HomeMy WebLinkAboutC32700 - Solr-Powrd Vehcl Spd Fdbck Assmbl 595-13Contract No. C32700
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32700 FOR SOLAR POWERED
VEHICLE SPEED FEEDBACK ASSEMBLIES TO SIERRA
PACIFIC, iNC., OF RIVERSIDE, CALIFORNIA, IN THE AMOUNT
OF $111,755.00
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Sierra Pacific Electrical Contracting
2542 Avalon Street
Riverside, California 92509
DATE: June 13, 2013
CONTENTS: Agreement
Performance Bond
Payment Bond
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C32700 for Installation of Vehicle Speed Feedback
Sign Assemblies to Sierra Pacific Electrical Contracting of Riverside,
California, in the amount of $111,755.00 (Project 595-13);
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $11,175.50;
3. Authorize the Mayor to execute said contract.
Funding is available for this project in Traffic Signal Funds Account No. 234-4250-422-
4001. No General Fund money is being used for this expenditure.
Backpround
On April 25, 2013, City Council authorized the City Clerk to advertize and call for bids
for the Installation of Vehicle Speed Feedback Sign Assembiies. The solar powered
sign assemblies will be installed at 15 locations throughout the City.
Staff Report
Award Contract No. C32700 Project 595-13 to Sierra Pacific Electrical
June 13, 2013
Page 2 of 2
Bids were opened on May 29, 2013, and the results are as follows:
Contractor Location Proaosal Amount
Sierra Pacific Electrical Contracting Riverside, CA $111,755
California Professional Engineering La Puente, CA $154,812
Zeus Construction Palm Desert, CA $159,395
Pelagic Engineering Oxnard, CA Withdrawn at Bidder's Request
Pelagic Engineering withdrew their bid due to an error made in the preparation of the
proposal.
Fiscal Analvsis
Initially, there is no fiscal impact other than the contract amount. However, there will be
minor on-going routine maintenance associated with this action with an estimated
annual cost of $100 per sign for a yearly total of $1,500.
Prepared By:
� �
/,i����/^� �
Mar iercks, P. E.,
Tra sportation Engineer
Departm
Mark Gr ood, P"E.
Director f ublic WorN
/
� ul S. Gibson, Director of Finance
n�M. Wohlmuth, City Manager
CTTY COi1NCIL A��C'1TON
APPROVED
RECETVED
,�
DENTF,D
OTHER
,�
NoES: nin.y •.•
ABSEN'I: �
ABSTAIN: ' J� �
VERIFIED BY� ��k .��a�'
Original on File with City�erk's �ffice
Contract No. C32700
AGREEMENT
THIS AGREEMENT is made and entered into this 13t" day of June, 2013, by and
between City of Palm Desert, California, hereafter called "CITY" and Sierra Pacific
Electrical Contractinq hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. INSTALLATION OF VEHICLE SPEED FEEDBACK SIGN ASSEMBLIES,
PROJECT NO. 595-13; Contract No. C32700 in strict accordance with the
Contract Documents identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid 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 Bid; (e) The Bidder's Bond; (f) The PerFormance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 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 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
1
Contract No. C32700
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 $500.00 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 Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
�
Contract No. C32700
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: Sierra Pacific Electrical Contracting
BY:
Signature to be notarized
ATTEST BY:
TITLE:
TITLE:
CITY:
BY:
Signature to be notarized
ATTEST BY:
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
TITLE: Citv Clerk of Palm Desert. CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
�
Contract No. C32700
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)
�
C — CONTRACTOR'S BID
INSTALLATION tJF VEHlCLE SPEED FEEDBACK StGN ASSEMBLIES
PROJECT N4. 595-13
T0: � CITY �F PALM DESERT, "CITY"
DATE; May 29, 2013
BIDDER: Sisrra Pacific Electrical Contracting ,"C�NTRAC7�R"
The UNDERSIGNED, "CONTRACTOR", having carefuliy examined the site and the
Contrac# Documents for the constructfon of, INSTAL�ATiON OF VEHICLE SPEED
FEEDBACK SIGN ASSEMBLlES, PROJECT NO, 595-�3, hereby proposes to construct
the work in accordance with the Contract Documents, inciuding Addenda No(s). �
for fhe amount stated in this Bid.
By submitting this Bf�d, CONTRACTOR agrees with CiTY:
�. That �nfess withdrawn in person by Cf3NTRACTOR or some person authorized
in wriiing by C�NTRACTOR — not by teiephone or telegram — befors the time
specified 3n the Noiice inviting Bids for #he pubiic opening of bids, this Bld
constitutes an lrrsvocabla affer for 60 aafendar days after that date.
2. The CITY f�as the right ta reject any or a�4 Bids and to waive any irreguiarities vr
informalities contained in a Bfd.
3. That the contract shafl �e awarded only by the goveming body af CITY. Sald
contract shal! only be deemed awarded �fter the CONTRACTOR'S compiete
submfssion of aN contract documenfs, bands, insurance documentation, and the
CITY shaA obtain all necessary signafures of the governing body, at which time
the contract shali be deemed awarded.
�4. To submit to CITY such informatfon as CiTY may require to determine #he
Bidder's financ'ral standing experience and ta periorm the work.
5. � Thai the accompanying certified or cashier's ct�eck or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR wiit execute the
Agreement and detPver the requlred bands and certtflcates of insurance wlthin 10
days after natice of award. if CONTRACTOFt fails to execu#e and deliver said
documents, the check or bond is to be charged with the costs of the resuitant
damages to CITY, including but not limited ta pubiication cosfs, the difference in
money be�nraen the arnount bfd and fhe amount in excess of the bid which costs
ClTY to do or cause to be done the woric involved, lease and renial aosts,
additional salaries and overhead, increased in#erest and casfs of funding the
pra)ect, attorney expense, additional engineering and architectural expense and
cost of maintaining or construction alternate facilities t�ccasianed by the faiiure to
exeaute and det�ver sald documer�s.
Page C-1
it Is understood that the quan#ities shown hereon, exaspt for those quantities marked
"Lump Sum", are estlmates and the final payment will be based upon the actual work
performed, subject to such adjustment and aiterations as elsewhsre provided hereln,
i7EM NO. PROJECT �.00ATION UNiTS QUAN'fiTY UNiT TOTAt
COST
#nstaUation of Vehicle Speed �eedback S(gn Lum
1 Assemb{les at 15 lacations per the Specla} Sum
Provisions (S1
Total Bid Price
� Sum� 1\� �155. °"
$ �11,�1�� •'�
ihe costs of any work shown or raquired in the Pfans and Speeifications, but nat
spec(iicalty identified as a Pay ltem are fncluded in the related Pay Item(s), and no
additional campensation shal! be due CONTRACTOR by virtue of C�NTRACTOR'S
compliance with the Ptans and Specifications.
TUTAL AMOUNT BASE BID IN FI�URES $ t1�55 •`�'
TOTAL AMOUNT BASE BiD IN WORDS t�7n�. hu.�dre.� qnd clevcn
--�'%c�u Sur►� ��'a eYcn h� nt4rc � Gth � �-F► �-�y -�i v� (� pr s ar�d rS o e�►.i5,
IN WITNESS WHEREOF C4NTRACTOR executed this Bid as of date set forth on
Page C-1: �
` r}���; �1:.-
By; ,..
Signature
Title: Corporate Secretary
C�?NTRACTOR
Staie of California )
� )
Coun#y of Riverside �
Subscr(bed and sworn ta (or affirmed) before me on thls 29 day of May
fmonth), 2013 {yearj, by Patience Spina
, proved io me on the basis of satisfaa#ory evidence ta be the persan(�)
who appeared before me.
Sfgnature of Notary �'�3,y,�,�;�i�� (Seai of Notary)
.
� J. !lERO�:ROM
Connniaion No. 1�!l6s0
� +�+ NOTARY PU�6�l�GCAL1/ONMA
� R111ER51t1E COINflY
1Ay Co�n. E�OMiIs dIJIiM�+� iNA
Page C 2
i
�
�
'. .
Ths bidder is required to suppfy the foNowing information. Additional sheets may be
attacfied if necessary.
(� ) Address 2542 Avalon Street, Riverside, CA 92509 ,
(2) Teiephona No. (951) 784-1410
(3) Type of Firm (Individual, Partnershlp or Corporatlon} Corporation
(4) Corporation organ3zed under the laws of fhe State of California
(5j Contractor's License No. 264048 Exp, Date December 31, 2013
Cantraotor hereby swears under penalty of psrjury that this in#ormation provided is true
and corre t.
gy; �/ -��-,f .., Tit1e: Corqorate Secretary
Signature Contractor
(6) l.ist the names and addresses of aH owners of the firm or names and titles of all
officers of the corporatian:
Barry Loop
David Laop Vice President
Patience Spina Corporate Secretary
(7) Number of years' experience as a Contractor in constructPon work 44
{8} List at ieast three similar prajects compfeted recer�tly:
D— INFORMA7iON REQUIRED OF BIDDER
President
Contract Amount Class of Work Date Completed
�.
$58,798.00
L^.
$126,556.00
3.
$552,ti22.89
Electrical
Electrical
Eiectrical
4/26i2013
4/1 /2013
12/11J2012
Name, Addrsss &
Tetsphone No. of Owner
City of Moreno Vailey
P.O. Box 88005
Moreno Yalley, CA 92552
(951)413-3154
Hiilcrest Contracting
P.O. Box 1898
Corona, CA 91718
(951) 273-9600
Ciry of San Jacinto
P.O. Box 4$8
San Jacfnto, CA 92583
(951) 537-6350
Page D-1
(9) Pursuant to Callfornia Publlc Contractir�g Code, Sectio� 4100 et. Seq., the
following Itst gives the name buslness address, and po�iion of work {description
of work to be done) for each subcanfractor that will be used in the work if the
bidder is awarded the Contract, (Additional supporting data may be aftached to
this page. Each page shall bs sequentially numbered, and headed 'Pr�posed
Contractors" and shall be signed.} The Bidder shali list all subcontractors who
wiii perfarm work or labar or render service to the prime contractor in excess of
• one-haif of one per�ent of the prime's bid.
Subcontractor's Name:
4�cense Number.
Business Address;
Telephone:
Wark Description:
Subcontractor's Name:
�.icense Number:
Busfness Address:
Teiephone:
Wortt Description:
Subcontractor's Name:
License Number.
Business Address:
Teiephone:
Work Descriptian:
NiA
Percent of Work:
N/A
Percent of Wark:
N/A
Percent of Work:
Sierra Pacific Electrical Contractinq
Name of Bidder
r`"__
3 '_"�
.,..-.
-, �-�--._,..,�
Signature of Bidder
(10) Lfst the name of the person who inspected the site of the propvsed work for your
ftrm Jorpe Gomez
(11 j A �inanciaf statement ar ather informatfon and references sufficientiy
compreh$nsive to permit an appraisat of your aurrent financial condition may be
requlred by the City.
Page D-2
�
E — N4NCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undsrsignsd decfar�s:
I am the Corporate Secretary of Sierra Pacific Electrical Cont. . the
party making the foregoin� bid. The bid is not made in the interest of, or on behalf of,
any undisctosed person, partnership, company, association, organization, or
carporation, The b!d fs genuine and not collusive ar sham. The bidder has not directly
or indirecfly induced or soilcited any other bidder to put in a faise or sham bid. The
btdder has not dlrectiy or indirectly coiludsd, conspired, cannlved, or agreed wlth any
bidder or anyone else ta put In a sham bid, or to refraln from bidding. The bidder has
not in any manner, directly or indirect�y, sought by agreement, �ammunica#ion, or
canference wlth anyone to fix the bid price of the bidder or any other bidder, or to ffx any
overhead, profi#, or cost element of the bid priae, ar 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 ar data relative thereto, ta any corporation, partnership, company,
association, organization, bld depasitory, or to any member or agent thereof, to
effecfuate a coilusive or sham bid, and has not paid, and wifl not pay, any person or
entity for such purpase.
Any person executing this declaraiion on behalf of a bidder that is a corporatian,
partnership, joint vsnture, limited liabili#y cc�mpany, limited liability partnership, or any
other entity, hereby represents that he or she has fuil power to execute, and does
execute, this d$claration an b�half of the bidder.
I declare under penalty of perJury under the laws of the State of Californla that
the foregoing is true and correct and that this declaration Is executed on
May 29 , �p13, �# Riverside , California
Cit Stake
,
By: \ } , _ . ..
Signature
Title: Corporate Secretary
CONTRACTOR
Page E-1
�
F — BIDDE�R'$ BOND
To A+ccornpuny Btd
KNOW ALL MEN BY THESE PRESENTS,
�tyyg� Sierra Pacific Electrical Contr�acting as Q��+���
end western Surety Company aS sut�ety, ete held �r1d
flrmly bourui urrto the City of Palm Desert in the sum of $ ten percent ��0°�a of bidj
to be paid to the said City or its certain attomey� its succeasors and assigns; for which
payrnent, we�� and truly ta be made, we bind ourseiv�as, our hefrs, executors and
administrators, successors or assigns, joiMly and severaliy, flrmly by these presents.
THE CfJNDITlON OF THIS �BLIGATION !S SUCH, tt�at If #�e certain bid af the ab�ve
bounden principal ta periorm certain work descrtbed as foi�ws:
INSTALLATIrDN OF VEHICLE SPEED FEEDBACI{ SIGN ASSEIMBLIES, PROJECT
NO. 695-13; CONTRACT NO. C32T00
The gen�ral ttems of v+�ork to be done hereunder cansist of: replac�g traflic signat LED
rTtpdUI�S 8�td d8t@d May 2 8, 2 013 is sc.�eptec! by the City of Palm
D6S6rt, and ifthe above bounden principal Sierra Pacific Electrical Contracting
shail duty enter into and sxecute a contra�t for such oanstructlon, and sha!! execute and
deliver the Perfonnance 8ond srtd Payment 8ond and ir�surance ver�ficates as required
by said contract, then this obinga#ic>n shail becorne nu{I ar�d wid; a�etwise it sheN be
and nemain in tu11 forr.s and effect,
Shauid it become neoessary fur the City to instltute a lawsuit, ar any other legal
proceeding to enforce th� #erms and conditlons of thts br�nd� tt� all vosts of sald
pnoc�cling, tncUuding atUomey's feas, sh�ll be awarded tc tl�e pr+evailit�g party.
jRemah�der ot U�is pa� has irrter�tlarire�yy beer� teft bt�nk
signatc�re bk►cks are �oont,efned an n1e next pageJ
Psge F-i -
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IN WtTNESS WHEFtEOF, We hereunto set our Hands and Seals thls 2�,th day
+Df rna�, 2013 .
���p�$ N��; Sierra Pacific Electrical Contracting
Ccntractor's Slgr�eture: � �-��"'� .
Tit1e: � �Y�rt�-ie,. �j°e � r i
Address: 2542 Avalan Street, Riverside, CA 92509
Telephane: ( 9 s i) 7 8 4-1410
Suroty`s Name: wes
S�ty's Signature:
J.W. Johnson
-...
. �
Address: 19000 MacArthur Blvd., PH Floor, Irvine, CA 92612
Ti#le: AttorneV-i.i�-fact,
"i'818phOn8: (949) 263-�606
Acknowl�dgment
state of Calitomia )
' ` �
Cou�ty of R.v�t� s � ��. )
,
On M A`�} '�.°i .�, e t'� b8foi8 m8, �"G3'E`�t-� S'i �' 0 �I'h } 1�1 o1�w1 i' U�.i3 Ltic
pere�onally appe�red '�'�t"'� ���'�'� S.� � u�
�, wfia prov�ed to me on the besis of
sa�fsc�ory evidence ta be the per�on�s�,wt�ose name('� 1� subscribed io t�e wlthin
instrument and acknowledged to me that fie1��'�ey executed the same � hls/h(�Itheir
authvrized t�pacity�a�, artd that by hlslh er hefr signature(� on the in�rument the
person('a�, or the entl##y upon bet�alf of which tfie person�� aded, exacuted the
instrumesit.
1 cartify unde� PENALTY OF PER.}URY ernder #he tews vf the Si+e�be of Caltfomia that the
fonsgoin9 P$�9tqph fs trus �a� cx3macc;t.
WITPiESS my hand arid of��iat seel.
Slgnstur� �,��+�`�i'��
any
(SAst)
.......... , � ' ��
Pe�e F 2 �• ��
: Commissi4n NO• ��� �
re. � NOTARY Pt�LtGC�ttPOR►1U►
f , � •• ;' IqYER4WE COUNTy �
� yr i�Ma E��+•nlIIE �, i0t4
CA.LI�ORNL4 AL�k,-PURPOSE ACKNOWLEDGM�IYT
State of California
County of Orange
i
� On May 28, 2013 before me, Hannah S. Peter, Notary Public
NAME
personally appeared J. W. Johnson
AIAME OF SiGNER
���� �
Ce�nmbtiM �►1l�0�
MeHryt Pa1Yc - CMItenN�
w co�.�"�"r :� � sa�a
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature
on the instrument the person, 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.
WITNESS my hand and official seal.
�2'�ZG�II��l. � /�;{-G�—
(SIGNATURE-d�ARY)
OPTIONAL
Though the data balow is not required by law, it may prove valuable to persans relying on the document and
prevent fraudulent reattachment of this form. �
CAPACITY CLAIMED BY SIGNER
� WDIVIDUAL
� CORPORATE OFFIC6R
TITLE(S)
u.
. ❑
PAR'CNER(S) �
❑
LIMITED
GENERAL
ATTORNEY-IN-FACT
� � TRUSTEE(S)
, � GUARDIAN/
� OTHER
ATOR
�
S[ ER IS REPRESENTII�IC:
ME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTAC
OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURE1'Y COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principnl office in the City of Sioux Falls, and 5tate of South Dukota, nnd that it dces by virtue of the signuture and seal herein affixed hereby
make, constitute and apEwint
Pamela Olmo, J W Johnson, D Richard Stinson, Scott Gaddy, Jeff Parkhurst, Lisa M Lucas,
Susan J Sampson, Jennifer E Dirking, Anthony J D'Asaro, William Phillips Jr, David
Alvarado, Teri L Koehler, Jessica L Nowlin, Individually
oF San Francisco, CA, its Uve and IawCul Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute For and on its behaff
bond�, undertakings and other obligatory inswments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the sume extent as if such instruments were signed by a duly authorizecl officer of the corporution and ull the acts of said
Attorney, pursuunt ro the authority hereby given, �re hereby r�tified and confirmed.
This Power of Attomey is made and executed pursuant to und by authority of the By-[aw printed on the reverse hereof, duly adopted, as indictitcd, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURE'I'Y COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 14th day of De.�;ember, 2012.
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j�~�40����
'�'s\q a' Ab ' i�
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WESTERN SURETY COMPANY
Swte nf Soulh Dtilcota l
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Counry oF Minnehaha J
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aul T. Brutlat, Vice Nresident
On this 14th day oF December, 2U12, before me personully came Paut T. Bruflat, to me known, who, being by me duly sworn, did depose und sny: that
he resides in the City of Sioux Fnlls, State of South Dnkota; that he is the Vice President of WF.STERN SURETY COMPANY des,cribed in and which
executed the above instrument thtu he knows the seal of s�id corpcxation; that the teal affixecl to the slid instniment is such corpnrate seal; thut it was m
affixed pursuunt to authority given by the F3onrd of Directors of said corporaition vnd that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said cotparalian.
My commission expires t
� J. MOHR
June 23, 2015 f�NOTARv PU9uC ��
SOUTH DAKOTA
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CERTIFICATE
/ � 1 �I�'I V �
J. Mohr, Notary Public
I, L. Nel.son, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify tht�t the Power oP Attomey hereinuhove set #'orth is slill in
fcme, und further certify that the By-L�w of the corporution printed ai the reverse hereof is still in force, (n testimony whereof I fia�e hereunto subu:ribecl
my name und affixed the se;�l of the said corfx�ration this 2$ ti'1 day of May , 2013 ,
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WESTERN 5URETY COMPANY
L. Nelso», Assistunl S�xmtary
Form F42R0-7-2012
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Sierra Pacific Electricat Contractinq (hereinafter
designated as the "CONTRACTOR"), an agreement dated June 13, 2013 described as
follows:
INSTALLATION OF VEHICLE SPEED FEEDBACK SIGN ASSEMBLIES
PROJECT NO. 595-13
CONTRACT NO. C32700
(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 9100 of the California Civil Code;
NOW, THEREFORE, we, , 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 firmiy bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of
the California Civil Code, in the sum of One Hundred Eleven Thousand, Seven
Hundred and Fifty-Five Dollars ($111,755.00j, 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 weif 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, shali 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 Unempioyment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. 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
payment 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:
Sierra Pacific Electrical Contracting
SURETY:
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
(Typed Name of Surety)
By:
(Signature of Attorney-in-Fact)
(Typed Name of Attorney-in-Fact)
per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Acknowledgment
State of California )
)
County of )
On
before me,
,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Sierra Pacific Electrical Contractinq hereinafter designated as the
"Principal", a contract for:
INSTALLATION OF VEHICLE SPEED FEEDBACK SIGN ASSEMBLIES
PROJECT NO. 595-13
CONTRACT NO. C32700
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, 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
One Hundred Eleven Thousand� Seven Hundred and Fifty-Five Dollars
($111,755.00), 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.
Page 1
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20 .
SURETY
:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California
County of
On
before me,
PRINCIPAL
:
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)
Page 2
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