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HomeMy WebLinkAboutC31420 Citywide Drywell Removal 500-12Contract No. C31420 CITY OF PALM DESERT - PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C31420 FOR CONSTRUCTION OF THE CITYWIDE DRYWELL REMOVAL PROJECT TO SIMON CONTRACTING OF INDIO, CALIFORNIA, IN THE AMOUNT OF $38,110.00 (PROJECT NO. 500-12) SUBMITTED BY CONTRACTOR DATE: CONTENTS Recommendation Mark Greenwood, P.E., Director of Public Works Simon Contracting P.O. Box 10990 Indio, CA 92202 April 12, 2012 Contract Agreement Contractor's Proposal Location Map By Minute Motion: 1. Award Contract No. C31420 for construction of the Citywide Drywell Removal Project to Simon Contracting of Indio, California, in the amount of $38,110.00 (Project No. 500-12); 2. Authorize the Director of Finance to set aside an additional 10 percent contingency in the total amount of $3,811.00; and 3. Authorize the Mayor to execute the subject agreement. Funding is available for this project in General Fund Account No. 420-4291-433-4001, Drainage / Nuisance Water Mitigation Acount. Background A drywell is an underground structure that disposes of unwanted water, most commonly nuisance water, by dissipating it into the ground where it merges with the local groundwater. A drywell will continue to function properly as long as the unwanted water will infiltrate the soil. There are numerous drywells within the City of Palm Desert that Staff Report Award Contract C31420 to Simon Contracting (Project 500-12) April 12, 2012 Page 2 of 2 no longer provide the required drainage capacity to function properly. When this happens, water begins to pond on the roadway causing premature failure of the roadway, potential mosquito breeding, and a maintenance problem. Staff has identified 8 drywells that have exceed their useful lifespan and present a continual maintenance problem while providing no useful functions (see attached map). The maintenance of these drywells requires the frequent cleaning and the effluent is considered to be hazardous material. The City advertised the project for bids, and on March 28, 2012, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount Simon Contracting Indio, CA $38,110.00 O'Connell Eng. & Const. Winchester, CA $43,672.50 Dateland Construction Co. Indio, CA $46,585.00 Doug Wall Construction Bermuda Dunes, CA $69,125.00 Atom Engineering Hemet, CA $77,777.00 Simon Contracting submitted the lowest responsive bid in the amount of $38,110.00. The bid came in approximately 5 percent lower than the engineer's estimate. Fiscal Analysis With the removal of the drywell it will eliminate maintenance work at that location, thereby reducing expenses. Prepared By: Rya TaylerU, Troject Administrator ga4�� Paul S. Gibson, Director of Finance Wohlmuth, City Manager Depa Mark Gr n ood, P.E. Director fF ublic Works CITY COUNCIL ACTION APPROVED V� RECEIVED O'I'il VIt, MEETING DATE /,2 - -�� C/1 ------- AYES: :r.1: . G] Cl r/1 i K. NOES: ABSENT: ABSTAIN: Ll rA (! ,_. --__ VERIFIED BY: --7,7717,If �— Original on File with City Clerk's d'lice AGREEMENT THIS AGREEMENT is made and entered into this 12t" day of April, 2012, by and between City of Palm Desert, California, hereafter called "CITY" and Simon Contracting hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. CITYWIDE DRYWELL REMOVAL, PROJECT NO. 500-12, CONTRACT NO. C31420, 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: 1. 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, Q) 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. 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 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 State of California County of Riverside CITY ACKNOWLEDGMENT ) SS. (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) A - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Simon Contracting hereinafter designated as the "Principal", a contract for: CITYWIDE DRYWELL REMOVAL PROJECT NO. 500-12 CONTRACT NO. C31420 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, Simon Contractinq 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 Thirty -Eight Thousand One Hundred Ten and no cents Dollars ($38,110.00), 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. 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 AN INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California County of On before me, PRINCIPAL WA 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) B - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Simon Contracting (hereinafter designated as the "CONTRACTOR"), an agreement dated April 12, 2012 described as follows: CITYWIDE DRYWELL REMOVAL, PROJECT NO. 500-12, CONTRACT NO. C31420, (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, Simon Contracting 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 Thirty -Eight Thousand One Hundred Ten and no cents Dollars ($38,110.00), 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. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) (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) State of California County of On Acknowledgment before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 0 C -CONTRACTOR'S PROPOSAL CITYWIDE DRYWELL REMOVAL PROJECT NO. 500-12 CONTRACT NO. C31420 TO: CITY OF PALM DESERT, "CITY" DATE: MARCH 28, 2012 SUPERIOR READY MIX CONCRETE, L.P. BIDDER: dba SIMON CONTRACTING `CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the, CITYWIDE DRYWELL REMOVAL, PROJECT NO. 500-12, CONTRACT NO. C31420, 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: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall' be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the 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 Mobilization LS 1 $ $ 2 Traffic Control LS 1 $ $ 2 7tY `c ,Z, 7,ne c 3 Clear and Grub LS 1 $ $ '-i;3CC,ao 4, 3nn,Cp 4 Curb and Gutter (Type 1) LF 30 $ $ Coz,ot� ,, 5Lob, e c 5 Rolled Curb LF 125 $ 3Z.cc $ { atn,00 6 4" PCC sidewalk SF 500 $ $ 6.00 z, 560 ,- 0 7 Remove Inlet! Drywell EA 8 $ $ %9; Z,gco.ao LOD,or 8 Restore Irrigation and Landscape LS 1 $ $ t3oo �� 9co,oa TOTAL BID PRICE $ '2 ' Page C-2 11 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 $ 36 1 1 O � GCS TOTAL AMOUNT BASE BID IN WORDS (H 12.` I _E, vHTAvil ©usr1�1� Coe cv IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: 7 Signat re JON M. ROESSLER Title: CONSTRUCTION MANAGER CONTRACTOR State of California ) County of ) Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary � Page C-3 (Seal of Notary) CALIFORNIA JURAT WITH AFFIANT STATEMENT i i See Attached Document (Notary to cross out lines 1-6 below) I_ i See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of Riverside ORTIZ Comom missioissio n #r 1873838 .� Notary Public -California v z Riverside County z My Comm. Expires Jan 16, 2 ;4 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 27th day of March , 20 12 , by Date Month Year (1) Jon M. Roessler Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature - d Signalfii re of Notary u 'c 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. Further Description of Any Attached Document Title or Type of Document: CONTRACTOR'S PROPSAL Document Date: _MARCH 28,2012 _ _ Number of Pages: -___ Two Signer(s) Other Than Named Above: _-__ None _---- RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 .• .Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notary.org (tern #5910 Reorder: Call Toll -Free 1-800-876-6827 ■ D - INFORMATION REQ UIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address P.O. BOX 10990, INDIO. CA 92202 _ (2) Telephone No. 760-347-5399 (3) Type of Firm (Individual, Partnership or Corporation) PARTN (4) Corporation organized under the laws of the State of CALIFORNIA (5) Contractor's License No. 892995 Exp. Date 03/31/207 3 Contractor hereby swears under penalty of perjury that this information provided is true and correct. By. n-1 �ti 1 '' e-e.L., Title:- _ CONSTRITCTTON MANAGER Signature JON M. ROESSLER Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: r D I J. BROUWER INVESTMENTS, INC. SOLE GENERAL PARTNER JBCHC LIMITED PARTNERSHIP LIMITED PARTNER MCC DEVELOPMENT CORPORATION LIMITED PARTNER (7) Number of years' experience as a Contractor in construction work 36. 8 List at least three () similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1. 177,200 A 03/2011 CITY OF RANCHO MIRAGE 760-770-3224 2. 2,112,700 A 06/2011 PSUSD 760-416-6112 3. 406,017 A 12/2012 ETHOS COMPANIES 760-578-4505 Page D-1 M (9) Pursuant to California Public ContractingCode, Section 4100 et. Se the q, following list gives the name business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The Bidder shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of .r, one-half of one percent of the prime's bid. T Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Percent of Work: SIMON CONTRACTING Name of Bidder Signature of Bidder Page D-2 0 � , - ■ 7 t n 11 (10) List the name of the person who inspected the site of the proposed work for your firm JON M. ROESSLER (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 0-3 a 9 E -NON-COLLUSION DECLARATION 0 To be Executed by Bidder and Submitted with Bid The undersigned declares: 1 am the CONSTRUCTION MANAGER Of SIMON CONTRACTING the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on MARCH 28 , 20 14 at INDIO CA City State By: q -'J J JON M. ROESSLER Signature Title: CONSTRUCTION MANAGER CONTRACTOR Page E-1 I -- BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Superior Ready MixConcreteL.P. dba Simon Contracting as principal, and _ M r �g f gmp_g y _ as surety, are hold and firmly bound unto the City of Palm Desert in the sum of STen Percent of Bid (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, fitmly by these.presents. THE CQNDITION Ol~ THIS OBLIGATION 1S SUCH, tihat if the certain proposal of the above'bouhden principal to perform;certain'work described as fellows: CITYWIDE DRYVVtLL REMOVAL Project NoAGO-12 Contract No.C31420 The general items of work to be done hereunder consist of: mobilization; clearing and grubbirig; grading for flow line improvements; curb and gutter; sidewalk; asphalt concrete,pavement; removal of PCC, asphalt concrete pavement, and aggregate base in deteriorated areas (unclassified excavation); landscaping and Irrigation retrofit; and instwilation and mainteinanc of traffic 666trol devices regbired during construction of the Improvements and all appurtenant work -as requir®d by the plans and gpecificabOns. and dated. March zs 2012 is accepted by the City of Palm Desert, and:lf the 916ove boUmdon prfrlo pal �,��inr Gerd hlIx canttmm 1,12- Q'Moncontracung._ shelV duly enter into and execute a :contract for such construction, :and shall execute and deliver the Performance Bond and Payment B-4nd and insurance certificates as required by said contract, ' then ails obligation shall becohie null and Void, otherwise it shalt be and remain in full force and effect. Should it become necessary for the City to institute a fawsuit, or any other legal proceeding to anfores the terms and coodltlmsi of this bond, then ell Costs of said proceeding, including attorneys 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 IN VVITNE8S 'WHEREOF, We herednto set our Hands and Seats this of _. I MAKX- 2012 220d day Contracto?s Name: Contractors Signaturi Tide: -Address: M111—on Lo#d j194104 CA 9Z Telephone: Surety's 'rifle: Keitheft E. Clents Add it. t8 -201 U MesT,A - 91947 -TelePh One! A0_0.822.3666­_ Ad- knowledgment Mate of taliforhia County of. 11 SEE ATTACHED , * On before me, i personally appeared vft prov*d -to 'me on the basis of satisfactory evidence to be the petson(O'Whose names) 4*9 subscribed to the within instrument and acknowledged to'rhe'that 116/sheAhey executed this same In hishie0their iiuthdrlzed c4oacity(les), and thet"'by hisMer/theIr sIgn.ature(s) on the instrument the persoh(s), or the entity vpor("behalf of Which the person(s) acted; executed the instrument. I oertify under PENA -OF PERJURY under the laws of the State Of California that the foregoing paragra is true and correct. WITNESS my hand sand 'official seal. Signature (Seal) Page F*-_2 ACKNOWLEDGMENT State of California County of San Diego On March 22, 2012 before me, Di na Kelly, Notary Public, personally appeared Keith E. Clements who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/heM4& authorized capacity(ies), and that by his/hen4hei signature(&) on the instrument the person(s) or the entity upon behalf of which the person( -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. OFFICIAL SEAL ' DIANA KELLY NOTARY PUBLIC-CALIFORNIA a MM. NO. 1917415 SAON DIEGO COUNTY MY COMM. EXP. DEC.17 2014 WITNESS my hand and official seal. KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Keith E. Clements, La Mesa, Ca each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Four Million and no/100 Dollars S4,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeye-in•fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contraots of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the J-1 day of August , 2M• Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property Casualty Insurance Company, Depositors Insurance '��1�i•' and and Company ACKNOWLEDGMENT 1%too. ` STATE OF IOWA, COUNTY OF POLK: ss On this j 1'" day of August, 2009, before me came the above -named officer for the Companies aforesaid, to Se �' g $ me personally known to be the officer described in and who executed the precedinginstrument, and he 'i.17: `� acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the ;4�►� officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, IS and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the 40s �+a+ ,0r'.�aar'rgr� authority and direction of said Companies. IV . • a SEAL s / BEALy sea ��t' . ',/ r.er.`w '.w rrw«.w:nY•.`s'ro.. NOlary PUbIIC My Commission Expires CERTIFICATE March 24, 2014 1, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner•, that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 22nd day of March , 20 12 . Secretary This Power of Attorney Expires 08/11/2012 BDJ 1 (08/09) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cc. ccra^^cr czrt�1�^f rncY"cF&erC ^tzef c� e< wry State of California County of RIVERSIDE, On 03 / 27 / 12 before me, IRENE ORTIZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer —' personally appeared JON M. ROESSLER Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(k) whose name(m�is/are subscribed to the within instrument and acknowledged to me that IRENE ORTIZ he/sheAbey executed the same in his/#er�tlaeir authorized ja Commission 187383i Public -California D capacity(ies), and that by his/her heir signature(s) on the i_� Notary Riverside County instrument the person(), or the entity upon behalf of Z My Comm. Expires Jan 16, 2014 which the person(`W 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 m hand and off icia seal. Signat Z=-� Place Notary Seal Above - Signature of Not blic OPTIONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BIDDER'S BOND Document Date: 3/28/2012 Number of Pages: TWO Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: JON M. ROESSLER _ LX Individual t I Corporate Officer — Title(s): U Partner — 1-1 Limited ❑ General L 1 Attorney in Fact - • Trustee Top of thumb here ,J Guardian or Conservator 11 Other: Signer Is Representing: Signer's Name: CJ Individual El Corporate Officer — Title(s): _ U Partner — El Limited ❑ General U Attorney in Fact C) Trustee E1 Guardian or Conservator E1 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313.2402 • www.NationaiNotaryorg Item #5907 Reorder. Call Toll -Free 1-800-876-6827 SUPERIOR READY MIX CONCRETE L.P. DBA SIMON CONTRACTING 1508 W . MISSION ROAD ESCON D I DO, CA 92029 (760) 745-0556, (760) 740-9556 ( fax) December 20, 2010 TO WHOM IT MAY CONCERN This letter confirms that the following individuals are authorized to execute bids, contract documents and other documents on behalf of Simon Contracting, a division of Superior Ready Mix Concrete L.P. Jeff Herrington Jon Roessler Roger Wallentine Superior Ready Mix Concrete L.P. By: Its general partner, J. Brouwer Investments, Inc. By: Arnold Veldkamp, Secretary __VIA-tA NTAN OVLEY LN• tt Oo oH U 4 -----r—LESLI&AVI 2 w �U 33 .� 0 TOLINA-'w DR CIR CIR $ - MYRSINE AVE Q _DAYLIL-Y- WATEREIL-Y'w CIR OR a AZTEC-RGi �MOSS ROSE -DR--) , ! I e Q 4U VIA AMORMIO'0 CACHANILLA D i U.! 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