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HomeMy WebLinkAboutC29790 - DW Overflow Parking (614-09)Contract No. C29790 CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C29790 FOR CONSTRUCTION OF THE DESERT WILLOW OVERFLOW PARKING LOT PROJECT TO COOLEY CONSTRUCTION, INC., OF HESPERIA, CALIFORNIA, IN THE AMOUNT OF $515,366 (PROJECT NO. 614-09) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Cooley Construction Inc P.O. Box 401810 Hesperia, CA 92340 DATE: July 8, 2010 CONTENTS: Contract Agreement & Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Award Contract No. C29790 for Construction of the Desert Willow Overflow Parking Lot Project to Cooley Construction, Inc., of Hesperia, California, in the amount of $515,366 (Project No. 614-09); and 2. Authorize the Mayor to execute the subject agreement. Funding is available for this project in Redevelopment Agency Account No. 851-4663- 454-4001, Project Area No. 2, Desert Willow Overflow Parking. Backaround The Desert Willow Golf Resort has experienced steady growth since the resort was opened. To accommodate the expansion, the Redevelopment Agency has proposed Staff Report Award Contract C29790 to Cooley Construction, Inc. July 8, 2010 Page 2 of 3 Desert Willow Clubhouse renovations including upgrading the facility's kitchen capacity, parking, outdoor seating accommodations, and outdoor amenities. This expansion will allow Desert Willow to remain competitive with other facilities offering similar event uses. The existing parking lot does not have the capacity to accommodate the vehicles that are expected to be generated by the expansion. Therefore, the City had placed asphalt grindings south of the existing parking lot as a tempor�ry measure to allow for patrons to park in this area. This project is designed to remove the asphalt grinding and replace it with a more permanent parking lot, including driveway approaches, landscaping, lighting, and storm drainage. A call for bids was advertised, and on June 28, 2010, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Cooley Construction, Inc. Granite Construction Company Doug Wall Construction, Inc Dateland Construction Company Libert Construction, Inc Hazard Construction Company Hardy & Harper, Inc Desert Concepts Construction, Inc Location Hesperia, CA Indio, CA Bermuda Dunes, CA Indio, CA La Quinta, CA San Diego, CA Santa Ana, CA Palm Desert, CA Bid Amount $515,366.00 $543,543.00 $559,319.85 $570,260.00 $572,970.00 $574,720.00 $911,000.00 $985,347.40 Cooley Construction, Inc., submitted the lowest responsive bid in the amount of $515,366. Staff recommends that City Council award the contract for construction of the Desert Willow Overflow Parking Lot Project to Cooley Construction, Inc., of Hesperia, CA, California, in the amount of $515,366, and authorize the Mayor to execute the agreement. GIPub WorkslStaff Reports12010Vuty 8101 DeseR Wrllow Parking Lot Award of ContractlSR Award of Contract Desert Willow Parking Lot.doc Staff Report Award Contract C29790 to Cooley Construction, Inc. July 8, 2010 Page3of3 Fiscal Analvsis The parking lot will be maintained with the existing parking lot located at Desert Willow, which is funded by Desert Willow Maintenance Funds. The existing parking lot was last sealed in 2005 for a cost of $12,360. Prepared By: �/z.-. � IV ` Aaron Kulp, P.E., Associate Engineer n McCarthy, ACM ;velopment Agenc Approval: i �� M. Wohlmuth, City Manager ice CITl' COUNCIL ACTiON APPROVED '"� DENiED RECEIVED OTHER MEET G,�A�, � , �� ` �� ����% AYES:�'�.:4 �� " �i /�,,on�l �r J�r ! NOES:��?�- ABSENT: � f� (/i ! ABSTAIN: n�d}�� VERIFIED BY: � CY� Original oa Fi1e with Ci� i�rk's O�ce �� , . l��`�Ci �'r R�A �" � l� ,�S • �C'� U ���F��� Bv �Zt�t; l �1��.- Origir�Hl on file with C�ity Clerk`s r�ffice G:IPubWakslStaff Reports120l0Uuly 8101 Desert Willow Parking Lot Award of ContractlSR Award of Contract Desert Willow Parkrng Lotdoc CONTRACT NO. C29790 AGREEMENT THIS AGREEMENT is made and entered into this 8th day of J�, 2010, by and befinreen City of Palm Desert, California, hereafter cafied "CiTY" and Coolev Construction, Inc. hereinafter called "CONTRACTOR„ WITNESSETH RECITALS: CUNTRACTOR has submitted to CITY its Contractor's Proposal for the construction of ClTY Project, Desert Wi!!ow Overflow Parking Lot, Project No. 614-09, Contract No. 29790, in strict accordance with the Contract Documents identified below, CITY has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (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. Gontractor 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. CONTRACT NO. C29790 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, ciaims, 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 pertorm the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentionai acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and aii iiabiiity, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, iaborers, or any other person, firm or corporation furnishing or supplying wark, services, materials or supp(ies 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 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced befinreen 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 shal! 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. CONTRACT NO. C29790 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 foliowing 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 Catifornia 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 37Q0 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 compiy with such provisions before cammencing 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 sha!! be deemed an original an the date first above written. (Remainder of this page has intenfiona!!y been left b/ank. Signature b/ocks are confained on fhe next page] CONTRACT NO. C29790 CONTRACTOR: BY: Signature to be notarized TITLE: CITY: BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA APPROVED AS T4 C�NTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS State of California ) ) County of ) On before me, personally appeared ATTEST BY: TITLE: ATTEST BY: TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY , 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 Galifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SeaO CONTRACT NO. C29790 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Cooley Construction, Inc. hereinafter designated as the "Principal", a contract for: Desert Willow Overftow Parking Lot Project No. 614-09 Contract No. 29790 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, Coolev Construction. Inc. , the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter ca!!ed the City, in the penal sum of five hundred fifteen thausand, three hundred sixtv-six Dollars ($515.366.00), being 100% af 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 CONDITI�N OF THIS OBLIGATION !S 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 eontract 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. CONTRACT NO. C29790 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been dufy executed by the Principal and Surety above named, on this day of , 2010. SURETY �. PRINCIPAL f:3'�1 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) CONTRACT NO. C29790 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Pa(m Desert (sometimes referred to hereinafter as "Obligee") has awarded to Coolev Construction, inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated Julv 8, 2010 described as follows: Desert Willow Overflow Parking Lot, Project No. 614-09, Contract No. C29790, (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, Coolev Construction, Inc., the undersigned CONTRACTOR, as Principai, 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 natices under Section 3181 of the Cal+fornia Civil Code, in the sum of five hundred fifteen thousand. three hundred sixtv-six Dollars ($515,366), 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, shal! fail to pay for any materials, provisions ar 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 ta 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 pravisions 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 ta 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 vf time, alteration or addition to the terms of the said Contract or to the work to be CONTRACT NO. C29790 performed thereunder or the Specifications accompanying affect its obligations on this bond, and it does hereby waive extension of time, alteration or addition to the terms Specifications. the same shall in any way notice of any such change, of the Contract or to the 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 connecfion 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 WlTNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 . PRINCIPAUCONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature} SURETY: (Typed Name of Surety) By: (Signature af Attorney-in-Fact) (Typed Name and Title) The rate of premium on this bond is $ 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 af authority from the California fnsurance 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 Depar�ment'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) (Typed Name of Attorney-in-Fact) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) C — CONTRACTtJR'S PROPOSAL , t �, � , �� Desert Willaw Overflow Parking Lot Project Na. 614-09 TO: CITY OF PALM DESERT, "CtTY" DATE: Juh� �n i Zo�c� C40Lki CONSiRUCTION, {rIC L1G.34�036 P.Q BOX40l8f0 HESPFAIA, CA 9234Q�1810 BIDDER: rrx,le� Co•�►�..v�-�a.� �Y.;- "Ct�NTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, Desert Wiltow Overflaw Parking �ot, Project No. 614-Q9, hereby proposes to construct the work in accordance with the Contract Dacuments, including Addenda No(s}. vNe' for the amounf stated in this Proposal. By submitting this Proposat, CONTRACTQR agrees witi� CITY: '1. That unless withdrawn in person by CONTRACTOR or some person autharized in writing by CONTRACTOR — not by telephone or telegram — b�fore the time specified in the Notice Inviting Bids for the public opening of bids, #his Propasal constitutes an irrevocable offer for 64 calendar days after that date. � 2. The CITY has the right ta reject any ar a!! Proposals and ta waive any irregularities or informalities contained in a Proposal. 3. That the contract shal� �e awarded oniy by the governing body of CrTY. Said cantract shall only be deemed awarded after the CqNTRACTOR'S complete submissian of a!I contract documents, bonds, insurance documentation, and the `� CITY shalE abtain afl necessary signatures of the governing body, at which time �-� the contract shall be deemed awarded. �: 4. Ta submit to CITY such information as CITY may require to determine the Bidder's �nancial standing experience and to perform the work. ' S. That the accompanying certifi�d or cashier's check or Bid Bond canstitutes a guarantee that if awarded the contract, CONTRACTOR will sxecute fhe Agreement and deliver the required bonds and certificates of insurance within 10 , days after notice of award. If CONTRACTaR fails to execute and deliver said � documents, the check or bond is ta be charged with the costs of the resuttant damages to CITY, inctuding but nat timited to publication costs, the difference in money between tt�e amount bid and the amo�rnt in excess af the bid which costs � CITY to do or cause to be done the work involved, lease and r�ntal costs, additiona! salaries and averhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost af maintaining or construction altemate facilities occasioned by the failure to execute and d�liver said dacuments. ' Page C-1 i �; ii �� ., � W, J �ti ii ., It is understood that the quantities shown hereon, except for those quantities marked Lump Sum , are estimates and the final payment will be based upon the actual work „ �, performed, subject to such adjustment and alterations as elsewhere provided herein. � � , . < % , ;, ; , , � ,'. r �'" ` a �' � �,t a �" ' �kv+"�t�y y �'i�� ,'� r'� ' nkF /�'yt , rA' j� �+ , /�I� � �" S �t✓ ���y �4+&4 ' ' � . � aw i�+����`5���'�� ��" ,�pa f��� 11rlf�� �.i1'f� V�� F '` ti ����`, . , ,,. „ . �` �W�� . y pr+wr �`�,„rt� �,c"d'}1 5,.73'. f� t.���tS�� Y.i�n. , a � , vn � , , � � , ' . ,�. , � �. . ,.. • �.� *k h�, �N . �. , hE� <r , � ,,k'�' . , � ' � � - 1 2 3 4 5 6 7 8 9 10 11 12 13 1e1 15 16 17 18 Mobilization Ciearing and Grubbing Storm Water Pollutian Prevention Plan Earthwo�lc: Unciassified Excavation Concrete Sidewalk Reconstruct Concrete Driveway Ciass 2 Aggregate Base (4") Asphalt Concrete {3") Pressure Treated Header Signing and striping LS � LS , LS ` CY SF EA CY SF LF LS SF EA EA EA LF EA �F LS 1 1 1 4,000 75 2 1,250 90�000 4,OQ0 1 720 13 4 18 400 1 aoo 1 3�,�t�o.oa 3�s,�oo.o� Zff, loGO. �fl ZfS, IvLX� _ �O 13, 200.� /3, ZOO.oO (� . y0 Z S,1000 •40 /f�• `' jc� i,3 is0 .0� �pr3D0. EaQ 1 Z�oOD .00 yy. o� 55, vo0 . o0 �.3z. i �� �s. �oo. o0 �. y�' ��,�oo.o� 12. �£�D• D� /2�OOD -�O �3. Nv 9,t�4 � . o� �jr3,5p.0� S�,ss� •oo Z,9fi0.�� t1,(�OO.Oo 2.,�.0o y,��s.o� I /�l.�t� ��.40 �3..5£;O.Oc7 �,,F'-'�,SDp.� /O-1�t7 �,�s�. Dc'J �l3,`f�.oa I y3.y�.� � s��J ���s �v OOOi�I CONSTRUC'�ON� tNC iJC.398038 �.e�ca��a iiSPE�A,CA9Z3A�1810 Infiltration Trench Street Li�ht Bollard Light Street Li�ht Pull Box 2" PVC irrigation Sleeve Trash Enclosure Split Rail Fence Landscape and Irrigation TOTAL BID PRICE Page G2 The costs of any work shown or required in the Pians and Specifications, but not specifically identifisd as a Pay item are included in the related Pay Item(s), and no � additionai compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with #he Plans and Specifications. , TOTAL AMOUNT BASE B!D IN FIGURES $ Si S, ���i . QC�, " TOTAL AMOUNT BAS BtD tN Wt3RDS f►vc: /-�isn�az�o F�cre�-a� i�usau►� `! N S��cty-St �t i a.u�2s f�nat5 rvn 1��,� IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Paqe C-9: ,: �# �� l� By: `�_...�./....._�.� Signature Title: �c-�,-��.e�c� CONTRACTOR State of California ) } Caunty of �'JanQ��ncsc� �no ) �' Subscribed and swarn ta (or affirmed) before me on ihis I��.,ciay of -�t,�ne fmonth), ao � o (yearj, by Pn ��1 � Cac�4��� � . , proved to me on the basis of satisfactory evidence to be the person(s) who r appeared before me. �� `� Signature of Notary ���r ..,���. �;i iSeal of NotarY) i.; r + � KAREN M. fF1AC1�LiORD� Cprynrluion � 17�101• � Notory Publle - caWtotnio � Scn inr►aroMa CouMY � Mrppirre,E�,�MtAcr11�011 � �� W'NIW�1�n�Wp1�V�p� yy.�}101h7o Pa�c4me�a t�,ca��s�o Page C-3 �, f ") �4 4 ;i !1 � �� e; t� r5 1_1 t l D— INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address IZ5 2� ,��jT ,� �.i,,�.�-1 �-lcsc«.,�c� cs. 4�-3vs (2) Telephone No. (-r t,oi 9�f d� -g�1v� (3) Type of Firm (lndividual, Partnership or Corporation) �,> Pp, �,�,o� (4) Corporation organized under the laws of the State of �/,�,.N ,�, 5 Contractor's License No. 3yt��� � ( ) 3fs Exp. Date ��r.� �. a' � .�.�i* Contractar hereby swears under penaity of perjury that this information provided fs true and correct. 8y:� 1 Title: �c�„�4�t-�� Signature Contractar (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporatian: � � / r2 �;, l�-i /✓ - Pies . � _ e.4 .� - . ���T� �Ni.C�S '� �� /.Stc �tCA.(.�/C. ,,fr'� c�-t� r�liH�� IS -✓ I-r-.,.�S �i.�..�_.� : G� (7) Number of ysars' experience as a Contractor in construction work 33 (8) List at least three similar projects comptefed recently: Contract Amount Class of Work Date Completed Name, Address & �. �-�95 7, i S�/ • S,� 2. 2, t � S o yv .'-1 c. 3. ' g �3�3 , �y� 4a �ys .e- � Zw���GVGNA�.:,.'�' 1"ltw.6i�+ Z.P ICi Sk--« "t' �... n -.. � � .� �.,. l-c 5�,,.., +- 2wt� vs.c�.�+c��� Telephone No. of Owner �l� G'i" N'lS�C��C. C � t.� c>> 9y 7-! H7 �l cc..,.•+y o-� Q�.,�-s..l� 0�.�-. �.cc,�i ( 9 5/� � S � t. )8� y«. 3... .. �.. �.. �, c �,, .•-�v a�y 2;��� ��c�� � 387 ` 1�'�.0 C00lEYCQN$iRUC114N, INC LIC. S�8 Page D- 9 P.Q801(40f8i� H�A,CA92�iur. ' (9) List the names and addresses of each Subcontractor who will perForm work in or about the work improvement, and indicate what portion of the work wil! be done , by each Subcontractor. ` � Subcontractor's Name: Sr �+u.rR ` License Number: N�(� �S�.z��� ., Address: iI �� z 4 �� �. C_f� � Telephone:�'�o - 9�Z - i ►oS � Work to be performed: ��z� �: Y 1 t Subaontractar's Name: 14oi��.o Po�Trr�,�cr�o� ('� License Number. 53�32q ,� Address: C�tw�,, CA � Telephone: q�i� -�r�s� - �s��� ` Work to be performed:�,� �o,x�t�e � Subcontracto�'s Name: YF,�v�lVGi S LRNACl.�12-IlJC7 , License Number: ��,3 � �.1 Address: �2wi , A4. C�, � ., L3 Telephone: 7fo� -39 g -�gS`/ . Work to be performed: C,��tr���cT %�.�. ,�no �i'6�rra�� ('10) List the name of the person who inspected the site of the proposed work for your firm ,�N �Oa� Y (11 j 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. COOLEY t�NSTRUCTION, �NC UC.34803B Page D-2 R0.e0X�t8�o �A, CA9Z9�10-1810 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what po�tion of the work will be done by each Subcontractor. Subcontractor's Name: �,�2�a� 1-�c�F�c 1;r �--�t-rz���a�, �o��rt�x� License Number: zs �0 �! f� Address: ,1�i�uc.-itsc(�,��t Tetephone: `fi5 t- �''�'�f -1 y t t� Work to be performed: � �c-crrt.� � Subcontractor's Name: �� Z� cw�,�.� ��,r- (-',Znrr„�,r License Number: ����� ST �D B � Address: f�cs�c-ic� Q , CA- Telephone: 7�D -9'y �' � ZY t � Work to be performed: rc�c„�G Subcontractor's Name: c' �rr�nc�ru��c L.�Nasc�.���w License Number: 571� 1 S� Address: �� �rtu�7' G� Telepiione:a�OO � Z`�D � � c7 Work to be performed:����, a�C> . (10) List the name of the person who inspected the site of the proposed work for your firm t3c; N Coo�t� (11) A financiai statement or other iRformation and reterences su�ciently comprehensive to permit an appraisai ot your current financia! condition may be required by #he City. COOLEY CO�� � I.IC.318038 Page D-2 P.0.�0t4o1810 F�1, CAp9�i8'10 (9) List the names and addresses af each Subcontractor who wiil perform work in or about the work improvement, and indicate what portion of the woric will be done by each Subcontractor. Subcontractor's Name:� �kfty'MOunr'��.� l'I�R-sbw2� License Number: �-/3 y3 S� Address: (�r�rq�i2a�. ��4 Telephone: �'✓ �' "3Y � • �-/Z..�' � Work to be performed:l'Ylli«�,z�' Subcontractor's Name: !Z -Lae"�A�r�xs�9c-, Lrrr Sc.�2v�►Gr�' License Number: ���57 Address: �Or2r . f,Ft Teleph4ne: gD4 - S"J8' - �jZ,�C Work to be performed�► t�i�lG-� Subco�tractor's Name: License Number: Address: Telephone: Work to be performed: (10) List the name of the person who inspected the site of the proposed work for your firm .13c.,� �t r (11) A financial statement or other informatio� and re#erences sufficiently comprehensive to permit an appraisa! of yaur current financial condition may be required by the City. CQOLEIf CONSTRlI�t10N, � IJC.34�38 Page D-2 �'���a FI�pfAlp, CJ19�1810 . ; E — NON-COLLUSION AFFIDAVIT � To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) � � c n ) SS ' COUNTY OF o� Uc�nc� �,r� �l �1 l� �; � ra� coo�c coNsrRucno�, urc �.� P.Q801(401810 1�A,CAY�1810 F^; ,,1 �, �,��� „: �:I~�'' , being first dufy swom, depases and says that hetshe is ,-; c:, c-;�t of � the party making the faregoing bid; that the bid is nat made in e interest of, or on beha{f of any undisclosed person, partnership, company, assaciation, organization, or corporation; that the bid is genuine and not collusive ar sham; that the bidder has not directly or indirectfy induced or solicited any ather bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyane else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directiy or indirect{y, 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, direct{y or indirectly, submitted his or her 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 corporaiion, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. By: �.�1____._. Signature Title: �cs <<lK��� CONTRACTOR State of Californi County of `����h .t� Subscribed and swom to (or a� ed), b%�fo �e m�e this f`i`�.day of -�iu� e (month), 20 2-0 n(year), by �, {'�. IlC"1VG�-�' ., proved to me on the basis of satisfactory evidence to be the person who appeared before me. ti Signature of Notary: �,�,,�,�,; 1�� ,`r�;��.:,��, _r� Notary Public in and for said County and State � (seal of notar ) W+ � � M. awc��oao Page E-1 co��on s i�a�au � Mao�, h�Wc • caM�en+a � � ian Nnwtdn0 CouiM� Mrf�amR. / F — BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, 7hat we, Cooley Conswction, inc. as principai, and Fidelity and Depos� Campany of Maryland 8S SUfety, are heid and firmly bound unto the City of Palm Desert in the sum of $���d.���� (10% of bid) to be paid to the said City or its certain attomey, its successors and assigns; for which payment, weli and truly to be made� we bind ourselves, our heirs, executors and administrators, successors or assigns, joinUy and severaily, firmly by these presents. THE CONOITION OF THlS OBLiGATION iS SUCH, that if the certain proposai of the above bounden principal to perform certain work described as foilows: This project wiil consist af construction of a temparary overflow parking lot at the Desert Willow Ciubhause. The praject wili remove the existing aspfiaft grinding and base as necessary to construct a new asphalt surface with adequate base. The wili aiso include the instailation of site lighting and landscaping and dated June 28, 20�o is accepted by the City of Palm Desert, and if the above bounden principa! coo�ey construction, lnc. g���� duiy enter into and execute a contract for such construdion, and shall execute and deliver the Performance Bond and Payrnent Bond and insurance certificates as required by said contract, then this obligation shali become nuii 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 attomey's fees, shatl be awarded to the prevailing party. Page F-1 IN WiTNESS WHEREOF, We hereunto set our Hands a�d Seals this �ah day of June 2010 . � � �, , -i ,' �,,' 1 r;.�. _ t. <: r"—I -� "+� "s c� �:_ � •� � T'R'Ct. f �r ", ¢' � Contractor's Name: Cooley Conat►uction, �nc ContracEor's Signature: l ,.�' � Title: 1-�,< <,,,�,,.-�- AddteSS: 17525 Eucatyptus Street, Suite G, Hesperia, CA 92345 ! T@I@ph0(1@: 760 848 8421 � Surety'S Name: Fidelity and Qeposit Company of Maryland Surery's Signature: �� � Titie: eetty !. Toientino, Attome -in-fact AddfeSS: 560 Mission Street, San Franasco, CA 54105 Telephone: 4f5.538 7363 Page F-2 CALIFORNIA AL4PURPOSE ACKNOWLEDGMENT State of Ca!lfarnla ���y af San Franc�sco pn Sune 1Q, 2010 �prg �e� vrgirna ! Ledford-Black, Notary PuW� ow �. uwn n«�e w s., m a. on� �o�y �� Betty L Tolentino nwro(y ot sqn�t� �VIRGINIA L, lEDFOR[1.BlAC� '" C�MM. �2836592 ro a � • NSAN FRANC SCO Cp�UNTY A� y r y y y MY Comm• E�cp�res feb. 15, 2013 � � . r � . r . r y y � ���� who proved Da me on N�e basis of satis�ctory evidence to be fhe perscsn(s) wiw�s narne{s) islare subscnbed to the wlthin fnstrumani and acknowledged to me that he/shaAhey eocea�ted the same !n his/her/th�efr eud�orizsd capaaty(Ees}, arxt ihat by his/t�edlhek stgnature(s) o� the instrumeM the person(s), ar the enifty upon behalf of which the person(s) acted, e�cecuted the �stn�ment 1 certHy under PENALTY OF PERJUE�'Y trnder the laws of !he State of Califomia that ihe foregoing paragraph is true arnS carrect. WITNESS my hand and vEficiat seal. _ ,,, � l si�nature �-�-;� �.� i�� tr:��,, c��t l.�Ct.{ � OPT1pNAL rno�n me x�aamara„ oe� ►e nw n��rrred by �a�s a,►,� �oYe �awa ro�.so.�s rsry�y a, rr� ��c and QouAdpre►,anr dauandenr removur ana �icec�hman ol rMs ram A� arwrher esoa,meht Descrlpilon of Aliached pocumeM Tttle ar 7ype of DocumeM: Documeni Date: Slgne�(e) OtherThan Named Above: CapecilY(ies) Ctaimed by Sf9�i$i signePs t�eme: o rr�dt�t� ❑ Corporate Otficer — Tide(s): p Partner -- p Limited D Generat O Atrorney (n Fed Q 7Fu61Be 0 Guardlan or Conservator O Olher: Signer IS RepreseMlrg. Number oi Pages: Signet's Name: o a►�,nd�i C] Corporata Offk;er — TfUe(s): . O Partner -- O Limited [ 1 C�ienerai O Attaney in Fact rop w munw n«s p Tn�tee D Cioatdlan or Conservator O Other: Signer is Representing� Top d �umb Mm �IdC,11.�114 li4'�IAY�1 � 41��.il:�lli II{�J11 Il��ll��lii�l: i�!Iry l,��ilii�l � Il��liil�li'��i ���Il���lli�ili��ilyllili�li.�l�i�lll� 1�,4li1�J 'Lh�l i��liM1 1 i i�•I i�l i II,�L i� I ��LIi�Ai�•ui� 07miWrRfdN�py�NObMlon�$ibflQ�3ah/Mt�P0.90e1810��QWwRR►CA@1Si9�21��PiUIWA�blqM�pf�tpl9 MMn#A77 HIm�IvCtlim{I9Y�i�OM76mi Power of Attorney FlDEUTY AND DEPOSIT COMPANY OF NIARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FID�LITY AND DEFOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of suthoriry granted by Article Vl, Section 2, of the By-Laws of said y, which are set forth on the reverse side haeof and aze hereby certified to be in full force and effect on the 1 ereby nominate, constitute and appaint Susao HECKER, Jaoet C. ROJO, Betty L. TO �" aarcen O'CONNELL, J.M. ALBADA, Brisn F. COOPER, Robert P. WRiXON A ' cisco, Califorois, EACH its true and lawful agent and Attarney-in-F �� e , and on its behalf as surety, and as iu act and deed: any and a!t bonds , an c bonds ar undertakings in pursuance of these presents, shall be as bind' �5�� Y, to ali intents and purposes, as if they had been duly executed and d �1 ers of the Company at its office in Baltimore, Md., in their own proper persons. wer s that issued on behalf of Susan HECKER, Janet C. ROJO, $etty L. TOLENTINO, M. N����� 4NNELL, J.M. ALBADA, Brian F. COOPER, Robert P. WRIXON, dated July 14, 2008. �l�J�•�' The said Assisqm Secretary does hereby certify that the exdact set forth on tt�e reverse side hereof is a true copy of Article YI, Section 2, of d�e By-Laws of said Company, and is now in force. IN Wt?NESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of tlte said FIDELiTY AND DEPOSIT COMPANY OF MARYLAND, this i5th day of October, A.D. 2008. ATTEST: �/'p GEP���i •.� �V� p .+ yrr� t ♦ � � ,? 4 State of Maryland j Ss: Bahimore County j FI�ELlTY AND DEPOSIT COMPANY OF MARYLAND � �' i��-- sy: ��lv P� v� / Eric D. Barnes Assistant Secretory Theodore G. Martinez On this i 5th day of October, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary ot'the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally knoum to be the individuals and oP�cers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said ofiicers of the Company aforesaid, and that the seal affxed to the pr9eceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly afiixed and subscribed to the said instrument by the suthority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and af�'ixed my Official Seal the day and year first above written. '�� ����N � ��� �� e; +,pe�°r �'4 �,.•� c �� ` �����:�r .�, �"+fE �rti' .dt� � /' � ► Dennis R. Hayden Nntary Public My Commission Expires: February 15, 2013 POA-F 016-0511 C EXTRACT FROM BY-LAWS OF FIDEUTY AND DEPOSIT COAAPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents speciatty authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of tfie Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreemenu, deeds, and releases and assignmeats of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTiFlCATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attomey is stiil in full force and effect on the date of this certifcate; and I do further certify that the Vice-President who executed the said Power of Attomey was one of the additiona! Vice-Presidents specially authoriud by the Board of Directors to appoint any Attorney-in-Fact as provided isi Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOS[T COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resofution of the Boazd of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a�neeting duly called and held an the 16th day of May, t990. RESOLVED: "That the facsimiie or mechanically reproduced seal of the company and facsimile �r mechanically reproduced sig,nature of any Vice-President, Secretary, or Assistant S+ecretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certifted copy of any power of attorney issued by ihe Campany, shail be valid and binding upon the Company wikh the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this lOth day of June , 2010 �� �� � A.uistanr Secrerary ACKNOWLEDGMENT State of C�lifornia County of San Bernardino On �►�ne 14, 2010 before me, Karen M ShaGcelford, Notary Public (insert �ame and title of the o�cerj pe�sonally appeared Paul R Cooley Jr. , who proved to me on the basis of satisfactory evidence to be the rson,(�} whose name(�i�larc �ubscribed to the within instrument and acknowled ed to me ttrat(he�sl�e/�rep� executed the same in �hi��eNtfieirauthorized capacity(ies}, and that b}(h$� signature(s}on the instrument the person(gj, or fhe entiry upon behaif of which the person(.ej acted, executed the instniment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and coRect. WITNESS my hand and official seal. � commwwn � 17aK�iois � � Nw°n ruouc ' callortia � � fan Nmor�no co�ty NlyConnt.BidtMMt11,�11 � Signature�`�,,�,,,`�,,�.asZ. ��„j� (5eal) � �i-14-18 1f►.b4 ry: I CITY OF PAl.M DESERT CA1.IFf�RNiA �4DDENDUA� NO. 1 DESERT WIi.LOW OVERFLOW PARKING LOT PRtJJEC7 PROJECT NQ. 61409 tSSUED June i4, 2tl10 � � �BO CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: REGEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONSULTANTS PROPOSAl. ' _ Addendum No.1 icib—iy—is �.v Desert Wfltaw Overflow Parking Lot y : .. This addendum seeks ta darffy written questions received. 1. Question: Answer. 2. �uestion: Is (3) #10 AWG adequate for #he length and wire and Ilght fixttues as siwv�m on the ptans? The contractor st�all inst�l (3) #8 AWG, and (� )#8 AWG equipmerrt ground. The tegend an the Irrigatian Plan and Detail 10 on the Plsnting/lrrigatfon Details sheet appears to conflictfng? Answer. The layout shown in the legend on the frrigation Ptan takes precedence over the standard detalL The standarc! detaii is shown for clarification purpases only. 3. Question: Answer: 4. l.tUeSUa11: Answer. The Irrigation !s al! reclsimed water. Should a green valve box be utiiized per the startdard detall 018 on sheet 8? The contractor shali be required to utHize a purpie valve box. At wnat lacatton shall the dcip emitter be piaced on detalt 025 0!1 SF18@� 8'� The emitter sha�l be tocated orr ti�e hfgh side of the piant a minimum of 9" away from the edge of the root ball. 5. Questlon: The specffications indicate that dett�mpressed-granite (DG) wip be required, but the Iocabon is no# fndicat� on the pians; where wiil DG be required? Answer. DG witl be �equ(red. per the specffica�ons, in atl tandscape areas, except outside the spftt rad fence. Na�ve sand shall be utitized outside the split rai! fence, 6. 7. Questlon: The plans indicate that the Clty shail provide the boulder and patm t�ees; will these be detivered to the site? Answer. The boulders and palm trees bath are tocated at the City's hoiding yaRl, The cantractor shail be respansibie for transporting them fr�am the holdfng yaM to the job stte. The City's holding yard is loc:ated abng Portola Avenue between Country Club Drive and Frank Sinatra Drive. Question: IRigation sleeves shown an plan are 2" pipe and in the spec book it cails for 3" pipe, which size will be required? Page 2 of 4 Addendum No.1 .... sT�' �" 'J�' 8. Answer. Desert WNlow Ovetflow Parlcing Lot The irrigation sleeves shali be 3" pe� the speci�cadons. ,-v- . Questton: Is it comect that there wi� be i-3" and 2-2" condu�ts from pu!! tmx to pull box at �ach light and 2-2" into base of light pole from pull box? Answe� 9. Questton: A�swer. 10. Question: Answer. Yes, the 3" is only provided for future u�e as is ane of the 2" conduits. Both 2" shaii be n�n inta the base of the Ifght pole from the pull box. One w'rth wlres and one with mu(e tape. Can the existlng sptit rail fencing that is ta be removed, be reused an the proJect? The existing split rall fenc� can be utitized ifi the fence is in new or like new candition once it has been rainstalled. The ptans show stakes 4' on center for tha header, bLt the speciflcations say 6'. Can yc�u ptease ctarify? The stakes shall be Instatied per the plans at 4' on center. 11. Ctusstion: The plans ar�d specia! provisions contradict what will be re+quired for the perfotated pipe in tt� ir�iltration trenches. Can you please clarlfy? Answer. The observation weli pipe shall be a 6" dlameter PVC Schedule 40 pipe. 12. Question: The 10 AM bid dme is a difficult timme to get a bid organlzed on a Monday moming. Can the time be postponed to 1 ar 2 pm? Answer. No, the 1 Q AM bid time is se� 13. Question: Section 2.3 in the specfficatbns states that the excess excavated materiat may be d(sposed of within the pro)ect site, as approved and dir�ect�d by the Const�uuction Manager. Can a� the dirt that is gerierated from the grading �rocess be !eft on site? Answer. 14. Question: The �inal grades shail be as shown on the pians; therefore, most of the excavated dirt shall need t� be disposed of offsite. Can the existing parking lot be pulverized and reused as the 6ase sectlon fa� the parking lot? Page 3 of 4 Addendum No.1 Desert Wqlaw Overflow Parlctng Lat Answer. The existing grind'mgs loceted ansite can be uti�zed within the bottom 2" of the base sectlon; twvvever� aii native soit snau be �emo�ea. 15. Quesfion: Is there a deiail for the tighted bollards? Answer, No. The foundation shali be a 12"x12" and 18" deep. The anchor botts shail be per the manufacturer: Faur 3/8" x 9 Q" + 2" zinc plated J-boits, each with two nuts, washers and a rlgid pressed board tempiate. Af{ additiona{ details are avai{ab4e from the manufacturer. Page 4 of 4 i € J r I 11 FRANK SINATRA DR t 21111 ti. t s . s,.��. -.-•-�. , MGM '" � -r �+ u �. � -0 lip 44 s > PROJECT LOCATION ol !i o ...ter - ., = ht COUNTRY CLUB DR ! rv rt t � � r f r , c' DESERT WILLOW OVERFLOW PARKING LOT SCALE: N TS VICINITY MAP DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT DATE: 8/2010