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C26670A Construction of Miscellaneous Drainage Project 520-05
CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C26670A FOR THE CONSTRUCTION OF THE MISCELLANEOUS DRAINAGE PROJECT TO TRI-STAR CONTRACTING II, INC. (Project 520-05) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Tri-Star Contracting II, Inc. 15501 Little Morongo Road Desert Hot Springs, California 92240 DATE: June 9, 2011 CONTENTS: Agreement and Bonds Contractors Proposal Vicinity Map Recommendation By Minute Motion: 1. Waive irregularity in bid; 2. Award Contract No. C26670A in the amount of $996,972.70 to Tri-Star Contracting II, Inc., of Desert Hot Springs, California, for Construction of the Miscellaneous Drainage Project (Project 520-05); 3. Set aside a 10 percent contingency in the amount of $99,697.27; 4. Authorize the Mayor to execute the subject agreement; and 5. Authorize the City Manager to execute a reimbursement agreement with the utility companies with facilities in the street. Funds are available in Account No. 420-4370-433-4001, Capital Project Drainage Facilities. No General Fund money is being used for this expenditure. Staff Report Award Contract No June 9, 2011 Page 2 of 3 Background C26670A to Tri-Star Contracting II, Inc. for Miscellaneous Drainage Project On June 28, 2007, City Council awarded Contract No. C26670 to AAE Inc., in the amount of $194,795.00 for the design of drainage improvements at several locations throughout the City necessary to mitigate nuisance water and storm event flooding. There are five locations where the work will take place. • Site 1 takes water from Highway 111 and routes it to the existing storm drain in Deep Canyon. During heavy rains, stormwater threatens to flood some of the stores along the frontage of Highway 111. • Site 2 conveys water from Shadow Hills Road to the existing storm drain in Deep Canyon Road. Stormwater from the public streets currently surface flows through a gated neighborhood across their greenbelts. • Site 3 constructs an underground water retention basin adjacent to Mountain View Drive. A large pond forms during rainstorms, spreads across the entire street, and blocks vehicles from exiting the street. • Site 4 transfers water from a low spot on Hovley Lane East to an existing storm drain line in the street. Rainwater fills up the low spot in the street closing the street until the water subsides. • Site 5 carries surface flows on Silver Spur Trail to existing storm drain near Sun Corral Trail. The constant surface flows have deteriorated the asphalt and in some places the road has eroded completely down to the base material. The project was advertized and bids opened and read aloud by the City Clerk on May 18, 2011. The results are as follows: Contractor Location Base Bid Alternates Total Tri-Star Contracting, Inc. Desert Hot Springs, CA $ 988,572.80 $ 8,400.00 $ 996,972.80 Simon Contracting Indio, CA $1,044,385.00 $10,450.00 $1,054,835.00 WEKA Inc. Redlands, CA $1,276,198.00 $ 4,575.00 $1,280,773.00 In calculating the total bid amount, the contractor made an addition error resulting in an overstatement of ten cents. The specification indicates that the actual bid amount shall be the sum total of all items. The City Attorney has indicated that this is an irregularity that can be waived by the City Council. The base bid price includes the construction work for the drainage improvements. The Alternate bid items are for adjusting the Coachella Valley Water District (CVWD) facilities to finished grade after the improvements are complete. Previously, the City included the adjustment of CVWD valves and manholes 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 items, and that the work is only performed after the utility company executes a reimbursement Staff Report Award Contract No. C26670A to Tri-Star Contracting II, Inc. for Miscellaneous Drainage Project June 9, 2011 Page 3 of 3 agreement to pay the cost of the adjustments. 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 CVWD wants the adjustments made as part of this contract. Fiscal Analysis The storm drain infrastructure being constructed as a part of this project has a useful life in excess of 40 years. The maintenance requirements for the system are minimal. Therefore, there is no fiscal impact beyond the contract amount. Prepargd,By: Administrator Paul S. Gibson, Director of Finance n M. Wohlmuth, City Manager Depa Mark Green ood, P.E., Director of Public Works CITY COUNCILACTION APPROVED 11� DENTED RECEIVED OTHER MEETING DATE AYES: NOES: —� ABSENT: NDO. A13S11,AIN: 'e_ VERIFIED BY: lZD Original on File with City CIA's Office AGREEMENT THIS AGREEMENT is made and entered into this 9th day of June, 2011, by and between City of Palm Desert, California, hereafter called "CITY" and Tri-Star Contracting II, Inc., hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, Miscellaneous Drainage Project, PROJECT NO. 520-05, CONTRACT NO. C26670A, 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. 1 and 2; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 120 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. C. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1,000.00 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 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: 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 State of California County of CONTRACTOR NOTARY ACKNOWLEDGMENT } } SS } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Tri-Star Contracting ll, Inc., (hereinafter designated as the "CONTRACTOR"), an agreement dated June 9, 2011 described as follows: Miscellaneous Drainage Project, PROJECT NO. 520-05, CONTRACT NO. C26670A, (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, Tri-Star Contracting ll, 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 Nine Hundred Ninety -Six Thousand, Nine Hundred Seventy -Two and 70/100 Dollars ($996,972.70), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: Tri-Star Contracting II, Inc., 0 (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (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) Acknowledgment State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Tri-Star Contracting II, Inc., hereinafter designated as the "Principal", a contract for: Miscellaneous Drainage Project PROJECT NO. 520-05 CONTRACT NO. C26670A 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, Tri-Star Contracting II, 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 Nine Hundred Ninety -Six Thousand, Nine Hundred Seventy -Two and 70/100 Dollars ($ 996,972.70) being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY M INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBE State of California ) County of ) On before me, PRINCIPAL go 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) C - CONTRACTOR'S PROPOSAL Miscellaneous Drainage Project PROJECT NO. 520-05 CONTRACT NO. C26670A TO: CITY OF PALM DESERT, "CITY" DATE: BIDDER: "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, Miscellaneous Drainage Project, PROJECT NO. 520-05, CONTRACT NO. C26670A, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). 1r2y— 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 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-1 760-341-7098 02:58:25 p.m. 05-13-2011 4 /5 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. i T S.'� .. { '5 R .G, .r+,. 3E .: »1GG,J'fri ^r' AF.� � i'4•'C <t1,�41>'^J.:?r"' {'r^Tw L,�"f y"Y r 1 Mobilization LS 1 $ 14 --�. 2 Traffic Control LS 1 $ $ lzw&' ,W Zc 3 Clearing and Grubbing LS 1 $ $ , IP0 O 4 Document Utility Frames and Covers LS 1 $ •!U 5 Unclassified Excavation LS 1 $ 6 Survey and Staking LS 1 $ $ boo ou SITE 1 — PALM DESERT DRIVE NORTH / DE ANZA / ALESSANDRO Removals — Site 1 LS 1 $ $ w Construct 18" RCP D-2000 LF 130 $ $ bad . Construct 24" RCP D-2000 LF 1,340 $ . 3 `I5 C Construct Manhole per RCFC&WCD EA 7 $ $ 3s-v Standard Drawing MH251 5q l Construct Junction Structure per EA 3 $ $ RCFC&WCD Standard Drawing JS229 1. ZD Construct Concrete Collar per EA 1 $ RCFC&WCD Standard Drawing M803 Construct Catch Basin (W=7') per EA 5 $ $ RCFC&WCD Standard Drawing C13100 rm�$ Modify Existing Catch Basin - Connect EA 1 CB Lateral #0 240 RCP. 05992Q ZS13412A) C-2 revised Construct Local Depression per EA 6 $ $ RCFC&WCD Standard Drawing LD201 ^ (DEC) - 90 Construct Curb and Gutter per Palm LF 80 $ $ Desert Standard Drawing 102 2-7. 1U 2A DO Construct Sidewalk per Palm Desert SF 120 $ $ Standard Drawing 104 Construct Curb Ramp per Riverside EA 1 $ $ County Standard Drawing 403 Case B 1 Construct Cross Gutter per Palm Desert SF 120 Standard Drawing 106 Trench Repair - 5" AC on 8" CAB LF 1,470 $, j $ SITE 2 - SHADOW HILLS ROAD Removals - Site 2 LS 1 $ $ 2 21,671 Construct 18" RCP D-2000 LF 970 $ $ Construct 24" RCP D-2000 LF 100 $ �`� • &e-f Construct 12" HDPE LF 90 $ $ Construct Manhole per RCFC&WCD EA 4 $ $ Standard Drawing MH251 Construct Junction Structure per EA 1 $ $ RCFC&WCD Standard Drawing JS229 Construct Concrete Collar per EA 2 $ $ RCFC&WCD Standard Drawing M803 77(do 90 153 � Construct Catch Basin (W=7') per EA 14 $ $ RCFC&WCD Standard Drawing CB100 58aa Construct Catch Basin (W=7') per 1 $ $ RCFC&WCD Standard Drawing CB101 1291eq `11 9 Construct Local Depression per EA 4 $ $ RCFC&WCD Standard Drawing LD201 ^ Page C-3 Construct Local Depression per EA 1 $ $ RCFC&WCD Standard Drawing LD202 Construct Curb and Gutter per Palm LF 180 $ $ Desert Standard Drawing 102 ' ` -,k 3" . Construct Median Curb per Palm Desert LF 20 $ $ Standard Drawing 103 6-u (P, Q Construct Sidewalk per Palm Desert SF 240 $ $ Standard Drawing 104 2 Construct Curb Ramp per County of EA 1 $ $ Riverside Standard Drawing 403 Case B Construct 5" Asphalt Concrete PG 70-10 SF 29,500 $ $ Trench Repair — 5" AC on 10" CAB LF 70 $ $ 11 a. ` C SITE 3 — MOUNTAIN VIEW Removals — Site 3 LS 1 $ 8�370 12" HDPE w/ Concrete Encasement LF 60 $7 $ �y 3 Sb I U Construct Catch Basin per APWA i EA 2 $ $ Standard Drawing 304-2 — (1 Grate) 5..70- 3u // Construct Local Depression per EA 2 $ $ RCFC&WCD Standard Drawing LD202 _ Underground Stormwater Chambers LS 1 $ $ System per CULTEC Recharger V-8 HD 'l , Gzq-i 1. tx: Restore Existing Improvements — AC, LS 1 $ $ AC Berm, Concrete Driveway, etc... Trench Repair — 5" AC on 8" CAB LF 60 $ SITE 4 — HOVLEY LANE EAST Removals — Site 4 LS 1 $ $ Construct 12" HDPE LF 80 $2Z ; qb $, i z p Page C-4 Construct 10' Concrete Encasement of I EA 18" Water and 24" Reclaimed Water pipe Construct Manhole per RCFC&WCD EA Standard Drawing MH251 Construct Concrete Collar per EA RCFC&WCD Standard Drawing M803 Construct Catch Basin (W=7') per EA RCFC&WCD Standard Drawing CB100 Construct Local Depression per 1 EA RCFC&WCD Standard Drawing LD201 Construct Curb and Gutter per Palm LF Desert Standard Drawing 102 Construct Median Curb per Palm Desert LF Standard Drawing 103 Construct Sidewalk per Palm Desert SF Standard Drawing 104 Trench Repair — 5" AC on 10" CAB LF SITE 5 — SILVER SPUR TRAIL Removals — Site 5 LS Construct 30" RCP D-2000 LF Construct 10' Concrete Encasement of EA Water/Sewer pipe Construct SDMH per RCFC&WCD EA Standard Drawing MH251 Construct SDMH per RCFC&WCD EA Standard Drawing MH254 Construct Concrete Collar per EA RCFC&WCD Standard Drawing M803 Page C-5 2 $ $ 26] 1 �$ $ 1 Is $ 1 $ Is 1 $ $ 20 1 :M 1 1,220 3 0 1 0 $ o,033.1b (P&33 . )0 7(cG .rq) `rk>Q_. SY) 76Z-341-7098 11:10:02 an. 05-06-2011 416 Modified Catch Basin W = 9' per EA 1 $ $ RCFC&WCD Standard Drawing CB100 ISO -1 W5. sill Construct 6" AC Berm per County of LF 1,250 $ Riverside Standard Drawing 212 13. i (), i�5 - Construct Curb and Gutter per Palm LF 1,190 $ $ Desert Standard Drawing 102 Restore Shrubs and Irrigation LS 1 Agmaxi.. $ Construct 5" Asphalt Concrete PG 70-10 SF 19,750 $ TOTAL BASE BID PRICE $ Page C-6 revised U ZC -Li 760-341-7098 11:10:45a.m. 05-06-2011 5/6 The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ 61Lee- , 572 . TOTAL AMOUNT BASE BID IN WORDS hh_rttlultY,jr rj ah+T jab mL-7nn rid . -� v-P NA r�1 rr-pri vi+ - - 1.00 1 a r Cn Bch Cen} TOTAL AMOUNT BASE BID PLUS ALTERNATE #1 IN FIGURES $ q - . D TOTAL AMOUNT BASE BID PLUS ALTERNATE #1 IN WORDS nf_buy-yi- r-o IN WITNESS WHEREOF Page C-1: A Title: State of California } } County ofl proposal as of date set forth on Subscribed and sworn to (or affirmed) before me on this day of (month), SO I (year), by t� proved to me on the basis of safyafacttory ev'den # y be the ers n(s) who appeared before me. �.'�f�'� •t 77 1I,S jti-� 1 Signature of Nota Page C-7 revised D - INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address I �"]tUt Lt t,C- VIQcQ13:�C K.oQd �1,�'���+ � �t��t f t (2) Telephone No. duo) bLt Gj A (3) Type of Firm (Individual, Partnership or Corporation) 0Pf r�r(1 i CXl (4) Corporation organized under the laws of the State of Cal \fbLm _ (5) Contractor's License No. C COq 1 G 5 Exp. Date 11?)l 1 Z.012 Contrac r he 'by -swears under penalty of perjury that this info mation provided is true and cor t. By: .s jjqrkule Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: i'--V \I Qn A/ I is . Dr f's1��1l It& , ) &rrt+ly� J C (7) Number of years' experience as a Contractor in construction work 2 (p (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1. 1 t00_ lc�ocl C71 I Cr4-- 0 F � eT + Hot Sp P� ersen P�ivcl . ii-h Z 32 0 2. �trx� ca*Y0 Ci- e�� 1PU\"m 90 . 'z? 1-43 I ci 323 - Y2S �� C p�tvvl ZG l G, Is(-) 1 - Page D-1 ,Mojs (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: (10) Subcontractor's Name:. if uC_I ire s l,l n hYY ded License Number: 5I q Telephone: Work to be performed: �►'L j�{� }� �c�l �—�i.� i� �' Subcontractor's Name: License Number: 9, 5s � � 5 Address: rn. O. 'X 10/ � YYrnr *lp `ham_ 04. 92,�c Telephone: 4,- Work to be performed: Lj j-b, (- t-fffPy--ROMOS d- 7SdC l,tYI 1(<S Subcontractor's Name: Lond St (rr�Pt�jann jmCoMti jjOnj License Number: �c6 zo Address: C-1It m PA Tel e phone (771 IVQ) `Z` S — 2.Z,-:52 _ Work to be performed: f-)Uf-Y&-U ar ,5+a k i nn List th firm of the proposed work for your (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 (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: iiG License Number:'"( `t LP2- _G(,U Address: Q.� Telephone: \, --� `7 Work to be performed: �r , D 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 (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 E - NON -COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) �WMSI'Hfl) SS COUNTY OF ) being first duly sworn, deposes nd says that he/she i of -T� r n,Il C_ party making the foregoing bid; that the bid is not made in the interest of, or on half 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 y cbNoration, partnership, company, association, organization, bid deposito pr to ary mem r or agent thereof to effectuate a collusive or sham bid. 1 `11, 1, By: Sign Title: CON State of California County of'R\\'r ;ldt' Subscribed and sworn to (or affirmed), before me this �_ day of (month), 20 k� (year), by _ jr u(�n_jp,ZII ,, proved td me on the basis of satisfactory evidence to be theJperson who appeared before me. Signature of Nota Notary Public in and for said County and State t ConMni::wn N 1912726 Notary pow - camon" Page E-1 MWIM0 r M Ca . E ka No+t 8 t 14 , F BIDDER'S BOND To Accompany proposal KNOW ALL MEN BY THESE PRESENTS, That we, TRI-STAR CONTRACTING II, INC. as principal, and INTERNATIONAL FIDELITY INSURANCE -COMPANY as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ Ten Percent* (10% of bid) to be paid to tP. 3 said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of: Mobilization, Traffic Control, Survey and Staking, Sawcut and removal of concrete and asphalt concrete, Trenching, Shoring, Installation of RCP and HDPE, Construction of Manholes, Collars and Junction Strictures, Trench Repair, Installation of curb, curb and gutter, cross gutter, spandrel, sidewalk, AC Berm, and Asphalt Paving, and dated May Is, 2011 is accepted by the City of Palm Desert, and if the above bounden principal TRI-STAR CONTRACTING II, 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. CRemainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Page +'-1 *(10%) of the Total Amount of the Bid r State of COLORADO ) ) ss. County of ARAPAHOE ) On May 18, 2011 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Cynthia M. Burnett known to me to be Attorney -in -Fact of INTERNATIONAL FIDELITY INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, tha day and year stated in this certificate above. My Commission Expires: July 21, 2013 Alexander 6'. Rothey, 'Notary Public Tel (973) 614-7200 POWER. OF, ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint DOUGLAS J. ROTHEY, CYNTHIA M. BURNETT, ERIK ULIBARRI Denver, CO. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3-Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCk COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ���.►I T �N� IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to he affixed by its authorized officer, this 16th day of October, A.D. 2007. O�POJ?�f INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL '� m STATE NEW JERSEY '% 9� S�',,,��� County off Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the (herein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. `ov- `icy 1iAZ yi,+ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, P++y at the City of Newark, New Jersey the day and year first above written. OTA.R�-':i i a A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 18th day of May, 2011 Assistant Secretary ( / CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 '.c:l',c:C:c�l�c:e^c�.;CCY`.c�;c:!',i-:^c�C`rc^.:�C',c��';c ";��. .�•<.:c<':r:!`.c;:r-lr,�:c; ^n^!k.�.� State of California County of 7swera ae J Obefore me,AQl , i1 )c (` '(1c% A Y1 ,i Date f1 Here Insert Name land Title of the Officer personally appeared an lk5 I III 5 _ on IV _/ UbSSAAA HUNTER 10 Commission # 1912726 y4 "� Notary Public - Csliforlda Rtiorside caulty, MY Cam. E ins Nov A 2014 of who proved to me on the basis of satisfactory evidence to be the person(s) whose nameN is/ape subscribed to the within instrument and acknowledged to me that he/sJ%V/tWy executed the same in his/hgWtl*r authorized capacity(i%%� and that by his/Nethair signature(A on the instrument the person( or the entity upon behalf of which the persorL06)r 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. Signattfi e: Place Notary Seal Above 1, Si ature of Notary Public 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 Docutme Title or Type of Document:"il Document Date: - i S — I Number of Pages: 2 Other Than Named Above: Claimed by Signer(s) Signer's Name: 1 1 Corporate Officer — 1 1 Individual 11 Partner—[-] Limited General Top of Ll Attorney in Fact L7 Trustee Ll Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 11 Corporate Officer— Title(s): I I Individual • C_ I Partner — I Limited General Top of thumb here 1_1 Attorney in Fact CJTrre G Guardian ".'Other: Signer Is Representing: 0 2010 National Notary Association - NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Ilem #5907 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4DATE /29/2011rc) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Desert Empire Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. LIC # OF09643 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-564 Country Club Drive Palm Desert, CA 92211 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: QBE Specialty 39217 Tri-Star Contracting II, Inc. INSURER B: Everest National Insurance Comp 10120 Telar, Inc. INSURER c: Travelers Prop & Casu Co of Ame 31194 15-501 Little Morongo Road INsuRERD: Imperium Ins. Co- 35408 Desert Hot Springs, CA 92240 35408 INSURER E: (Kd9d:7rci�i THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NSRADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE MMlDD/YY POLICY EXPIRATION DATE (MM/DDfYYI LIMITS A GENERAL LIABILITY GXG00680 06/26/10 06/26/11 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ncel $50 OOO MED EXP (Any one person) $5 000 CLAIMS MADE F x1 OCCUR PERSONAL & ADV INJURY $1 00O 000 X BI/PD Ded:5,000 GENERAL AGGREGATE s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 POLICY PROJECT LOC D AUTOMOBILE X LIABILITY ANYAUTO DPA550342101 11123/10 11/231l l COMBINED SINGLE LIMIT (Ea accident) $1,,000 000 BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY GX000358 06126/10 06/26/11 EACH OCCURRENCE $2 OOQ OOO X OCCUR ❑ CLAIMS MADE AGGREGATE s2,000,000 $ HDEDUCTIBLE $ X RETENTION $ 10000 B WORKERS COMPENSATION AND 7600005937101 10/01/10 10/01/11 X WC S17MTUjIT OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE - EA EMPLOYEE $1 000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $1,000,000 C OTHER Leas )Rent QT6606072C693TIL11 01/11/11 01/11/12 Limit - $250,000 Spec Form Incl Theft,RC $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job -Contract #C26670A, Project #520-05, Miscellaneous Drainage Project, Palm Desert, CA City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED RREPR ESENTATIVE�f4`IZt 11"A /4' ACORD 25 (2001108) 1 of 2 #S171877/M169065 2DNIE © ACORD CORPORATION 1988 Z. SIESTATRAIL r \ a _� 00 i . / e X, SUN LANEok - �' BUE g2C1�NARROJVTRAIL hFATFB'2TRA1L .rE aQ arr -. a lionvE e: %-< t `t iAx ry Q.' 1,69 C - C1FaFTVIOOD DRIVE- T: N h y tiA � v 9a aK v -- - - DELAWARE PLACE= -- --1 NEHUE 'x� MOUNTAIN VIEW— " I - - �TUCSON � CIRCLE-fn z ;W— ROBIN ROAD r O I2 3'� L.E LAS SRISAS- N CALLE,P /-igGIBRALiP� `..-. Alf� � O U ----SEY PDRIVE --- '� 3 N LL W � ,z. x ' ._ _.._-_HOVLEY-LANE E ----------- 6a<;. - yL gym - '_'-- T, i .ALESSANDRO-DRIVE------- 10, ry W w- D r z _ a W n IMP PR,OJ ECF 520-05 MSC DRAINAGE PROJ F.CT Storm Drain e DATE: Oty Boundary MAY 2010