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HomeMy WebLinkAboutC31440 2012 Citywide Slurry Seal 751-12Contract No. C31440 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C31440 FOR CONSTRUCTION OF THE 2012 CITYWIDE SLURRY SEAL PROJECT TO ROY ALLAN SLURRY SEAL, INC. OF SANTA FE SPRINGS, CALIFORNIA, IN THE AMOUNT OF $928,409 (PROJECT NO. 751-12) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 DATE: February 23, 2012 CONTENTS: Contract Agreement Contractor's Proposal List of Locations Location Map Recommendation By Minute Motion: 1. Award Contract No. C31440 for construction of the 2012 Citywide Slurry Seal Project to Roy Allan Slurry Seal, Inc. of Santa Fe Springs, California, in the amount of $928,409 (Project No. 751-12); 2. Authorize the Director of Finance to set aside an additional 10 percent contingency in the total amount of $92,840.90; and 3. Authorize the Mayor to execute the subject agreement. Funding is available for this project in General Fund Account No. 110-4311-433-3320, Street Maintenance. Background The 2012 Citywide Slurry Seal Program will use rubberized slurry seal to coat various streets within Palm Desert. The rubberized slurry has an elastic quality that prolongs street life longer than conventional slurry. The areas to be slurried this year were Staff Report Award Contract C31440 to Roy Allan Slurry Seal, Inc. (Project 751-12) February 23, 2012 Page 2 of 2 selected based upon their need and the pavement condition index ranking. The project area includes the Palma Village neighborhood between Fred Waring Drive and Highway 111, the neighborhood near Ironwood Park, and two major arterials (see the location map). The project was advertised and contractors were encouraged to submit bids. At the January 17, 2012, bid opening, five contractors submitted bids. The bid summary is below: Contractor Location Bid Amount Roy Allan Slurry Seal Santa Fe Springs, CA $ 928,409 American Asphalt South, Inc. Fontana, CA $ 971,625 Pavement Coatings Company Mira Loma, CA $1,049,500 Doug Martin Contracting La Habra, CA $1,092,025 Intermountain Slurry Seal Sacramento, CA $1,101,300 Roy Allan Slurry Seal submitted the lowest responsive bid in the amount of $928,409. The bid was slightly higher than the engineer's estimate, but still a good value. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Funding is available for this project in General Fund Account No. 110-4311- 433-3320, Street Maintenance. ect Administrator Paul S. Gibson, Director of Finance Approval: J96M. Wohlmuth, City Manager Departme Mark Grebnv/ood, P.E. Director of Public Works CITY COUNCIL AC MN APPROVED ✓✓ DENTED RECEIVED OTHER MEETI DATA , 0! AV I"aim f ! NOES: Arne ABSENT: ABSTAIN: VERIFIED BY: h2l L122!9) Original on File with City erk's Office AGREEMENT THIS AGREEMENT is made and entered into this 23d day of February, 2012, by and between City of Palm Desert, California, hereafter called "CITY" and Roy Allan Slurry Seal, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. 2012 Citywide Slurry Seal Project, PROJECT NO. 751-12, CONTRACT NO. C31440, 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 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 45 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. ROY ALLAN SLURRY SEAL, INC.: Signature to be notarized TITLE: CITY OF PALM DESERT: Alm Signature to be notarized TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: ATTEST BY: TITLE: Citv 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 Roy Allan Slurry Seal, Inc. hereinafter designated as the "Principal", a contract for: 2012 Citywide Slurry Seal Project PROJECT NO. 751-12 CONTRACT NO. C31440 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, Roy Allan Slurry Seal, 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 twenty-eight thousand four hundred nine and no cents Dollars ($928,409.00), 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 INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California County of On personally appeared _ before me, PRINCIPAL , 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 Roy Allan Slurry Seal, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated February 23, 2012 described as follows: 2012 Citywide Slurry Seal Project, PROJECT NO. 751-12, CONTRACT NO. C31440, (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, Roy Allan Slurry Seal, 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 twenty-eight thousand four hundred nine and no cents Dollars ($928,409.00), 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 120 PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) IN (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 personally appeared Acknowledgment 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 2012 Citywide Slurry Seal Project PROJECT NO. 751-12 CONTRACT NO. C31440 TO: CITY OF PALM DESERT, "CITY" DATE: 4(o- 12- BIDDER: Q(AnCy &kA( "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2012 Citywide Slurry Seal Project, PROJECT NO. 751-12, CONTRACT NO. C31440, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Proposal. By submitting this Proposal, CONTRACTOR agrees with CITY: That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a 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 ak 760-341-7098 02:04:44 p.m. 01-09-2012 3 /7 cost of maintaining or construction altemate 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 nrnvWnri har-i- I iviumizanon LS 1 A MAD 2 Traffic Control LS 1 3 Rubberized Crack Seal LS 1 $ Soo Rubberized Slurry Seal (REAS, SF 5,075,000 $ 4 TRMSS RPMS or aPDrovedequal) . 3L 5 Signing and stripina LS TOTAL BID PRICE Nk try-ft, The low -bid amount wIN be determined by the lowest sum total of the base bid Items, excluding the alternate item. Panp r,-2 RevL,%Fj 1 The costs of an work shown or required in the Plans and Specifications, Y q pec fications, 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• 0• •• TOTAL•WORDS A I OL&� "F&AIlf W&-vitive"t J &.1"I IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By: —""— Signature Title: � I, ?m—& CONTRACTOR State of California ) County of home, ) �Subscribed and sworn to or affirmed) before me on this 1(0 ay of Ll (month), 2017 (year), by _�!'t��,aff-e-_,�}AH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 1 Signature of NotaryCW-j M�Gu (Seal of Notary) ANN MARlE ALLAN U OC COMM. # 1939"3 - CALIFORMA 0W)TARY PHU,2ORANGE COUNTY n OMM. EXPIRES JULY 312015 Page C-3 �Y x D — INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. �? �,, (1) Address �,ZZ— >LWYU— -R*JJ _ • S ,'�.� , �a► , CZ00 a (2) Telephone No. �9(oaL &(d4- SS C3 (3) Type of Firm (Individual, Partnership or Corporation) Cz>,r,p m-1� �H, TSl (4) Corporation organized under the laws of the State of (,.eAl +-V Vy1 iC (5) Contractor's License No.�Z.?�t $ Exp. Date I-E- S&, 3 Contractor hereby swears under penalty of perjury that this information provided is true and c rrect. Oka, B f C"-- Title: `� a �rg-Oet;t Signature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: �a. (7) Number of years' experience as a Contractor in construction work �_�_ (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Tele hone No. of Owner 1. 1 74 3VW 1Q � s�'� S� t POO •' AD 1 2SstoSo 2. 3? �0(•O� • •t- o 4FSov t" vR.rWA4.• le. 7-m- I Sam S �.� Cc, 2461 3. '76r • GJ 1, '7 � tn,rrzl � v,t..'� s�bj ° R, CiSI'I_ -k $Q� V tar►' 74 3S z4 . Z 2 rA N Page D-1 R�r . �`s CV0 30 'c-3t4 C. r� (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 one-half of one percent of the prime's bid. r� Subcontractor's Name: 1 S 'c& License Number: CA S � 9- . Business Address: 2.© LO Telephone: _N1 gm— ? /?� 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: 8� A%.v 5 Name of Bidder I Signature of Bidder (10) List the name of the persoil who inspected the site of the proposed work for your firm 1 _ \k L.. 'yr (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 i I E — NON -COLLUSION AFFIDAVIT i To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) COUNTY OF ) SS being first duly sworn, de o and says that he/she is of 'fhe party making the foregoing bid; that the bid is not made the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her n bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. By:rA_ - LeJA,,-4� Sign t ture Title: _V 4.e. CONTRACTOR State of California County of Subscribed and sworn to (or affirmed), before me this 'U' '� day of (month), 20_L:2�_ (year), by LaviW CQ Atu , proved to and on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary: dLCX,�3_ Notary Public in and for said County and State of notary) [Ir(seal Page E-1 A MARIE ALLAN U COMM. # 1939903 0 NOTARY PUBLIC - CALIFORNIA la • S� ORANGE COUNTY Q COMM. EXPIRES JULY 3 2015 '+ F -. BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THEE PRESENTS, That we, Roy Allan Slurry Seal, Inc. as principal, and Philadelphia Indemnity Insurance Company as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ * (10% of bid) to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. * ten percent (10%) of the total amount of the bid THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: 2012 Citywide Sluny Seat Project Project No. 751-12 Contract No. C31440 The general items of work to be done hereunder consist of. mobilization; application of rubberized crack seal material; application of rubberized slurry seal; installation of striping,- pavement markings, and pavement markers; and installation of traffic control devices required during construction of the improvements and all appurtenant work as required by the plans and specifications, and dated January 17, Zola is accepted by the City of Palm Desert, and if the above bounden principal Roy Allan Slurry Seal, Inc. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 12th day of January 2012 Contractor's Name: Roy Allan Slurry Seal. Inc. Contractor's Signature: Ch C...- -Title: OTC-*— C-*— �V-at 1 Address: 11922 Bloomfield Ave., Santa Fe Springs, CA 90670 Telephone: 562-864-3363 Surety's Name: Philadelphia Indemnity Insurance Surety's Signature: Title: Linda D. Coats, Attorney -in -Fact Address: 2600 West Olive Ave., 5th Floor, Burbank CA 91505 Telephone: 818-333-5195 Acknowledgment State of California ) County of Not j On clLV ayi 12 l 2Q12_ before me,.&-fnOrip, 11a personally appeared wrazfl c-e AM -, who proved to me on the basis of satisfactory evidence to be the person(skywhose name(a j !slaws subscribed to the within instrument and acknowledged to me that he/sheAtey executed the same in his(hsati eir authorized capacity(ies), and that by his/hed dzft signatureM on the instrument the person(s), or the entity upon behalf of which the person(g) 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. Signatures (Seal) Page F-2 %ANN MARIE ALLANComm. # 1939903 TARY PUOUC • CALIFORNIA ORANGECOUNTY Q M. ERPIRES JUIY 3 2015 'j CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Linda D. Coats 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/sheAhey executed the same in hisr herAheir authorized capacity(ies), and that by hisAter/their signature(s) on the instrument the personf s), or the entity upon behalf ofwhich 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 A, &Vibiv --.. ADELAIDE ornmissio C. HUNTER Commission # 18ia$793 L ,ffi Notary Public -- California Orange County My Comm. Expires Plug 8, 2012 ®PHILADELPHIA INSURANCE COMPANIES A bfemtw.r of the Td oo Marine Group PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA E14DEMINITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats & Matthew l Coats OF Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I Ph day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorneys) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18T" DAY OF JULY, 2011. aG9oftar,s 7 M. 'rySriVP��P�•pPresident ChristopherJ. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH day of July 2011, before me came the individual who executed the preceding instrument to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY 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. COMMONWEALTH OF PENN YLVANIA NotadaI sass K6abedyA. KesateoK Notary LOW hi dcn iMtF. COMMINI its 2012 n t mbar, P at Aiiii0ftlan of Notades I, Craig P. Keller, Executive Vice President, ChiefFinancial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this I day of July 2011 are true and correct and are still in full force and effect I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 12th day of January 2012. CraigP. Keller Executive Vice President, Chief Financial Officer & Secretary LOCATION OF WORK Dinah Shore Drive — from Key Largo to Monterey Avenue (WB lanes only) Monterey Avenue — from Northern City Limit to Gerald Ford Drive (NB lanes only from Gerald Ford to Dinah Shore) Portola Avenue — from Gerald Ford Drive to College Drive (NB lanes only) Country Club Drive — Washington Street — Hovley Lane East — Magnesia Falls Drive — Deep Canyon Road — Parkview Drive — Fred Waring Drive — Fred Waring Drive — from Oasis Club Drive to Freedom Park Eastern Limit from Northern City Limit to Fred Waring Drive entire street (WB only along frontage of Toscana Country Club) entire street from Magnesia Falls Drive to Highway 111 entire street from Painters Path to Fairhaven Drive from San Pablo to Deep Canyon (WB only from San Pablo to San Pascual) Portola Avenue — from Fred Waring Drive to Highway 111 Portola Avenue — from Haystack Channel to Mesa View Drive Haystack Road — Shepherd Lane — Scholar Lane West — Scholar Lane East — Windflower Court — Julie Lane — Jeri Lane — Academy Lane East — entire street entire street (three segments) entire street entire street entire street entire street entire street entire street Petunia Place West — entire street Petunia Place East — entire street Chinook Circle — entire street Chinook Circle East — entire street Kokopelli Circle — entire street Kokopelli Circle East — entire street College View Circle West — entire street College View Circle East — entire street Alpine Lane — entire street Daisy Lane — entire street Drexell Drive — entire street Woodward Drive — entire street Colebridge Street — entire street Jameson Road — entire street Emerson Drive — entire street Heatherwood Drive — entire street Driscoll Street — entire street Willington Road — entire street Hollister Drive — entire street Hemingway Court — entire street Dempsey Drive — entire street Maryn Court — entire street Freedom Court — entire street Carlotta Drive — entire street Easy street — entire street Dolmar Court — entire street Duval Court — entire street Sandcastle Lane — entire street Michigan Drive — entire street Rutledge Way — from Portola to Magnesia Falls Drive Santolina Drive — entire street Buttonwood Drive — entire street Balsam Lane — entire street Silktree Lane — entire street Gazania Place — entire street Myrsine Avenue — entire street Palmilla Circle — entire street Desert Star Boulevard — entire street Primrose Drive — entire street Vanda Circle — entire street Erin Street — entire street Velardo Drive — entire street Aster Drive — entire street Marigold Drive — entire street Florine Avenue — entire street Moss Rose Drive — entire street Daylily Circle — entire street Waterlily Circle — entire street Coral Bells Circle — entire street Starflower Circle — entire street Lavender Way — entire street Columbine Drive — entire street Calle de los Campesinos — entire street r" a .,,-,-FRANK SINATRA DR '' FRANK SINATRA DR Lu - - } ST z -' w'COUNtRY CLUB DR CO O-- ' _m 7 ' HOVLEYILN-W Q I= —C- i O Jr 0 - - I a 1 �O HOVLEY LN-E_ - MAGNESIA FALLS,_DR PARK VIEW DR > > w O O - Z FRED WARING DR ��- O a o HWY 111 ELPASEO = MOUNTAIN DR- r O _ - -= FAIRWAY -DR �? 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