSTRUCTION, NX UC.3M Pa wX40181© F - BIDDER'S BOND NI;SPEBIA, CA92340.1810 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: MONTEREY AVENUE CIR PROJECT PROJECT NO.752-12A CONTRACT NO. C30950 The general items of work to be done hereunder consist of: Cold Milling Asphalt, Cold In -Place Recycling, Asphalt Paving, Adjusting Manhole and Valve Frames and Covers to grade, Installing Traffic Signal Loop Detectors, Striping, Traffic Control, and other duties necessary for full execution of the project, ' and dated June 28, 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. (Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page) Page F-1 COO RCONSIMON'INC LIC-348M PO.81OX401810 NEPW CA 92340.1810 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 20th day Of June 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 Acknowledgment State of California County of On before me r. Vti personally appeared 1-.-1 1-,_ who proved to me on the basis of satisfactory evidence to be the personW,w_hose name(6foare- subscribed tp the within instrument and acknowledged to me tha ' ' ,kh�Ysheftey executed the same ir(,,�t/herttheir authorized capacity(4es), and that by th!" he#their signaturefo on the instrument the personal, or the entity upon behalf �' -f 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 Y'l (Seal) ------- KANIIEN1 0 " 2 SIMM0 i�, I FORD Convnissim # 1228695 L Page F-2 notary Public - California San Bernardino County M1 Comm. Expirest !gr 11. 2015 COOLEY CONSTRUCTION, INC LIC. 348038 PO. WX 401810 HESPERIA, CA 923*1610 ALL-PURPOSECALIFORNIA ACKNOWLEDGMENT :r, 3>, c<• ;;..:; a�i 2$i.; ;.;,�•,y:.�:r :;��» i. �i:' :3.;':��5?:'=S£=5:. �:!�:�> :����>;!.i. :�ti :�.a::. -. •i"•�r..•/`•. �.i",•.^v. State of California County of San Francisco On June 20, 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) VII;CIN(IA L. i Et:I(FU[I�[i B CIF i `.� A+crd,Pv t'tli`?l C `'Alil`OFtif;i/, Place Notary seat Above 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 o(fici I sea Si naturey LA !1 {, 11 �} r ;' .( � Gr & g — Srgnature of Notary OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons retying 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: S(gner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Individual 0 Corporate Officer — Title(s): — O Partner — O Limited ❑ General O Attorney in Fact 0 Trustee Guardian or Conservator 71 Other: Signer Is Representing: RIGHTTHUNTPRiNT OF SIGNER Number of Pages: Signer's Individual 71 Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General LJ Attorney in Fact LJ Trustee Top of thumb here Guardian or Conservator ❑ Other: Signer is Representing O2DD7 NaftW ►otary Assocleian• 9M De Soto Ave.. P.O.BM 2402 •Clxa*Mr9K CA 913132A02•wwwAotlon*kt"org leem a59o7 R8Wdet:Oe117b1 Free t-8rZ478 sW M COOLEY CONSTRUCTION, + UC.348038 PO. DOX401810 NESP81A, CA 9234M4810 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 VI, Section 2, of the By -Laws of said C'gnW� ny, which are set forth on the reverse side hereof and are hereby certified to be in full force Lind effect on the cl�Ue hq `4 '66'shcreby nominate, constitute and appoint Susan HECKER, Janet C. ROJO, Betty L. TO 1 ,1V-.-MbOIDY Maureen O'CONNELL, J.M. ALBADA, Brian F. COOPER, Robert P. WRIXON • �l��`� �a } 'A� 1h .��1��'ai�cisco, California EACH its true and lawful agent and Attorney -in -Fa • i Oc tEetr('e s ;tl SIC t -I r itnd on its behalf as surd and as its act and deed: an and all bonds a s,�'`` y' Y P ttd�l'ticins, and ttlicy lv 4ificyl►l stic i bonds or undertakings in pursuance of t' -t, �r these presents, shall be as bindir� �ttiktl�npar�ys �,{�► f' xnd y, to all intents and purposes, as if they had been duly executed and aylE t�ied�ttc your 1�c�t?�e�ers of the Company at its office in Baltimore, Md., in their own proper persons."V��iwer�ef:itFiEX►r,rec�s that issued on behalf ol' Susan HECKER, Janet C. ROJO. Betty L. TOLENTINO, M. `►uf;t�c115(`71C) LL, 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 ol' 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 clay of Octobcr, A.D. 2008, ATTEST: �Q DEPOSE 0 0 c .r o nf0 Eric D. Barnes State of Maryland Sti: Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Assistant Serretary Theodore G. Martine,. 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 he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, andheing by me duly sworn, severally and each for himself deposcth 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 Lind 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. He{►•den Nolan Public My Commission Expires: February 15. 2013 POA-F 016-0511 C Contract No. C30950A MONTEREY AVENUE CIR PROJECT REIMBURSEMENT AGREEMENT BY AND BETWEEN CITY OF PALM DESERT AND CITY OF RANCHO MIRAGE THIS AGREEMENT is made and entered into this day of 2011, by and between the City of Palm Desert ("Palm Desert") and the City of Rancho Mirage ("Rancho Mirage"), and is made with reference to the following background facts and circumstances: RECITALS The City of Palm Desert and the City of Rancho Mirage desire to proceed with the "Monterey Avenue CIR Project" (the "Project"). The Project will utilize the Cold In -Place Recycling (CIR) process to remove and mill a three-inch layer of asphalt, reintroduce asphalt emulsion, and pave back a three-inch layer of recycled asphalt along the segment of Monterey Avenue detailed in Exhibit 1" After the recycled asphalt is placed, a 1.5 inch cap of conventional asphalt will be placed. NOW THEREFORE, in consideration of mutual covenants and subject to the conditions contained herein, the parties do agree as follows: (1) The project shall consist of the Cold In -Place Recycling on Monterey Avenue from the north side of the Whitewater Channel to the north side of Hovley Lane West, within the Cities of Palm Desert and Rancho Mirage. (2) The estimated cost of the Project is $600,000. Rancho Mirage's share of the Project's cost is estimated to be approximately $300,000, or fifty percent (50%) of the Project's cost. Notwithstanding the estimate, Rancho Mirage shall pay to Palm Desert fifty percent (50%) of the total Project cost. (3) Palm Desert shall serve as the lead agency for the completion of the entire project. (4) Upon completion of the Project, Palm Desert shall determine Rancho Mirage's share of the Project Cost based upon fifty percent (50%) of the total project cost. Palm Desert shall present to Rancho Mirage a statement certifying its costs incurred in completing the work, and shall include copies of the contractor's invoices, evidence of payment, and such other information and records necessary to verify the cost of the work. Contract No. C30950A (5) Within thirty (30) days of the receipt of the information provided pursuant to section 4 above, Rancho Mirage shall pay to Palm Desert an amount equal to the Rancho Mirage share of the Project costs. (6) Palm Desert agrees to keep all project contracts and records for a period of not less than three (3) years from the date notice of completion is filed by Palm Desert for the Project. Palm Desert also agrees that all such files and records shall be made available to Rancho Mirage upon its reasonable request. (7) Palm Desert agrees to include in the contract specifications and bid documents prepared pursuant to this Agreement, a requirement that all contractors, including, but not limited to, subcontractors, shall name Rancho Mirage and its officials and agents, as additional insureds, on all liability insurance coverages required thereunder, with the additional requirement that such coverages shall not be suspended, voided, canceled or reduced in coverage or limits except after thirty (30) days written notice has been received by Rancho Mirage. Palm Desert further agrees to provide Rancho Mirage with copies of all insurance certificates within thirty (30) days after the construction contract is executed by Palm Desert and its contractor, and within thirty (30) days after any subcontractor executes any contract in performance of this Agreement. (8) All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing (such as FedEx or UPS)), sent by telecopier or facsimile ("Fax") machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to "Palm Desert": City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: Public Works Director Telephone: (760) 346-0611 FAX: (760) 341-7098 If to "Rancho Mirage": City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, CA 92270 Attention: Public Works Director Telephone: (760) 770-3224 FAX: (760) 770-3261 Contract No. C30950A Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (1) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier services); (2) the date of the actual receipt (if personally delivered by other means); (3) date of transmission (if sent by telecopier or facsimile machine), or; (4) the date of delivery as indicated on the return receipt (if sent by certified or registered mail, return receipt requested). Notice of change of address shall be given by written notice in the manner detailed in this paragraph. (9) This Agreement contains the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. (10) If any term, provision, condition, or covenant of this agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition, or covenant to persons or circumstances other than those as to whom it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. (11) This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. (12) Palm Desert and Rancho Mirage do hereby mutually agree to indemnify, defend, save, and hold harmless the other and their respective officers, agents, servants, and employees, of and from any and all liabilities, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature, or sort, including, but not by way of limitation, for wrongful death, and for the expenses of the defense of said parties, and each of them, and the payment of attorneys fees in any such action, arising out of, or in any manner connected with any act or omission of such indemnifying party, done or performed in connection with such parties duties and obligations hereunder. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Contract No. C30950A IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM DESERT By: By: Rachelle D. Klassen, City Clerk Jean M. Benson, Mayor APPROVED AS TO FORM: By: David J. Erwin, City Attorney ATTEST: CITY OF RANCHO MIRAGE By: Cynthia Scott, City Clerk APPROVED AS TO FORM: By: Steven B. Quintanilla, City Attorney By: G. Dana Hobart, Mayor Exhibit I Contract No. C30950A Monterey Ave CIR +/- 266X2 SQ FT i uI - 'lI Dml:"�, jil H 0 VLEY LN W HOVLEY LN W HO VLEY LN W F, Y rl-4-1 UO F-� SOL a Vicinity Map F9PTFPm QN -- SOL I F&I ®r. L E) Date- 712011