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HomeMy WebLinkAbout9/15/1999 - STAFF REPORTS (22) DATE: September 15, 1999 TO: City Council FROM: City Engineer and Director of Facilities RUTH HARDY PARK AND SUNRISE PARK PLAYGROUND RENOVATIONS RECOMMENDATION, That the City Council award contract to Fleming Environmental, Inc., in the amount of$146,691.00, for Schedules A and B, for the Ruth Hardy Park and Sunrise Park Playground Renovations, City Project No. 97-34 BACKGROUND: The 1998 Capital Improvement Program included funds for the replacement of Play Equipment located at Ruth Hardy Park. At that time, staff began to work with various play equipment manufacturers to evaluate the type of equipment which would meet the needs of the Ruth Hardy Park location. Shortly thereafter, The Parks and Recreation Division was approached by the Variety Children's Charities of the Desert (VCCD)regarding the possible donation of additional equipment to the City for Sunrise Plaza Park. The addition of this second project caused staff to re-evaluate the scope of the Ruth Hardy project which led to the logical combination of both projects. During the design process, VCCD changed membership among its Board of Directors and caused a slight delay for both of the planned projects. In January of 1999, the manufacturer of choice for both of the city's projects under consideration, Nude Equipment Sales, was granted a state contract on the State of California's Multiple Award Schedule. Within a short period thereafter, VCCD donated the funds directly to the City of Palm Springs for the purchase of the equipment and staff began coordinating development of bid specifications for the current project based upon these new developments in the project. At the July 28, 1999 City Council Meeting, Miracle Playground Sales was awarded the purchase of equipment for both Ruth Hardy Park and Sunrise Plaza Park by the City Council off of the State of California Multiple Award Schedule. Plans and bid specifications for this contract were developed by the city's consultant, Anthony Mendoza of V2C Group, Inc., for a combined project which will install the city purchased equipment from Miracle and complete the play equipment replacement needs for both park play areas. The project consisted of three bid schedules: Schedule A consisted of improvements at Ruth Hardy Park, Schedule B consisted of improvements at Sunrise Park, and Schedule C consisted of optional concrete sidewalk construction at Ruth Hardy Park. Bid Schedules A and B comprised the base bid. On August 20 and 27, 1999, the project was advertised for bids and, at 2:15 p.m. on September 7, 1999, the Procurement Division received bids from the following contractors: Fleming Environmental,Inc. „ Ruth Hardy&Sunrise Park Playground Renovation,CP97-34 AGREEMENT#4142 M06489,9-15-99 Related ;21nc rrc - AGREEMENT �U "_ 7<j •-.� I r C THIS AGREEMENT made this aj��r day of `la�J� AA_ 1, tc. in the year 19 by and between the City of Palm Springs,a Charter City,organized and existing in the County of Riverside,under and by virtue of the laws of the State of California,hereinafter designated as the City.and Fleming Environmental , Inc. hereinafter designated as the CONTRACTOR. The City and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1 -THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: RUTH HARDY PARK at SUNRISE PARK PLAYGROUND RENOVATIONS CITY PROJECT NO.97-34 The Work is generally described as follows: Construction of new playground Improvements and installation and new playground equipment. ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss it the Work is not completed within the time specified in Artrde 2, herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City of the Work is rat completed on time. Accordingly;instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay (but rat as a pensky)the Contractor shall pay the City the sum of $425.00 for each calendar day that expires after the time specified in Article 2,herein. ARTICLE 3-CONTRACT PRICE The City shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Priests)named in the Contractor's Bid and Bid Schedulels). ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule. the Schedule of Values, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement. Worker's Compensation Certificate. Performance Bond, Payment Bond, Notice of Award. Notice to Proceed. Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract, Technical Specifications. Drawings Hated in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings, Addenda numbers —1— to —2— , inclusive, and all Change Orders, and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE S-PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions and the Supplementary General Conditions. Applications for Payment will be processed by the Engineer or the City as provide ur aheCATE General Conditions. f L ORIGWAL RUTH HAR13Y PARK &SUNRISE PARK AGREEMENT FORM PLAYGROUND RENOVATIONS CITY PROJECT NO 97.34 AGREEMENT&BONDS•PAGE 1 8116199 CITY OF PALM SPRINGS �V NOTICE INVITING BIDS For constructing the Ruth Hardy Park & Sunrise Park Playground Renovations Project 97-34 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Ruth Hardy Park & Sunrise Park Playground Renovations will be received at the office of the Procurement Manager of the City of Palm Springs, California, until 2:15 P.M. on September 7, 1999, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises construction of new playground improvements and installation of new playground equipment. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the basis of the total of Bid Schedules A and B inclusive, and reject all other bids, as it may best serve the interest of the City. The Bidder shall bid on all Bid Schedules included in the Bid Documents. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. 9-4 BID SECMtXTY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the sum of Bid Schedule A and Bid Schedule B, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A, or Class C27, or Class C61/D34 Contractor license at the time of submitting bids. N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 PRE-BID VISIT TO WORK SITE: Prospective bidders are strongly encouraged to attend a pre-bid walk through of the proposed work site(s) and existing facilities which will be conducted by the City at 10:00 A.M. on Wednesday, September 1, 1999. Failure to participate in the pre-bid walk though may disqualify a bidder as non-responsive. N-10 OBTAINMG OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $25.00 dollars per set and are obtainable from the office of the City Engineer, 3200 RUTH HARDY PARK Q SUNRISE PARK NOTICE 94MNO BIDS PLAYGROUND RENOVATIONS PAGE 1 CITY PROJECT NO.97-34 e/18/99 aVic"iT East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. (c) An additional fee of $15.00 will be charged for sets of documents sent by mail. M-11 ADDRESS AND MARICENG OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For. ." followed by the title of the Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF T E CITY OF PALM SPRINGS Date �� �� 1919_ CITY OF PALM SPRINGS By David J. Barakian, PE City Engineer City of Palm Springs RUTH HARDY PARK 6 SUNRISE PARK NOTICE INVITING BIDS PLAYGROUND RENOVATIONS CITY PROJECT NO.97-34 PAGE 2 W16199 FLEMING ENVIRONMENTAL INCORPORATED 6130 Valley View St. • Buena Park,CA 90620-1030 • 714/228-0935 • Fax 714/228-9231 Ai0i � License#746017 September 29, 1999 City ofPalm Springs P.O.Box 2743 Palm Springs,Ca. 92263-2743 Attn: Ms.Patricia A. Sanders Ref Ruth Hardy Park&Sunrise Park Playground Renovations,CP97-34,A4142 Dear Ms. Sanders, Please find enclosed four complete sets of contracts for the above referenced project. Also,attached are the Certificate of Insurance naming Palm Springs as Additional Insured. Your cooperation on this matter is greatly appreciated and if you have any questions,please feel free to call me. r ly, '��l J ce Presi t Environmental Solutions fora Better Tomorrow O� PALM Sp City of Palm Springs ' Office of the City Clerk 32007bhqunz Canyon Way• palm Springs,Cahfornm 92262 Cqt t FOILN�P TEL:(760)323-8204•TDD:(760)864.9527 September 25, 1999 Fleming Environmental, Inc. NOTICE OF AWARD 6130 Valley View Street Buena Park, CA 9W20-1030 RUTH HARDY PARK&SUNRISE PARK PLAYGROUND RENOVATIONS, CP97-34,A4142 Enclosed for execution are one complete and four sets of the contract pages for the above work which was awarded by the City Council on September 15, 1999,by Minute Order 6489, Agreement#4142, for$146,691. Please sign and return to this office together with: 1. Performance Bond in the amount of$146,691. 2. Payment Bond in the amount of$146,691. 3. Certificates of Insurance, NAMING THE CITY OF PALM SPRINGS AS ADDITIONAL INSURED; a) Comprehensive General Liability with bodily injury, including completed operations, products liability, and wrongful death, $1,000,000 each occurrence; or an annual aggregate of$1,000.000; property damage including explosion, collapse, and underground coverages, $1,000,000 each occurrence; or annual aggregate of$1,000,000, personal injury with employment excusion delete, $1,000,000 annual aggregate, b) Automobile Liability, bodily injury including wrongful death, of $1,000,000 each person, and $1,000,000 each occurrence; and property damage of$1,000,000 each occurrence or combined single limit of$1,000,000, and c) Workers Compensation of statutory amount or minimum $1,000,000. It is further required that the Insurance Certificate Cancellation Clause reads as follows: 'Shourd any of the above described Policies be cancelled before the expiration date thereof the itsukg comPan WX mm7 30 days written notice to the below-named eernfrcate holder." 4. Notary with appropriate acknowledgment forms on all signature pages, i.e., Agent, Performance Bond and Payment Bond on all four(4)copies. The complete contract is for your SURETY, together with a copy of this letter. All documents are tube returned to this office by October 4, 1999. The CONTRACT and PERFORMANCEIPAYMENT Bond will be dated at the time it is executed on behalf of the City. PATRICIA A. SANDERS City Clerk Enclosures cc: Engineering Surety Tom Cartwright Post Office Box 2743 0 Palm Springs, California 92263-2743 VENDORS k o �, a• °4(I/SJ eL PUBLIC WORKS CONTRACTS BID RESULT CHECK UST FOR clry txERK OFFICE t pie AGR# { f /A •AMOUNT City Project No: Mo# 6;.�' V1 DATE Dates Published: DIV IND APP NOTICE Y ON ❑ Bid Date & Time: 2-15' PIA PROJECT: tSUCCESSFUL: 1. V rim LAir-•6. 2. 4-1^a�vl, IN c-. 7. 3. 8. 4. 8. u�� p� 5. 10. IN�:nel WHY: CONTRACTOR BACKGROUND CHECK: Required? Y [IN ElWTfACH IF nroweol Affidavit of Non-Collusion Signed & Notarized? Y N ❑ Information required of bidder page completed? Y N ❑ Type& Amount of Insurance Required: Contractors License No. �'rlor�I7 Typelsl Status ` No. of days to complete work 2cz Working X Calendar Estimated Start Date: 44=IeA Estimated Completion Date: No. of days in which to execute contract after Notice of Award (date City Clerk tranwib contracts for wwoutbN: (� Davis-Bacon Exhibits (Spaotty ExNbks to be competed by contrwwr ? Any Addenda? Y 0 N ❑ No. Addenda Signed by Contractor? Yg N ❑ BONDS- PERFORMANCE 11 4 PERFORMANCE BOND LOG_ % PAYMENT BOND l� � CORRECTION REPAIR BOND 15— % BID BONDS: BLANK BID SPECS. Successful Bidder: , Five 151 extra sets of bid CASHIER'S CHECK? Y ❑ N Itlr DEPOSITED IN T& A? Y ❑ N� SpeClflCatlOfls for sets[execution bid Unsuccessful Bidders: CASHIER'S CHECKS? Y ❑ N DEPOSITED IN T & A? Y ❑ N Attached: Y ❑ N ❑ Which Contractor(s): ❑ Provided.Previously DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300 Y N ❑ Labor Code 1777.5 Y N ❑ Labor Code 1776 Y N ❑ California Standard Specifications EDmoN Standard Specifications for Public Works Construction EDITION DATE: 1 BY: DEPT: F,i6 AatJ'Ir�O licaneDateu ht4rJ/www2.cslb.ce.gavlXpmsc/CSLB Library/CSLB+Boole/Licaue+DdODML paLicense Detail CAIpOIE•N0.COkTRdCTARS STATWE IACEtIW BOARD Contractor License # 746017 '' Lei DISCLAIMER The Smwaaaws infamatwo shown below mpamb afamltmtakmAom the CSLB ficemingdda but attlwlime afyoa inquiry.R M01 sal tafiedpod'mgupdat8a a whkbare bring reviewed far subae*""baseupda ing.The available infernea6m may nol rvdled any civil oraimiml judgtwNs a adiaw thsthave nal6em reported a the CSLB.ntldm w dnaeambb oomplauss(legal aotam)ouUwcadndar's licenwe,thd imdionwill be provndad.Ifyou h&W to paste any kind oflagd adios,insure you gel a"Verified Catilloote"whidl it a oeni6ed licaue hi"covering a apeoil'wtiow period pia to taking any adios Ei Irael Date:Sept6nlier.07,•'I999 r1 - - * * * BUSINESS INFORMATION FI FMINGE14MONMFNTAL;INCQRPORATED „ 6130 VALLEY VIEW STREET-- , • BUENA.PARK, CA,90620 Entity: Corporation Isstie Date;02AS/1998 Expire Date: 02t29/2000 * *" LICENSE STATUS This license is cnrfent aril active. * * * CL•ASSIFICATIONS• A GENERAL ENGIIM3RING CONTRACTOR HAZHAZARDDUS SUBSTANCES REMOVAL * * * CONTRACTOR BONDING•INFORMATION This license has bond number S6007779 in the amount of$7,500 with the bonding company WASHINGTON*INTERNATIONAL INSURANCE COMPANY. E$'ective Aate 02/10/1998 le * * WORKERS COMPENSATION INFORMATION This ljcense has workers compensation insurance with the CONNECTICl7T INDEMNITY COMPANY Policy Number: CEE093720 Effective Date: 05/01/1999 Expire Date: 0510 2000 .,Personnel List Lieense Number Reauest Contractor Name jPersonnal Name Request IOU 9/7/994:11 PM CONTRACTOR BACKGROUND CBECK CITY PROJECT NO. PROJECT: rW�uV wu1rISC �f'IG r w� OLit'ldl �l°�►OVi:MS CONTRACTOR: FIe.MINA F*)Vlry�� LicNo. : '74&61-7 Verified Ix INSTRUCTIONS: This form shall be filled out by the Engineering Design staff when reviewing contractor background (APPARENT LOW BIDDER) , prior to award of contract by City Council. The form may be waived if a contractor does repeatedly acceptable work for the City. This shall be attached• to the INFORMATION REQUIRED OF BIDDER form and filed in the referenced City Project file, after routing. At least two references shall be contacted and a third reference made if less than acceptable work comments were made by any one of the first two contacts. ------------------- • Reference Check #1: Person Contacted: F—d ICAO Phone # 3da rWS SL21 xS358 Agency/Firm: 1 City: Nature Of Work: f s Contract Amount: Date Com eted: Comments By Above Person. o e o but" e=1aekCg Reference Check #2: Person Contacted: &G.1(I.5dV% Phone # [ 71Y Agency/Firms City: A` e Nature Of Work: Contract Amount: $ Date Comp ete : Comments By Dove Pe s — Reference Check #3: (Optional) Person Contacted: Phone # Agency/Firm: City: Nature Of Work: Contract Amount: S Date Completed: Comments By Above Person: Completed By: ' fVUl.1,U4'q Date: "/ Reviewed By: Contracts Administrator cc: City Engineer Director of Public Works 5.3 Insurance Amounts: The limits of liability for insurance as required by Article 5.2 of the General Conditions shall provide coverage for not less that the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation: Under Article 5.2b. 1 of .the General Conditions: a) State: Statutory Amount Or minimum $1,000, 000 b) Employer's Liability: $1, 000, 000 2. Comprehensive General Liability: (Under Article 5.2b.2 of the General Condition: a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 1, 000, 000 Each Occurrence $ 1, 000,000 Annual Aggregate Property Damage: $ 1, 000,000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted $ 1,000, 000 Annual Aggregate 3. Comprehensive Automobile Liability: (Under Article 5.2b. 3 of the General Conditions: a) Bodily Injury (Including wrongful death) : : $1,000, 000 Each Person $1, 000, 000 Each Occurrence b) Property Damage $1, 000, 000 Each Occurrence or a combined single limit of $1, 000, 000 RUTH HARDY PARK&SUNRISE PARK CONDITIONS OF THE CONTRACT PLAYGROUND RENOVATIONS SUPPLEMENTARY GENERAL CONDITIONS-PAGE 4 CITY PROJECT NO.97-34 9/16/99 OF ?ALM d S� City of Palm Springs U N Office of the City Clerk • roRAW`• 3200Tahquus Guyon Wsy•Palm SpnnBs,Caldomia 92262 Cql I FO RXA\?' TEL:(160)323.8204•Too (760)"4.9527 October 5, 1999 Fleming Environmental, Inc. 6130 Valley View Street Buena Park, CA 90620-1003 RUTH HARDY PARK & SUNRISE PARK PLAYGROUND RENOVATIONS, CP97-34, A4142: Enclosed is your Bid Bond issued from Reliance Insurance Company, in the sum of "ten percent of the total amount of the bid." Your copy of the executed contract is also included. Sincerely, Patricia A. Sanders City Clerk Enclosure cc: Engineering Tom Cartwright Finance Procurement Post Office Box 2743 • Palm Springs, California 92263-2743 AUG-26-1999 THU 11:13 AN STAN FAX NO. 714 228 9231 P. 05/05 BID BOND KNOW ALL MEN BY THESE PRESENTS, That FLEMING ENVIRONMENTAL, INC. as Principal, and_ RELIANCE INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID-- dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the C)ty's Contract Documents entitled: RUTH HARDY PARK 6 SUNRISE PARK PLAYGROUND RENOVATIONS CITY PROJECT NO. 97-34 NOW THEREFORE. if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain In full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all cests incurred by said City in such suit,including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this 30TH day of AUGUST 18 99 PRWCMAL: FLEMING ENVIRONMENTAL, INC. I E IISU ICE Cheek am: YId)akWK - x W—pm-w-ms 71d0ol.MICHAEL A. UIG -IN-FACT tNOTARREpI (SEAL AND NOTARIAL ACKNOWLSOOMENT Print Name and TRH: Of SURETY) Terry L. Fleming Jr. President INOTAARE01 PM[ «d Titl.. Jennifer Martin Secretary ICaponams apuw:wo ala�a:vus awe Aom aaM er qu re�oy,tig VoWOW:AuV A.Ch*~of beam.PmkVM m reY Vlee PNfeanl:AAD I IL SUM .AptMM Seave rr.Tiwwar.AUNUM Tmaum.w ONar FiwIC4a ONkrl. RUTH HARDY PARK a SUNRISE PARK SIC)BOND OR SECURITY RENOVATIONS CITY PROJECT NO.97-34 BID FORMS•PAGE 7 8/te/99 State Of California County Of Orange CAPACITY CLAIMED BY SIONERIS) ❑NDrvEwALIS) On 8/31/99 before me, Jo—Ann Lyons, Notary Public ffG'ORPORATE President AND (DATEI NAMERITLF OF OFRCFIHA'JANE DOE NOTARY PUBLIC'I oFFICERIS) Secretary personally appeared Terry L. Fleming Jr. AND NAMENII OF SIONER93N ❑PARTNERISI ❑LIMITED Jennifer Martin ❑GENERAL ❑ATTORNEY N FACT ❑TRUSTEEISI OGUARDIA WCONSERVATOR personally known to me -OR- O proved to me on the ❑OTHER. basis of satisfactory evidence to be the person(s)whose namels) is/are subscribed to thha within instrument and SIGNER IS REPRESENTING: acknowledged to me that (Nams of Persons)or Emkyaes) he/she/they executed the same in his/her/their Flamina Rnytronmental j C. authorized capacity(iesi, and that by his/her/their Bsl•� signature(s) on the instrument theperson(sl, '( or the entity upon behallf, Mpp111111 e•O�Ifo�IN of which the person(s) acted, executed the w IIBL>I m instrument. CAPACITY CLAIMED BY SIGNERIS) Witness my hand and official seal. ❑INDIVmuAL(Sl ❑CORPORATE ISEALI OFFICERIS) ITMw— IS10NATU F NOTARY) ❑PARTNERIS) ❑LIMBED ❑GENERAL ❑ATTORNEY N FACT ❑TRUSTEEISI ❑GUARDIA WCONSERVATOR ATTENTION NOTARY ❑OTHER: The information requested below and In the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthdrized document. SIGNER M REPRESENTING: THIS CERTFICATE TMe or Typo or Documm (Name of Person(sl or EnbtylMq MUST BE ATTACHED TO THE DOCUMENT Number or Pooes Date of Docunem DESCRIBED AT RIGHT: Spnerls)Odw Then Named Above WOLCOTTS FORM 63236 Rev.3•04 4*.ft elm 8.2AI ® ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY 1894 WOLCOTTS FORMS,INC. MEPRESENTATION up 7 IIII67 7II663239 II II 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 11 County of ORANGE J On AUGUST 30, 1999 before me, M. TREDINNICK, NOTARY PUBLIC oft Nave and m of asar(e4.-.Hate Ode.Naay Pt4Yte') personally appeared MICHAEL A. QUIGLEY NWWS)a S"(q ❑ personally known to me ❑ 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 M.TREDINNICK acknowledged to me that he/shelthey executed s ,, y Commissar k 1213054 the same in his/herttheir authorized �:s'.' h�Cry PuO:iC—Cnlllpmla capacity(ies), and that by his/her/their Orange County My Comm Expires Mor 26.2003 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS myjhRnd and officf I se I. -� 0/1 J47 Pray N"V serAbM "k"of Nary Pub tc OPTIONAL Though fie Information below is not requped by lank it may wove vahrable to persons reb p on fie document and could prevent fraudWant removal and reattachment of fits form to snodw document. Description of Attached Document Title or Type of Document; Document Date: Number of Pages: _ Signer(s)Other Than Named Above: Capacity(tes)Claimed by Signer Signer's Name: e ❑ Individual ❑ Corporate Officer—Tifle(s): TOP of"am bore ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 010e7Nata4lNaa(.AND"l f•9250tb SeneAW.P.O.e=2402•CbeWAfet.CA/U1124M Rod N>SM Rocs.Cad TGWM 1.800476 W RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATNE OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW AL MEN BY THESE PRESENTS.that RELIANCE SURETY COMPANY is a mpmation duly organized under the laws of the State of oslawars, and that RELIANCE INSURANCE COMPANY and UNITED'PACIFIC MURAN(:AE COMPANY,are corporation duly organized under the laws of the CmwmffmwM Wises(Mrein aalkfd"we 7 I*. ia and#0 RELIANCE NATIOtIAL I MMNRY COMPANY b a gorporagon duly organized under tl1s laws d Me State of qf� �g by vkb*of, and seek do hereby malts,earelishte and appoint and thA.eir behW,Quillillay,James Bract an d ed any and all bonIC,Cal and un tfit We and lawfWlASonw(s}MFaq,to make,Exadde,seal and deliver for and on that behalf.and as their ad and deed any and all bonds and undertakings of sureysNp and to bind the Companies thereby,as fully,and to the same extent as If such bonds and undertakings and other w*W obligatory kh the nature thereof were signed by an FxeaWe,011ker of the Companies and eeakd and attested by ore other Of such dicers,and'hereby raffia and conthrn all that their seid Atlaney(sWed maydo in pursuance hood. This Posner of Alte(pey Is wanted under and,by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE COMPANY,and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in NI force and effect,reading as follows: ARTICLE VR-EXECUTION a:eONDIVAND UNDERTAKINGS L nIWINIO bmm,dm Pmddm,dm Cbabmmarda Bond,mr smhw Vim Pmddmi,mg Vm P,eddmawAn.kmWVImF 11 radar In daemadydm Ilmderemmmasboebm pwmraodmybaewoYtAsreerelaaibmrbmdmdmdm bmmrmbeNrdda C>W'el,boeLrdaedioµ,mmp mmr,aa.smm of* d Win aaoI obvemr b do.m. ds,mr,d w bmmomary,ad emerON.Fmm.e dm d meW drlawr W dairy Sim b am. bmembem tea"* bWW 11 WW ��11 dM Paver erMmsr iadbdm. VbWh ad dd Idsw WlrarM Compmmood* w i mdalm. weba,pabBdamy ice da mm Oeaol mmrm7 tr da adidy dory boob r mdratbp mmpbmm,worms an bdemeiry doer 7. Ammy*b4%mdaebmpwwmdmem1rymammeeladm8a regebM bhadWbWpde,eempdm,m,me,tm{efWmeir madm'emmiod wabtlpm,r rmmYpd aerrboB dmbaaspoard eetlabr mwdry ds mumW mawmora Coopeermd m eopima(deal{awo ends CaaBae raereNde m seams ds,aof. Thaft 04(AammrsdPWmdsc WbrradmMmdwdbr mhmkr ardafdbwYe mmletlw adopwbydnammdmdFk QCmmbemadp BW&ofDkx o(Rdr In rm lomaea 0oap�y. smw Casper bybl�ewimo�m Cam.ld dried nerd ph j�bwmnnirjoomamr b umimm Comm dmd m aFmor n,1994 d y ore Emmdm r F.mdd aommbs erdm Bmd er okmm.ar Rdba. 'Rmdeeddmdmskmwm.Forddb doIn ddswader, emobeaemdbaqrml,MardMmmrrnramwmmemdoedmmoybobble,dagmd, MarGrAmnWrrmnBimee bmbrfadbesidesymemwbeebdbdoWabevelddbbdmwmbeC I rRef ruff Pow mmaddedreendbdybNmea eembsm r hmWmw ddh W.dN dbbe6p qm dm CmWr,Y de bm.e mim nymhbaq bd w mhn*m4 mabkb b mWWoImL' IN WITNESS WHEREOF,the Campanise have Caused these presents te be signed and their Corporate soak to be Iereto aM&ed,this July 14,1999. RELIANCE SURETY COMPANY (9 * 06 ,,, RELIANCE` INSURANCE COMPANY '4 UNITED PACIFIC INSURANCE COMPANY ." �0a' RELIANCE NATIONAL INDEMNITY COMPANY ' , . 71414 STATE OF Washington } 4/0 COUNTY OF I(Ing )68. On this, July%1M.before me, Laura L Santos, personally appeared Mark W.Alsup,who adm Wedged hknef to be the Vie President d the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such,being authorized to do so,executed the foregoing instrument for the purpose therein contained by soft the name of the corporation by himself as Its duly authorized officer. N*jft In witness whereof,I hereunto set my hand and oMcIM seal. 8tsbadYY odil adk -hpbn L=aL Senros RUlky Pubic to and for tie State of Washingte WANnimen t8oletlfifl RaskBng at PWaiup 1.Robyn tayng, Assistant Secretary of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE COMP_ ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby Cerny that the above and Icregoing Is a true and correct copy of the Power of Attorney executed by saki Companies,which Is still in full face and effect. IN WITNESS WHEREOF,I have hereunto sat my hand and dHPoed the seals of said Companies this 30TH day of AUGUST Yew d 1999 ,aeery • 1868 re t� aGL MSeaeiary a e• a e a u ,ot3 PROOF OF PUBLICATION This is space for County Clerks Filing Stamp (2015.5.C.C.P) "it's s aP LL J�Ox O . / ij STATE OF CALIFORNIA County of Riverside I am a dd m of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of elghtm years,and not a party to or Interested in the No2enn`'' above-entitled matter.I am the principal dark of a �'liraonom printer of the,DESERT SUN PUBLISHING i IN C as COMPANY a newspaper of general circulation, ON printed and published in the city of Palm Spriggs, •'IN E AMOUNr County of Rlversldo,and which newspaper has been 0F•Oi adjudged a newspaper of general circulation by the . ,N Superior Court of the County of Riverside,State of DEt�Ew California under the date of March 24,1988.Case PRodEOr Number 191236,that the notice,of wbah the JFOT.NO'WWIDBl' annexed Is a printed copy(set in ty not smaller • than non WARD NQ--r ON- parcel,has been publish in ash regular S�rRAcr•To•FrINo SEA 6 VtRON EN �D and entire issue of aid newspaper newspaper and not in any t M ` supplement thereof on the following dates,to wits , , l�••hN��t September25th FD :pAR RLL�yy� ....G"N :IRE NOVA- PPRO�QJIBE[C.Tr All in the year 1999 I artily,(or declare)under penalty of perjury Wet the �LFB NO µ(pE p foregoing Is true and correcL 28W y; LEI•No. Dates ate rings,California this day s `�a�a.E4Y_off of 19" lust Signature MINUTE ORDER NO. .?' ' s AWARDING CONTRACT TO FLEMING ENVIRONMENTAL, INC., IN THE AMOUNT OF $146,691.00 FOR SCHEDULES A AND B FOR THE RUTH HARDY PARK AND SUNRISE PARK PLAYGROUND RENOVATIONS,CITY PROJECT NO. 97-34 I HEREBY CERTIFY that this Minute Order awarding contract to Fleming Environmental, Inc., in the amount of $146,691.00, for Schedules A and B, for the Ruth Hardy Park and Sunrise Park Playground Renovations, City Project No. 97-34, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 1511 day of September 1999. - PATRICIA A. SANDERS City Clerk �J