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C31040A - Construction of Section 29 Retention Basin Repair 627-11
Contract No. C31040A CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C31040A FOR CONSTRUCTION OF THE SECTION 29 RETENTION BASIN REPAIR PROJECT TO KIP, INCORPORATED, OF MURRIETA, CALIFORNIA, IN THE AMOUNT OF $802,311.50 (PROJECT NO. 627-11) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: KIP, Incorporated 25740 Washington Avenue Murrieta, CA 92562 DATE: December 13, 2012 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Award Contract No. C31040A for construction of the Section 29 Retention Basin Repair Project to KIP, Incorporated, of Murrieta, California, in the amount of $802,311.50 (Project No. 627-11); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $80,231.15; 3. Authorize the Mayor to execute agreement; and 4. Appropriate $900,000 from Unobligated Assessment District 2004-02 Fund to project account 469-4350-433-4001. No general funds will be used in this project. Background At the end of 2011, heavy rains caused the collapse of the rip -rap slope at the Section 29 Retention Basin. In July of 2011, Council awarded a contract to Engineering Resources to design the repair and improvements to the Section 29 Retention Basin. The design has been completed and approved by the City and CVWD, and includes a greater capacity to convey the storm water into the basin, the rerouting of a sewer line, and a stronger spillway slope protection. Staff Report Award Contract C31040A to KIP Incorporated. (Project 627-11) Page 2 of 2 December 13, 2012 A call for bids was advertised, and on November 20, 2012, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount KIP, Incorporated Murrieta, CA $ 802,311.50 Simon Construction Indio, CA $ 829,226.50 Genesis Construction Hemet, CA $ 844,777.00 Earth Sculptures Indio, CA $ 894,561.00 Pyramid Building Hesperia, CA $ 976,842.00 Tri-Star Contractors II Desert Hot Springs, CA $1,009.796.00 ECM Garden Grove, CA $1,223,513.00 MOCON Construction Indio, CA $1,331,538.00 KIP, Incorporated, submitted the lowest responsive bid (7 percent more than the engineer's estimate of $750,000). An appropriation of $900,000 will be necessary for this project. The appropriation exceeds the construction contract and contingency by over $17,000. The remaining appropriation will be necessary for soils and materials testing for the project. Upon award of this contract, the following is the anticipated timeline for the project. The contract will be fully executed by December 27, 2012. Construction will commence January 2, 2013. The contract duration for this project is sixty days, so project completion is expected to be March 3, 2013. Fiscal Analysis The funding of the project will come from accounts set aside for the construction of the retention basin, and no General Funds will be used on the project. This project will repair an existing facility, so there is no fiscal impact beyond the contract amount. Pry ed Depa Aj Ry;V Gayle , pproject Administrator Paul S. Gibson, Director of Finance City Manager pMark G e nwood, P.E. CITY �� Pu icONorks APPROVED DENIED RECEIVED OTHER Original on File with City Gierk's Office AGREEMENT THIS AGREEMENT is made and entered into this 13t" day of December, 2012, by and between City of Palm Desert, California, hereafter called "CITY" and KIP, Incorporated hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, SECTION 29 RETENTION BASIN REPAIR, PROJECT NO. 627-11, CONTRACT NO. C31040A, 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) Addendum No. 1; (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 60 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: BY: Signature to be notarized TITLE: CITY: M. 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 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) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to KIP. Incorporated hereinafter designated as the "Principal", a contract for: SECTION 29 RETENTION BASIN REPAIR PROJECT NO. 627-11 CONTRACT NO. C31040A 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, KIP, Incorporated 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 Eight Hundred Two Thousand Three Hundred Eleven and Fifty Cents Dollars ($802.311.50), 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 INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) AR before me, PRINCIPAL M 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 KIP. Incorporated (hereinafter designated as the "CONTRACTOR"), an agreement dated December 13, 2012 described as follows: SECTION 29 RETENTION BASIN REPAIRS, PROJECT NO. 627-11, CONTRACT NO. C31040A, (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, KIP. Incorporated 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 Eight Hundred Two Thousand Three Hundred Eleven and Fifty Cents Dollars ($802.311.50), 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 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) Acknowledgment State of California ) County of ) On personally appeared before me, , 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 SECTION 29 RETENTION BASIN REPAIR PROJECT NO.627-11 CONTRACT NO. C31040A TO: CITY OF PALM DESERT, "CITY" DATE: November 20, 2012 BIDDER: KIP, Incorporated "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, SECTION 29 RETENTION BASIN REPAIR, PROJECT NO. 627-11, CONTRACT NO. C31040A, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda NO(S). Addendum No 1 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 i ME 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 Removal of Water Including Labor, Equipment, Materials & Operations (F) LS 1 $ 25,000 $ 25,000 3. Survey and Staking LS 1 $ $ , y OOU 4. Clearing and Grubbing LS 1 $ oQ $ 00 5. Excavation LS 1 $�p0 $ 6. Slurry fill existing 12-inch VCP Sewer LF 242 $ goa $ %400 7. Backfill and Embankment LS 1 $ 3s, coo"- $ 35 00017 8' 1-Ton Grouted Rip -Rap Toe Protection (F ) LS 1 9 Construct Concrete Channel Lining LS 1 $ $ Per RCFC&WCD Std. No. CH326 .� 5��7aa-o 10. Construct Concrete Cutoff Wall Per "B" "D" LS 1 $ $ Detail and Drawing Sheet 4 76 11. Construct Concrete Slope Anchor, per "C" LS 1 $23,0Oa•° $;2-: Detail Drawing Sheet 000*' 12 Construct 12-inch Thick Concrete LS 1 $ $ Spillway and Slope Protection, NUuv 13. Construct Cast -In -Place Concrete EA 1 $ Wingwall, Per Caltrans Std. No. D84 a IO�JDOj r Construct Junction Structure No. 7, 14. Per RCFC&WCD Std No. JS232 EA 1 $C'`S�©°° (Modified) Page C-2 N I 15. Construct 5-foot x 4-foot Precast Reinforced Concrete Box LF 74 $ �50•r •a $q9' 100 16. Remove, Salvage and Replace 6-foot LF 336 $ $ Wrought Iron Fence pb, �D 4g +l r 17. Erosion Control Mat SY 445 $ oo $ e- 90102-S 18. Geo-textile Slope Reinforcement SY 345 $ I D ,o_ $ 3�0 21 sa 19. Construct 12-inch VCP Sewer Main LF 475 $ too $ 20. Construct Cast -in -Place manhole, per CVWD Std No. S-5 EA 4 $ 411 o o °; $ � �l� 1 coo o 21 Construct 30-inch Steel Casing; 3/8- inch Thick LF 112 $ 5 °° $a q11 Construct Sloped 22 Barrier Protection, EA 2 $ $ Per APWA Std No. 360-2006' 3�000'� 23 Sewer Bypass System LS 1 $ •y $ tla r ��-- f TOTAL BID PRICE $ eat ��l Page C-3 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 $ TOTAL AMOUNT BASE BID IN WORDS re Ar6e e veo Villa r Gq IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By: Sign a reg D Quiring Title: President CONTRACTOR State of California ) Riverside ) County of ) Subscribed and sworn to (or affirmed) before me on this 20th day of November (month), 2012 (year), by Greg D. Quiring proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) uoFr�e KAREN ANN VILLARREALI n COMM, #1836232 NOTARY PUBLIC-CA,.IFORNIA RIVERSIDE C(, IJNTY ^' sal," My Conim Exp FES 13, 2013 Page C-4 I I M D -INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address 25740 Washington Avenue, Murrieta, CA 92562 (2) Telephone No. (951) 698-7890 (3) Type of Firm (Individual, Partnership or Corporation) Corporation (4) Corporation organized under the laws of the State of California (5) Contractor's License No. 344224 A Exp. Date April 30, 2013 Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: Title: President Sio p6tiure qGg D. Quiring Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Greg D. Quiring President Michael C. Kennedy Vice President Jill C. Christopher Secretary / Treasurer (7) Number of years' experience as a Contractor in construction work 35 Years (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Tele hone No. of Owner 1. Desert Sands USD (760 $1,014,763.00 Grading & February 2012 47-950 Dune Palms Rd. Slope Paving La Quinta, CA 92253 2. Installation CVWD (760)398-2661 $2,482,850.00 of Concrete May 2011 PO Box 1058 Slope Paving Coachella, CA 92236 3. Bridge Widen ng City of Cathedral City $2,853,801.00 Traffic Sign Installation Ly 2010 68700 Avenida Lalo G Cathedral Slope Paving Page D-1 771 -851 8 ue rero City, CA 922 4 (760) 250-8208 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: i Subcontractor's Name: License N Address: febGL Telephone: Work to be performed: 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 T; :,,,.,., (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 - NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the President of KIP, Incorporated 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 November 16 2012 at Murrieta California City State By: Greg Q ring Sig ature Title: President CONTRACTOR Page E-1 F — BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, Thatwe, KIP, Incorporated as principal, and The Ohio Casualty Insurance Company � as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 10$ of total bill0% 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 severalty, 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: Section 29 Retention Basin Repair Project No. 62741 Contract No. C31040A The general Items of work to be completed hereunder consist of: Mobilization; Trench Safety; Removal of existing Improvements; excavation and embankment; protection of existing utilities; sewer bypass systems; construction of cast -in -place sewer manholes; construction of 124nch VCP sewer main; abandonment of existing 12-Inch VCP sewer main, construction of cast -In -place concrete spillway, slope protection and headwalls; construction of 5-foot x 4-foot precast reinforced box and junction structures; and, replacement of existing improvements as shown on the plans and per these specifications and dated 11 / 2 0 / 12 Is accepted by the City of Palm Desert, and if the above bounden principal KIP, Incorporated shalt 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 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 16th _-day of November 20 12 . Contractor's Name: KIP, Incorporated Contractor's Signature: Title: President Address: 25740 Washington Ave. Murrieta, CA 92562 Telephone: 9 51- 6 9 8- 7 8 9 0 ext 212 Surety's The Ohio Casualty Insurance Company Surety's Signature: Robert W. Lagler Title: Attorney -In -Fact Address: 16505 SW 72nd Ave. Bldg. F Portland, OR 97224 Telephone: 503-534-4264 Acknowledgment State of 6gpRWW Washington) Clark County of 1 On 11/16/12 beforeme, Bonnie M. Riddle personally appeared Robert W . Lagler , 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(les), 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 paragr is true and ect. WITNESS my hand and official seal. Signature tgaall...ww.■r.. Bonnie M. Riddle Notar'y1fYbillt State of wtoo Page F-2 BONNIE M. RIDDLE MY COMMISSION EXPIRES SEPTEMIWR 14,200 br 0 a d aN CD Y � Q r_ cc >3 � L tM C1 y O L > d _ dM .'O .y O so 0 d L Rd � d E O ` fl v a > ` O L Z v THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5109393 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. THE OHIO CASUALTY INSURANCE COMPANY FAIRFIELD, OHIO POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company (the "Company"), an Ohio corporation, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint ROBERT W. LAGLER, BONNIE RIDDLE, ANNA E. FRESE, WANADA J. BROUSE, ALL OF THE CITY OF VANCOVER, STATE OF WASHINGTON...................................................................................................... , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND OOH00""""'""'.."".•"""•"•`••'".•.'•"•""............ ......•• DOLLARS ($ 50,000,000.00"'-**-'*—'*—*'*****"**** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bond, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. By the following instrument the Chairman or the President has authorized the officer or other official named therein to appoint attomeys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of The Ohio Casualty Insurance Company, is hereby authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of The Ohio Casualty Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania, this 24th day of January 2012 THE OHIO CASUALTY INSURANCE COMPANY By David M. Carey, Agaistant Secretary COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY On this 24th day of January , 2012 , before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that he is an Assistant Secretary of The Ohio Casualty Insurance Company; that he knows the seal of said corporation, and that he executed the above Power of Attorney and affixed the corporate seal of The Ohio Casualty Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF,',.(bave heereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. By Teresa Pastella, Notary Public CERTIFICATE I, the undersigned, Assistant ,66retary t f.The Ohio Casualty Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, s'Th'11ilf force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article IV, Section 12 of the By -Laws of The Ohio Casualty Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company at a meeting duly called and held on the 151' day of February, 2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this hlorm day of AJWe.m.Per , aux . Gregory W. Davenport, Assistant Secretary California All Purpose Certificate of Acknowledgment State of CALIFORNIA ss. County of RIVERSIDE On NOVEMBER 19, 2012 before me, KAREN ANN VILLARREAL NOTARY PUBLIC , Date (Title) personally appeared GREG D. QUIRING who proved to me Names(s) of Signers) 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. �SEPYOF r> KAREN ANN VILLARREAL COMM. #1836232 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA rnRIVERSIDE l` +c F A * My Comm Exp rFr1NTY 1 2013 ^' `I LL[ r. (SEAL) Signature ofNotary Public OPTIONAL Though the information requested below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ Individual(s) DOCUMENT Corporate(s) Officer(s) Greg D. Quiring Bidder's Bond, Section 29, Palm Desert Title or Type of Document President 2 (Titles) Number of Pages ❑ LLC Officer(s) November 16, 2012 Date of Docment (Titles) Partner ❑ Limited ❑ General Attorney -in -Fact Trustee(s) Guard ian/Conservator Other: SIGNER IS REPRESENTING: (Name of persons or entities) KIP, Incorporated Signers(s) Other than Named Above UndAck.02-WA010808 -341-7098 03:44:04 p.m. 11-15-2012 1/5 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 1 SECTION 29 RETENTION BASIN REPAIR PROJECT PROJECT NO.627-11 CONTRACT NO. C31040A ISSUED November 15, 2012 BO CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL 760-341.7098 03:44:20 p.m. 11-15-2012 2 /5 This addendum changes the following items for the project bid documents for the above referenced project: Attached is the sign -in sheet for the pre -bid meeting for the Section 29 Retention Basin Repair Project. The following questions were received regarding the plans and specifications: 1. What is the Engineers Estimate? Answer: $750,000. 2. Can 4500 Shotcrete be used for the Channel Lining, Parapet Walls, Slope Anchors, Spillway, and Slope Protection? Answer: No: Use the specified material. 3. Is there a plan that shows the key excavation and/or backcut for the basin slope repair? if not, what are the dimensions of the key width, removal depth, slope backcut, and gradient of the backcut? Answer: Attached Is Standard Grading Detail (Figure 4). The contractor shall download and review the complete Geotechnical Investigation Report from the City website. http://www.cityofpalmdesert.org/index.aspx?r-ecordid=643&page=26 4. Is all or any of this work subject to prevailing wage? Answer: No. 5. On Page 68 of the specifications, the second paragraph of Section 2.8.10 refers to timber sheeting and jetted backfill. Where is this to be used? Answer: Eliminate the second paragraph of section 2.8.10 from the specification. 6. What is the anticipated start date for the project? Answer: The beginning of January 2013. 760-341-7098 03:44:40p.m. 11-15-2012 3/5 Section 29 Retention Basin Repair Project Project PRE -BID MEETING SIGN -IN SHEET -- — -- November-13,2012 — _ -- (Please Print Clearly) C NAME ADDRESS PHONE E-Mail Ryan GayI City of Palm Desert 760-776-6393 rgayier@cityofpalmdesert.org Cora Gaugu h City of Palm Desert 760-776-6450 cgaugush@cityofpalmdesert.org Mike Brown City of Palm Desert 760-776-6450 mbrown@cityofpalmdesert.org Ron Tucke City of Palm Desert .760-776-6450 rtucker@cityofpalmdesert.org 'fie R z e mo/"lce, Plr 1-7o -9: 04NJ t Am. y5l _ �bE,►rnafln enesiJ n s s Car�sF►�c� f q'? . C,A.f . I'1 V2 5 �cAc+i B�T�o �Cb0 14uc t Otio C to g22P1 � � �S eb 0-e 1.) c4 (F k-c . co k4 uJ4 A �� p�ob v►z �r r ow 9� s+K 5�7zs-j°b" 1'yt o rr o c.tJ,� �►�I o co r� VV16tbK Gore i .io fS�'s+'t E.M,rC. � Co (.1� earn 1 /17 Za t Al lr,i*fn 2 ce �l ./�/it' • G C� � ll% .�� S % UA- ,T'-.~�'<���� sisi i.'�'1,. �1• Cu,N�`�Q.Fctl �� I " "� `�'•��� rC��'V'`fi . G�►'"'�. 101P 0 1 ( � 10M r-) `` Cs' i u� � Gl `- (' �Uo� PV Arvid )* Id I I q ao (. cDr►J i60�J 760-341-7098 03:45:10 p.m. 11-15-2012 4 /5 Section 29 Retention Basin Repair Project Project' &A 7— j' PRE -BID MEETING SIGN -IN SHEET --N.oxemher-.3,Z6il"t-.,-- -..--- — — _ -- -- -- (Please Print Clearly) NAME ADDRESS PHONE E-Mail F6) (76 MA s C h o om J0 S W )95G d tZ 2 b cC,&k . C4 nl'[�GrlGtinl Cr I AL o wi Z7.CsZ j a �ssLe�a s vPer-� a r w1. °5 c e ?d L676 �oiKgo (gip ��2'ar Cora r�5 Z Z .SSTcoN r1T 01I4-ii INDVO FI t?loa) c,.J. hv"iZ. 1 NrV 1 o Ga '97-20 "? 75"-767o A V-t. GctN s-f . cam Z x�-cp s� f 6>, �w �rroue C.ry y) g�7 - `/-I etcw, y r�s (9 4i66 C.c.�r�h �4v� �+j- z3q-gam, j 4G �'nG@ ylv�a ► ,c eA &*vwocA g23 4.6 f n�a�,�4►e „�a+.chwr p, cs� ryurt7 o s rtee4 bo- (6r7 I) 0 3) �nlP, Grimm +� 7 "i �� ►�i��7� �W`'<G�--- ^' ► N 64, Z54 -74vo -715— -p-; ui'r - C'EGF�ia� �' ��, �c .. day OLW i w� 3h-lEz�t� C�%r� t�. GcC� C1AhbWarbfPR01Ef'fs W-11 S=6=29 Masai m Bain Rquii**-b d siaN-Di swET.&c 760-341-7098 03:45:38 p.m. 11-15-2012 5/5 STANDARD GRADING DETAIL FIGURE ftogg Nu"6w. W-111V 4 ROPM Numbs 11-09-224 8 Bn ne Dato November 29, 2MI Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS Contractors State License Board Contractor's License Detail - License # 344224 DISCLAIMER: A license status check provides information taken from theCSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (BAP 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure WII appear below Click on the link or button to obtain complaint and/or legal action information. 3} Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 344224 Extract Date 11/20/2012 KIP INCORPORATED Business In Business Phone Number: (951) 698-7890 25740 WASHINGTON AVENUE MURRIETA, CA 92562 Entity Corporation Issue Date 09/26/1977 Expire Date 04/30/2013 ACTIVE License Status This license is current and active. All information below should be reviewed. PENDING DISCIPLINARY ACTION Disciplinary action is pending against this licensee in the form of a citation. For further Additional Information information, please call: (562) 345-7656 . Click here for Complaint Disclosurg information. CLASS DESCRIPTION Classifications A GENERAL ENGINEERING CONTRACTOR Bonding CONTRACTOR'S BOND This license filed a Contractor's Bond with TRAVELERS QASUALTY AND SURETY COMPANY OF AMERIC Bond Number: 103755286 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. https://www2.cslb.ca.gov/OnHneServices/CheckLicenseIIlLicenseDetail.aspx?LicNum=3... 11 /20/2012 Check a License - License Detail - Contractors State License Board Page 2 of 2 The Responsible Managing Officer (RMO) QUIRING GREG DAVID certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 02/22/2007 WORKERS' COMPENSATION This license has workers compensation insurance with OLD REPUBLIC INSURANCE COMPANY Workers' Compensation Policy Number: AlCW92711203 Effective Date: 07/15/2012 Expire Date: 07/15/2013 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List I Other Licenses I Complaint Disclosure Conditions of Use ( Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnhneServicesICheckLicenselllLicenseDetail.aspx?LicNum=3... 11 /20/2012 Company Profile http://interactive.web.insurance.ca.gov/companyprofilelcompanyprof... Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information OHIO CASUALTY INSURANCE COMPANY (THE) 175 BERKELEY STREET BOSTON, MA 02116 Old Company Names Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO CA 95833-3505 Reference Information Effective Date 1NAIC #: 24074 California Company ID #: 5133-4 Date Authorized in California: lu17/2008 License Status: UNLIMITED -NORMAL Company Type: 'T Property & Casualty State of Domicile: i OHIO back to top NAIC Group List NAIC Group #: 0111 LIBERTY MUT GRP Lines Of Business The company is authorized to transact business within these lines of Insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION back to top 1 of 2 11/20/2012 3:22 PM Company Profile http://interactive.web.insurance.ca.gov/companyprofile/companyprof... © 2008 California Department of Insurance 2 of 2 11/20/2012 3:22 PM ,. . Retention fr �. + � � ram..- � � •' � r � � Locator Map Date: 5/2011 Emmil ML�rq e VICINITY MAP