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HomeMy WebLinkAboutC33230 - 2014 Slurry Seal 751-14 Contract No. C33230 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33230 FOR CONSTRUCTION OF THE 2014 SLURRY SEAL PROJECT TO PAVEMENT COATINGS CO. OF JURUPA VALLEY, CALIFORNIA, IN THE AMOUNT OF $1,610,000 (PROJECT NO. 751-14) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Pavement Coatings Co. 10240 San Sevaine Way Jurupa Valley, CA 91752 DATE: March 13, 2014 CONTENTS: Agreement and Bonds Contractor's Proposal Location of Work Location Map Recommendation By Minute Motion: 1. Award Contract No. C33230 for construction of the 2014 Slurry Seal Project to Pavement Coatings Co. of Jurupa Valley, California, in the amount of $1,610,000 (Project No. 751-14); and 2. Authorize the Mayor to execute the subject agreement. Funding is available for this project in Measure "A" Street Maintenance Fund, Account No. 213-4311-433-4001. Backqround The 2014 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 beyond what is expected from conventional slurry. The areas to be slurried this year were selected based upon their need and the pavement condition index ranking. The project area includes major arterials in the north end of town, several neighborhoods in the south part of the City, and EI Paseo (see the location map). The project is expected Staff Report Award Contract C33230 to Pavement Coatings Co. (Project 751-14) Page 2 of 2 March 13, 2014 to commence in late March and will conclude within 60 days. This project is being constructed in the spring months because slurry seal will not properly cure when temperatures exceed approximately one hundred five degrees Fahrenheit (105° F). The project was advertised and contractors were encouraged to submit bids. At the February 18, 2013, bid opening, six contractors submitted bids. The bid summary is below: Contractor Location Bid Amount Pavement Coatings Company Jurupa Valley, CA $1,610,000 American Asphalt South, Inc. Fontana, CA $1,643,500 Roy Allan Slurry Seal Santa Fe Springs, CA $1,720,734 All American Asphalt Corona, CA $1,919,000 Intermountain Slurry Seal Reno, NV $2,340,000 Doug Martin Contracting La Habra, CA $2,363,000 Pavement Coatings Co. submitted the lowest responsive bid in the amount of $1,610,000. The bid was approximately 13 percent lower than the engineer's estimate. Fiscal Analysis The slurry seal contract is an on-going maintenance activity with no fiscal impact beyond the contract amount. Pre red By: Depart nt ad: Y'- Rya Gayler, ject Administrator Mark Gr e wood, P.E. Director of ublic Works _ CITY COUNCILAC/�'ION APPROVED ✓ DF.NiED Pa . Gibson, Director of Finance �CEIVED OTHER MECTING DATE '3 ' 13� al A roval: AYFS: `` � ,� � rY11k � �C� � ' ' �'Y � 't�Y11 ' NOES: U�� ABSENT: ���� BSTAIN: � ��� J hn M. Wohlmuth, City Manager V(?�1FIED BY: �� n Original on rile with City erk's Office AGREEMENT THIS AGREEMENT is made and entered into this 13th day of March, 2014, by and between City of Palm Desert, California, hereafter called "CITY" and Pavement Coatinqs Co. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. 2014 SLURRY SEAL PROJECT, PROJECT NO. 751-14, CONTRACT NO. C33230, 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; Q) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) 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 AgreemenUHold 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 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 ur�der 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: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TtTLE: Mavor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS 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 (seal) CITY ACKNOWLEDGMENT State of California ) ) SS. County of Riverside ) 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 Pavement Coatings Co. hereinafter designated as the "Principal", a contract for: 2014 SLURRY SEAL PROJECT PROJECT NO. 751-14 CONTRACT NO. C33230 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, Pavement Coatinqs Co. 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 million Six-hundred-ten Thousand Dollars ($1,610,000), 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 , 2014. SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER 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) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Pavement Coatinqs Co. (hereinafter designated as the "CONTRACTOR"), an agreement dated March 13, 2014 described as follows: 2014 SLURRY SEAL PROJECT, PROJECT NO. 751-14, CONTRACT NO. C33230, (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, Pavement Coatings Co. , 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 payment notices under Section 9100 of the California Civit Code, in the sum of One Million Six-hundred-ten Thousand Dollars ($1,610,000), 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 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 , 2014. PRINCIPAL/CONTRACTOR: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ 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) C - CONTRACTOR'S BID 2014 SLURRY SEAL PROJECT PROJECT NO. 751-14 CONTRACT NO. C33230 TO: CITY OF PALM DESERT, "CITY" DATE: oa-i4-aoi4 BIDDER: Pavement coatings co. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2a14 SLURRY SEAL PROJECT, PROJECT NO. 751-14, CONTRACT NO. C33230, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or a!I Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shail 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 casts 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 'IC/1 '!A� 'fAlfO �/1.C1.�� �.... /1'1 17 lI1�A 7IC � cost of maintaining or construction aitemate facilities occasioned by the failure to execute and deliver said documents. It is understood that the quanti�es shown hereon, except for those quantities marlced "Lump Sum", are estimates and the final payment will be based upon the actual work pertormed, subject to such adjustment and alteratfons as elsewhere provided herein. . , . . . - _.._ :,.,. ,.. . : Mobilization �g `. .� � $ � �5 oc�o� 25,000.°° Traffic Control LS 1 $ � Z 74 � °O ? oOo.'o Rubberized Crack Seal LS 1 $ � 3 a3B 75a°� �t o.�o Rubberized Siurry Seal (REAS, TRMSS, RPMS, or approved equal) SF 8,800.000 $ $ 4 0. l�� t r�a3,�a Signing and Striping LS 1 $ � 5 �(04 050�°° a-/o�F cSa.bo $ $ � $ $ $ $ $ $ $ TOTAL BID PRICE � 1 �Ia aec�_ o0 Page C-2 Revised . 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 add�ional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ I , (01 D� 0 00 . "�-' TOTAL AMOUNT BASE BID IN WORDS D� �-u.Q�� �,,,� �,,,� �_. G� A�� �O O IN WITNESS WHEREOF CONTRACTO ecuted this Bid as of date set forth on Page C-1: By: Signature Title: President CONTRACTOR State of California ) ) COUCI�/ Of Riverside ) Subscribed and sworn to (or affirmed) before me on this 14 tn day of February (month), ao�4 (year), by t�o u U- Fe,2.o , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary V�._ ����-�-�.�, Seal of Nota { ry) var�P ouNcaN Commission � 1911147 Z .'�� Notary PuDlic-Calitornia � z `�'' Hiverside County � M Comm.Ex ires Oct 30,2014 Page C-3 D — 1NFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required #o supply the following information. Additional sheets may be attached if necessary. ��� Company Name Pavement Coatings Co. (2) Address 1024o san sevaine way, Jurupa valley, cp, 91752 (3) Telephone No. 714/$2 6-3 O 11 (4) Type of Firm (Individual, Partnership or Corporation) Corporation (5) Corporation organized under the laws of the State of California (6) Contractor's License No. 303609 Exp. Date 09-30-2014 Contractor hereb swears under penaliy of perjury that this information provided is true and correct. BY� Title: President Signature Corrtractor (7') List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Doug Ford, President Thomas Mucenski, Secretary Bernard Hale, treasurer (8) Number of years' experience as a Contractor in construction work 38 (9) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Tele hone No. of Owner �. Slurry Seal City of Downey $233, 385.50 Project Area "D ' 12/02/2013 11111 Brookshire Avenue Cash Contract Downey, CA 90241 No. S.S. 643 562/622-3468 2, 2012/2013 Annu 1 City of Palm Springs $548,096.00 Slurry Seal 09-19-2013 3200 Tahquitz Cyn Way City Project Palm Springs, CA 92263 3, Zone 5 Slurry City of Santa Barbara $1,194,104 . Seal Project 11-02-2012 630 Garden Street Bid No.3656 Santa Barbara, CA 93102 805-564-5450 Page D-1 (10) Pursuant to California Pubiic Contracting Code, Section 4100 et. Seq., the 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 Contractorsn 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. Subcontractor's Name:___ J•P- S�f-r-i a i��q �,n G . License Number: ��{(� �(n(o Business Address: . �o SG �. � S-�-- S-{-f-2e-� �j�c�U�o�� Telephone: �5 ( � ��-�- �.-�7 q �j Work Description: $f't-rd I n a �. �c�►1 � n a Percent of Work• �� � Subcontractor's Name: ��.b Io er i zz� C-�r'Qe,k�i l(ere ��r�l��- �e License Number: �-gq75¢3 Business Address: �0 D �. I���h t;�:�'��V'e, �Gt,;� le.t`'�-a��� �'� Telephone: � J �- � �� � � Q �. Work Description: �.re��C �.ea.� i h�► Percent of Work• S$�?, Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Percent of Work: Pavement Coatings Co. Name of Bidder Signature of Bidder (11) List the name of the person who inspected the site of the proposed work for your firm Marc Mumford (12) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your currerrt 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 Pavement Coatings co. 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 February 14th � 2014 � at Jurupa Valley CA � City State By: Signature��w �`'`�� Title: President CONTRACTOR Page E-1 � � F — BIDDER'S BOND � To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, � Thet we, Pavement Coatinc�s Co. as p�indpal, ��d The Ohio Casualty Insurance Company aS SU�Bty, af held 8nd firmly bound urit0 the City�f P�Im Dese�t irt the sum of$Ten Percent of Amoun��% of bid) � to be paid to the said City or its certain attcmey, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and � administratvrs, suocessors or assigns,jointly and severally, firmly by these presents. THE CONDITI4N OF THIS OBLIGATION {S SUCH, that if the certain bid of the above � bounden principa(to perform certain work described as follows: 2014 SLURRY SFAL PROJECT � PRQJECT Np_ 751-14 CONTRACT NO. C33230 � The general items of work to be done hereunder consist of: mobilization; application of rubberized crack seal materiah installation of asphalt crack-fill material; application of rubberized slurry seal; installation of striping, pavement markings, and pavement � . markers; and installation of trsffic cantrol devices required during construction of the improvemerits and all appurtenant work�s required by the plans and specifications, � and dated Februaro ta,zo�a is accepted by the City of Palm Desert, and if the above bounden principal Pavement Coatinqs Co. Shall duly enter into and execute a contract for such construckion, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required �` by said contract, then this obligation shal( 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 � proc;eeding, inGuding attomey's fees, shall be awarded to the prevailing party. � (Remainder of fhis page has intentionally beerr lefl'blank. Signafure blocks ane confained on fhe next pageJ � � � � Page F-1 � ' ' �. � � IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 3rd day Of February 2�14 . � Gontractor's Name: Pavement Coa ' s Co. � Contractor's Signature: � Title• �-��s�.,�,../�r Add�eSS: 10240 San Sevaine Way�Jurupa Vallev,CA 91752 � Telephone: (��4)s26-3o>> � SUf'@ty's Name: .The Ohio Cas I Insurance ompany � Surery's Signature: � ic r . es � Tltl�: Attorney-in-Fact Address: 1800 E.Lambert Rd#225,Brea,CA 92821 � � Telephone: (714)257-9644 � Acknowledgment State of Califomia ) � � �� 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 instnament and acknow(edged to me that he/sheRhey executecf the same in hislherftheir � 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 4F PERJURY under the laws of the State of California that the foregoing paragraph is true and ca�rect. r WITNESS my hand and official seal. ` Signature (Seal ) � Page F-2 1 +rr+�a.w'vi��A II�YIL L'ME$99A! C�`w:"..c�(`...�`.�'c^.c'�C.rx^:.�Y"c�P'..rC.c'•�`�.[^f>w=r:.<:C`�.�:Ear-.�:i:YS�£`�,.E?:'s�T"..^C'.�:G",.c:K'',c^.C'..s�'k'•C����?'.c�-;..- . , _ -�X':Er.�'r"..c�f.F=!` _ � . _ . . . , . .. --. �(kG7:� �; State of Cal'rfomia '� �: � � ' � Courriy of IQIv,��2.sr /J� ,� � � 4 F On�a��.� i y��o�� be�fore me, U�4� ►�•r✓u N c aJ � � , �' N 14��/ [•llrsLLG � Date Here Insert Name and Title of the fficer � S: .''� � personaNy appeared ►�DU,� �/LfJ � � � Name(s)ot Signer(s) � < .� F r 1 � � � uvho proved fio me on the basis af satisfactory � ;`,. �vidence to be the person(�'j whose name(�'j is/ars_ � �` subscribed to the within instrumerit and aoknowledged � � fo me that he/st�altbay-.Qxecuted Yhe same in �� �a his/lae►#heirauthorizecl capacity(ies},and that by � ,� his/f�xl�aei�. signaturo�) on the instrum�rrt the ;� "` VA�F P.OUNCAN person(�a'), or the errtity upon behalf afi which the �x � '�" Commission� 1911147 person(� acted, executcd the instrumerrt. -� �'` Z;-s� Notary Public-Calitotnie i -� � z `r'" Riverside County � ' ;, ! cartify under P�IUALTY +JF is�RJURY undor the �' � M Comm.Ex ires oct 30,2014 Iaws of the State of Califiornia that the for�going �° < �. ;oaragraph is true and correct. � � '� � ` WITN�SS my hand and vfficial seal. �� � � �;� S � � _�/- `?. Signafur�: _l�,f"�! u��-ca,...—� ,� •'� Place Notary Seal Above �� Signature ot Notary Public � {!� � � Though the iniormation below is not required by law,it may prove valuable to persons relying on the document �� ` and could prevent fraudulent removal and reattachment oi this form to another documerrt. � '� De�co'ipatian�F,I�'tt�ctpe�f ID�t = u � Title or Typ�of Document: b 1 D �SDt-d �OK}L n p���� ; � � Docum�rrt Date: 2-'j - L '� IVumb�r of Pages: � ;" n Signer(s){3thor Than iVamed Above: � h '�'�'�'"'�7��i/��1��7 '� ;� ���� � ; Signer's Name: Signer's IVame: � � s � ❑ Corporate Officor—Title(s): ❑Corporate Officer—Title(s): �; � ,� I�] Individual - =�- ❑Individual �i'" � � ❑ P81�nG�f—C�LIYYtIt@d ❑G�II@Yfll Top of thumb here ❑t'artner—0 Limrt�d ❑Ceneral Top of thumb here � ;;� 0 Attorney in 1=act ❑Attorney in Fact � ; ❑ Trustee [7 Trustee -� �� O Guardian or Consarvator ❑Guardian or Conseroator � A' '. � ❑ Other: L�]Other: 5� � � Signer Is Reproserrting: Signor is�lepr�senting: �' °� ;� , ._..,, , �., ., . , _,,�-,,� ,,.� �n � . „ ,.- .._ .. .- ,_.. _ ,. ,,:� -.:,_ - _ . v ,. .. ��2010 National Notary Association�MatlonalNotary.org�+1•800-US NOTARY(1-800-87&6827) � Item#5907 ____.._ THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attomey Ifmits the acts of those named herein,and they have no authority to bind the Company except(n the manner and to the extent herein stated. Certificate No.5961367 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company � � POWER OF ATTORNEY � KNOWN ALL PERSONS BY THESE PRESENTS: That American fire b Casualty Company and The Ohio Casuaity Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the°Companies"),pursuant to and by auihority herein set forth,does hereby name,constitute and appoint, Frank Morones;Lynn A.Beimer;Richard L.Wells ail of the city of BREA state of CA each individually if there be more ihan one named,its true and lawful attomey-in-fact to make,execute,seal,acknowiedge and deliver,for and on its behalf as surety and as its act and deed,any and ali undertakings,bonds,recognizances and other surety obligaUons,in pursuance of these presents and shall be as binding upon the Companies as'rf they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affxed thereto this 23__« _day of January ,2013 . > _ � � American Fire and Casualty Company -a = y The Ohio Casualty Insurance Company N � ` , Liberty Mutual Insurance Company � -a y ; �. WestAmerican Insurance Company �c � _ � ; � = d '` ' .----- a e �C STATE OF WASHINGTON ss y. Gregory .Davenport,Assistant Secretary C _� COUNTY OF KING c9 C d � On this 23rd day of January , 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American v� c� y Fire and Casuaity Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American insurance Company,and that he,as such,being authorized so to do, �cq �? execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. y W d >to � IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattie,Washington,on the day and year first above written. o a �� d.� �o ,/�n, I• Q M � y By: NV�il.I.GIa.-� �et 0 � KD Riley,Not Public �� L ai 0 3 � o °' . ° E c p This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company,The Ohio Casualry Insurance y � '' Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: t o �..� i c�a ` ARTICLE IV-OFFICERS-Section 12.Power ofAttomey.Any o�cer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p � '�a; to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �,� p c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such aflorneys-in-fact,subject to the limitations set forth in their respective .a z �� powers of attome y,shall have full power to bind t he Corpora tion by t heir signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 'd � ` executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.My pawer or authority granted to any representative or attomey-in-fact under >� ,� � the provisions of this a�ide may be revoked at any time by the Board,the Chairman,the President a by!he officer or officers granting such power or authority. d� �� � ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.My officer of the Company authorized for that purpose in writing by the chairman or the president, `�allo > ` and subject io such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behaif of the Company to make,execute, �N p � seal,acknowledge and deliver as surety any and all undertakings,bonds,reCognizances and othef surety obligations. Such attomeys-in-facl subject to the limitations set forth in their �'_� Z � respective powers of attomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. t>� Certiflcate of Designation-The President of the Com an,actin � ' p y g pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such ~� attomeys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surery any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanicafiy reproduced signature of any assistant secretary of ihe 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 eKect as though manualiy affixed. I,David M.Carey,ihe undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attomey of which Ne foregoing is a fuil,true and correct copy of ihe Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and a�xed the seals of said Companies this 3rd day of Feb ruary ,20 14 By:�,�.��'/ � David M.Carey',Assistant Secretary LMS 12873 092012 186 of 500 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranqe On _ February 2. 2014 betore me, _ Lvnn A. Beimer Natary Public Date Hera InseR Name and Title af the Officer personally appeared Richard L. Weils Name(s)of Signer(s) who proved to m on the basis of satisfactory evidence to be the person�whose name 's/.are subscribed to the within instrument and a�knowledged to me that he she/they executed the�ame in fi�her/their authorized capacity.�i�s}, and that by is er/their signatures�(.�'on the instrument t e .,�,�, LYNN A. BEIMER person�or the entity upon behalf of which the person,(� Commission # 1960927 �; _ Z acted, executed the instrument. a=�u i Notary Public-California z z ��r� Orange County ' My Comm.Expires Dec 16,2015+ 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. � :; ,� , Si�natt�re %�!i�:1 �� ;��,':'/��i'; �" Place Notary Seal Above :� y Signature of Notary Public OPTIONAL Though the infom►ation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and ieattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)C�aimed by Signer(s) Signers Name: Signer's Name: ❑ Individual ❑ Individual O Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner ❑ Partner ❑ Limited ❑ Limited ❑ General � . `�� ❑ General � `� ❑ Attorney in Fact Top oi thumb here 0 Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee 0 Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Company Profile Page 1 of 2 � � , � COMPANY PROFILE Company Profile Company Search Company Information Company Search Results OHIO CASUALTY INSURANCE COMPANY(THE) Company 175 BERKELEY STREET Informatlon BOSTON, MA 02116 Old Company Names Old Company Names Effect(ve Date A9ent for Service Reference Information Agent For Service NAIC Group List KAREN HARRIS Lines of Business C/O GORPORATION SERVICE COMPANY Workers' 2710 GATEWAY OAKS DRIVE, SUITE 150N Compensation SACRAMENTO CA 95833-3505 Compiaint and Request for Action/Appeals Reference Information Contact Information Financlal Statements NAIC#: 24074 PDF's Annual Statements California Company ID#: 5133-4 Quarterly Date Authorized in California: 11/17/2008 Statements Company Complaint License Status: � UNLIMITED-NORMAL� Company Company Type: Property&Casualty Performance& Comparison Data State of Domicile: NEW HAMPSHIRE Company Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group list Find A Company Representative In Your Area NAIC Group#: 0111 LIBERTY MUT GRP View Financial Disclaimer Lines Of Business The company is authorized to transact business withfn these 11nes of insurence. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILIIY MARINE MISCELLANEOUS PLATE GLA55 SPRINKLER SURETY WORKERS'COMPENSATION https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 2/18/2014 7CA 7�1 7nn0 � 1A.A[f./17..wn A'1 �'7 '1/1�A 1 IC CITY OF PALM DESERT CALiFORN1A ADDENDUM N0. 1 2Q74 Slurry Seat Project PRGJECT NO.751-74 CONTRACT NO.C33230 15SUED F�tmwry 12�2014 O CH , P.E. CITY ENGINEER IMPORTANT NOTE:RECEIPT OF THIS ADDENDUM NUST BE ACKNOWLEDGED IN CONTRACTOR'8 PROPOSAL �cn �n� �nno . �/�.CA./1'1�... /1t �7 '1/1�A 'fl� This addendum revises the specification to include more streets. �Replace Page C-2 with attached Page C-2 revised. Replace Page 75 with attached Page 75 revised. Replace the vicinity map with the attached vicinity map The City received two questions regarding the project. Below are the answers to those questions. 1• Wiil the City accept ultra-high pressure water blasting with concurrent vacuum for striping removals as an equal to SandblastinglGrinding? (i.e. Stripe Hog) The City wil!accept"Stripe Hog"as an equal for strjping removals. 2. The specification says, "Any painted stripes or markings with multiple caats of paInt that will not allow the slurry ta adhere to the drlving surtace must be removed prior to slurry seal." This is very subJecBve. Ali of the palnt throughout the project has multiple caats of paint. Who decides what needs to be removed? We recommend a unit price with an estimated quantity. The bidder is responsibie for determining the extent of the stHping removal in accordance with the speciflcatton ta the satisfactlon of the Engineer. LOCATION OF WORK ARTERIALS Gerald Ford Drive —Monterey Avenue to Frank Sinatra Drive Cook Street — Frank Sinatra to I-10 Frank Sinatra Drive — Cook Street to Tamarisk Row Eldorado Drive — Frank Sinatra Drive to Hovley Lane East Oasis Club Drive — Country Club Drive to Hovley Lane East UNIVERSITY PARK AREA Pacific Avenue — Entire Street College Drive — Entire Street Technology Drive — Entire Street University Park Drive — Entire Street OTHERS Miriam way— Entire Street Desert Willow Drive — Entire Street Desert Mirage Drive — Entire Street Market Place — Entire Street Liberty Drive — Entire Street Desert Country Circle — Entire Street Harris Lane — Entire Street Sandpiper Court West — Entire Street San Jose Avenue — Catalina Avenue to Cul-de-sac 1 SAGEWOOD Sagewood Drive — Entire Street Periwinkle Court— Entire Street Moonflower Court— Entire Street Sugarbush Court — Entire Street Orchidtree Court — Entire Street Nolina Court— Entire Street Portulaca Court — Entire Street Silktree Court— Entire Street HOVLEY GARDENS Hovley Gardens Drive — Entire Street Falcon Lane — Entire Street Golden Eagle Lane — Entire Street Verdin Lane — Entire Street King Fisher Circle — Entire Street Warbler Way — Entire Street DESERT ROSE Yellow Sage Drive — Entire Street Kelsey Circle — Entire Street Rockrose Court — Entire Street Kelsey Court— Entire Street Wildflower Lane — Entire Street Blueberry Lane — Entire Street Orange Blossom Lane — Entire Street 2 THE GROVE Royal Canyon Lane — Entire Street Kings Canyon Lane — Entire Street Indian Canyon Lane — Entire Street Hazel Canyon Lane — Entire Street Grand Canyon Lane — Entire Street Silver Canyon Lane — Entire Street EL PASEO AREA EI Paseo — Entire Street Sage Lane — Entire Street Lupine Lane — Highway 111 to EI Paseo San Pablo Avenue — Highway 111 to EI Paseo Larkspur Lane — Entire Street Prickly Pear Lane — Entire Street SOUTH PALM DESERT NEIGHBORHOODS Deep Canyon — Highway 111 to Covered Wagon Trail Ocotillo Drive — EI Paseo to Grapevine Street Verba Santa Drive — Tumbleweed to Highway 74 Shadow Mountain — Portola Avenue to San Luis Rey Drive Joshua Tree Street— San Luis Rey Drive to Tumbleweed Lane Joshua Tree Street— Ironwood Street to Grapevine Street Ephedra Lane — Entire Street Goldenrod Lane — Entire Street Fiddleneck Lane — Entire Street Desert Lily Drive — Entire Street 3 Flagstone Lane — Entire Street Whitestone Lane — Entire Street Frontage Road — from Shadow Mountain Drive to Ambrosia Street Willow Street— Entire Street Purslane Street — Entire Street Bursera Way — Highway 74 to Purslane Street Tamarisk Street— Entire Street (2 sections) Goldflower Street — Entire Street Salt Cedar Street — Entire Street Ambrosia Street — Entire Street Amber Street — Entire Street Sweetbush Lane — Entire Street Deergrass Drive — Entire Street Alamo Drive — Entire Street Princes Plume Lane — Entire Street Calico Cactus Lane — Entire Street Desert Rose Drive — Entire Street Blazing Star Lane — Entire Street Desert Holly Street — Entire Street Golden Bush Court— Entire Street Rose Sage Court — Entire Street Sand Sage Court — Entire Street Heliotrope Drive — Entire Street Calliandra Street — Entire Street Lotus Court— Entire Street 4 Frontage Road — Haystack Road to Homestead Road Somera Road — Frontage Road to Alamo Drive Skyward Way — Frontage Road to Alamo Drive Bel Air Road — Highway 74 to Alamo Drive Homestead Road — Highway 74 to Alamo Drive Ocotillo Drive — Homestead Road to Desert View Drive Desert View Drive — Entire Street Beverly Drive — Entire Street Davis Road — Entire street Prairie Drive — Entire Street Anita Circle — Entire Street Alan Circle — Entire Street White Drive — Entire Street Mesa View Drive — Entire Street ADDITIONAL STREETS Corporate Way — Entire Street 42"d Avenue — Corporate Way to Cook Street Joni Drive —42"d Avenue to Velie Way 5 ____.l::� � ._�_��.,l i"., 1 ' r �� , � i T � ��h s...:��._ ` . 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