HomeMy WebLinkAboutC35610A - San Nicholas Cmnty Grdn Rnvtn 997-18 Contract No. C35610A
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: January 11, 2018
REQUEST: Award Contract No. C35610A for the San Nicholas Community
Garden Renovation project to Horizon Professional Landscaping, of
Coachella, California, in the amount of $62,000 (Project No.
997-18)
Recommendation
By Minute Motion,
1. Award Contract No. C35610A for the San Nicholas Community Garden
Renovation project to Horizon Professional Landscaping of Coachella,
California, in the amount of $62,000;
2. Authorize the Director of Finance to set aside an additional 10 percent
contingency in the amount of $6,200; and
3. Authorize the City Manager to execute the Agreement.
Funds are available in Account No. 2334618-4400100, Park Fund.
Strategic Plan
The on-going renovations of the City's Community Gardens uses recycled material,
reduces water use, and helps promote healthy community principles through
sustainable gardening, thereby furthering the goals outlined in the Strategic Plan
Objectives as follows:
• Energy and Sustainability — Priority 1: Reduce per capita consumption of energy
and water; and Priority 2: Promote greater usage of more sustainable materials;
and
• Parks and Recreation — Priority 3: Make recreational and exercise opportunities
pervasive in all public spaces.
Background Analysis
The San Pablo Community Gardens (Guadalupe, Catalina, San Nicholas, and Santa
Rosa) are located along the west side of San Pablo Avenue between Royal Palm Drive
and Santa Rosa Way, and were originally constructed in the late 1990s. The original
January 11, 2018 - Staff Report
Award C35610A to Horizon Professional Landscape — San Nicholas Garden Renovation
Page 2 of 2
planter boxes were constructed using a recycled wood and plastic product that has
badly warped over the years, and material is no longer available for on-going repairs.
The Guadalupe and Catalina garden areas were renovated in 2015 and 2016,
respectively, and have been a hit with our local gardeners.
On August 24, 2017, the City Council approved purchasing the replacement planter
boxes from Greenday, LLC, of Indio, California. The new boxes are made using a
recycled glass and concrete product that is produced in the Coachella Valley. The
material is manufactured using a minimum of 70 percent post-consumer glass, and
minimizes maintenance costs while increasing the longevity of the planter boxes.
Award of Contract No. C35610A is for the components necessary to complete the
renovation including drip irrigation, new soil, and wood chips. The project was
appropriately advertised for bid, and on December 21, 2017, sealed bids were opened
with the following results.
Contractor Location Bid Amount
Horizon Professional Landscaping Coachella, CA $62,000
Kirkpatrick Landscape Indio, CA $83,129
Fiscal Analysis
There is no fiscal impact beyond the cost to implement the project.
//3i .eu
Prepared by: Randy 6.havez,`Landscape Supervisor
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
42,71,6;t: caile
Robert W. Hargreaves Bo Che , P.E. Janet M or Lauri Aylaian
City Attorney Acting Director of Public Director of Finance City Manager
Works J
APPLICANT: Horizon Professional Landscape
48727 Charlton Peak
Coachella, CA 92236
ATTACHMENTS: Agreement and Bonds
Contractor's Proposal
Vicinity Map
Contract No. C35610A
AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of January 2018, by
and between City of Palm Desert, California; hereafter called "CITY," and Horizon
Professional Landscape hereinafter called "CONTRACTOR."
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of
CITY Project,
1. SAN NICHOLAS COMMUNITY GARDEN RENOVATION, PROJECT NO.
997-18; CONTRACT NO. C35610A, in strict accordance with the Contract
Documents identified below, and 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)
Agreement, (b) Notice Inviting Bids, (c) Instruction to Bidders, (d) Contractor's
Bid, (e) Public Works Contractor DIR Registration Certification, (f) Noncollusion
Declaration, (g) Bidder's Bond, (h) Performance Bond, (i) Payment Bond, (j)
General Specifications, (k) Special Provisions, (I) Standard Specifications as
modified in other portions of the Contract Documents, (m) Plans, (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 (p) Determination of Prevailing Wage Rates for Public
Works, (q) Addenda No.(s) None . 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 21 Calendar Days from the Notice to
Proceed date to the satisfaction of the Engineer.
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Contract No. C35610A
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a Any and all liability, claims, damages, losses or injuries to any person
or other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of
or failure to perform the work or other obligations of this Agreement, or
which are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its
agents or employees, and, all expenses of investigating and defending
against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials
or supplies in connection with the performance of the Agreement.
c Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1 ,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be $500.00
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
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Contract No. C35610A
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. Provisions Required by Law and Contractor Compliance. Each and every
provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall
comply with all requirements of applicable federal state and local laws, rules and
regulations, including but not limited to the provisions of the California Labor
Code and the California Public Contract Code.
8. 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 workers' 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:
TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
BO CHEN, P.E. ROBERT W. HARGREAVES
ACTING DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
3
Contract No. C35610A
CONTRACTOR ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
)
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 of Notary Public
4
Contract No. C35610A
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm
Desert has awarded to Horizon Professional Landscape, hereinafter designated as the
"Principal," a contract for:
SAN NICHOLAS COMMUNITY GARDEN RENOVATION
PROJECT NO. 997-18
CONTRACT NO. C35610A
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, Horizon Professional Landscape, 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 Sixty-
two Thousand and 00/100 Dollars ($62,000.00), being 100% of the contract amount in
lawful money of the United States of America for the payment of which sum well and
truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully
fulfill all obligations including the one (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract
Documents, unless otherwise provided for in the Contract Documents, the above
obligation shall hold good for a period of one (1) year after the acceptance of the work
by the City, during which time if the Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage
resulting from or caused by a defective materials or faulty workmanship. The
obligations of Surety hereunder shall continue so long as any obligation of the
Contractor remains. Nothing herein shall limit the City's rights or the Contractor or
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Contract No. C35610A
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure Section 337.15.
Whenever the Contractor shall be, and is declared by the City to be in default
under the Contract Documents, the Surety shall remedy the default pursuant to the
Contract Documents, or shall promptly, at the City's option:
a. Take over and complete the Project in accordance with all terms and conditions
in the Contract Documents; or
b. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages, for which Surety may be
liable. The term "balance of the contract price" as used in this paragraph shall
mean the total amount payable to the Contractor by the City under the Contract
and any modification thereto, less any amount previously paid by the City to
the Contractor and any other set offs pursuant to the Contract Documents.
c. Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to pay
the cost of completion of the Project, less the balance of the contract price,
including other costs and damages, for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to the Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the Contractor's further
participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder shall in any way affect its obligations on this bond,
and it does hereby waive notice to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
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Contract No. C35610A
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named on this day of , 20
(Corporate Seal) Contractor/Principal
By:
Title:
(Corporate Seal) Surety
By:
Attorney-in-Fact
Signatures of those signing for the Contractor/Principal must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title:
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)
Signatures of those signing for the Contractor/Principal and Surety must be notarized and
evidence of corporate authority attached. A copy of the Power-of-Attorney to local
representatives of the bonding company must be attached hereto.
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended).
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:'. .
Surety Agent or Representative for service of process in
California if different than Surey
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
L
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
3
Contract No. C35610A
SURETY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
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 of Notary Public
4
Contract No. C35610A
PRINCIPAL ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
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 of Notary Public
5
Contract No. C35610A
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to Horizon Professional Landscape (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated January 11, 2018, described as
follows: SAN NICHOLAS COMMUNITY GARDEN RENOVATION, Project Number 997-
18, Contract No. C35610A (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;
WHEREAS, said Principal is required to furnish a bond in connection with said
Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for
any materials, provisions, provender, equipment, or other supplies used in, upon, for, or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code, or
for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for
the same to the extent hereinafter set forth.
NOW, THEREFORE, we, Horizon Professional Landscape, 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 Civil Code, in the sum of Sixty-two Thousand and 00/100 Dollars
($62,000.00), said sum being not less than one hundred percent (100%) of the total
amount payable by the said City 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 subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay any of the persons named in Civil Code Section 9100, 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, 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 or Franchise Tax Board from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Revenue
and Taxation Code Section 18663 with respect to such work and labor the Surety or
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Contract No. C35610A
Sureties hereon will pay for the same in an amount not exceeding the sum herein above
specified, and also, in case suit is brought upon this bond, all litigation expenses
incurred by the City in such suit, including reasonable attorney's fees, court costs,
expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of
time for performance, addition, alteration or modification, in, to or of any contract plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under
no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or the
City and the original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that the claimant is a person described in the
Civil Code Section 9100, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned, including but not limited to the provisions of
Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
(Typed Name of Principal/Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Signature to be Notarized) (Signature to be Notarized)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
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Contract No. C35610A
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 Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
Signatures of those signing for the Principal/Contractor and Surety must be notarized
and evidence of corporate authority attached. A copy of the Power-of-Attorney to local
representatives of the bonding company must be attached hereto
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
Agent or Representative for service of
Surety process in California if different than
Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
3
Contract No. C35610A
SURETY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
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 of Notary Public
4
Contract No. C35610A
PRINCIPAL ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
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 of Notary Public
5
C — CONTRACTOR'S BID
SAN NICHOLAS COMMUNITY GARDEN RENOVATION
PROJECT NO. 997-18
CONTRACT NO. C35610A
TO: CITY OF PALM DESERT, "CITY"
DATE: Gr.R-- 2 / z ,
BIDDER: /-/0 1 2_0_> f)A-61- ss ,0-.1.'I L- -s cA(( CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, SAN NICHOLAS COMMUNITY GARDEN
RENOVATION, PROJECT NO. 997-18, CONTRACT NO. C35610A, 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, the Contractor agrees with the 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 all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying cash, 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 cash, check or Bid Bond is to be charged with the costs
of the resultant damages to CITY, including but not limited to publication costs,
the difference in money between the amount bid and the amount in excess of the
bid which costs CITY to do or cause to be done the work involved, lease and
rental costs, additional salaries and overhead, increased interest and costs of
funding the project, attorney expense, additional engineering and architectural
C-1
expense and cost of maintaining or construction alternate facilities occasioned by
the failure to execute and deliver said documents.
6. 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.
ITEM
NO. ITEM DESCRIPTION UNITS QUANTITY TOTAL
San Nicholas Community Garden Lump
Renovation Sum $
TOTAL BID PRICE $ (r, C'OC uj
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
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES$ 22- i d o
TOTAL AMOUNT BASE BID IN WORDS ti7,'y 7 y TW 7W o `/
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page
C-1:
By: �--
ignature (must be notarized)
Title: nr.� /—
C-2
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State df Cafif is
)
County of )
On-D2e- b fo^re�e, 0- 4 ' 4-13 --
personally appeared �C - Y �—'
ho prov d to me on the basis
of satisfactory evidence to be the persons)-vOFos a is subscribed to the
wi instrument and acknowledged to me tha y executed the same in
-ir authorized capacit , and that byiiQ/ierfthetr signatures on the
instrument the personas}, or the entity upon behalf of which the personc9zacted,
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.
WITNE6 my d and official seal.
NA IM
Signa ure of Notary Public ` •�� N°rr�v�c CALIFORNIA
Committal Ems NOV.16,2Q19
C-3
D — INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. Additional information may be required of the successful bidder.
(1) Company Name A-/6)2/ 2oiESs,0-!/1 4_ t n,,, s c.+P L'
(2) Address VS 7 2-7 C,/A 0,3 p e —
(3) Telephone No. V 4- a /
(4) Type of Firm (Individual, Partnership or Corporation) /.J )i
(5) Corporation organized under the laws of the State of r_.'\L- r r 0 ti,,.,j / .&
(6) Contractor's License No. 7 q c) 6 Z(7 Exp. Date c3! o /zo / 7
(7) Department of Industrial Relations Contractor Registration number: / 000 oos 51,2Z
(8) Email Address of Contractor's DIR Contact /-i o --� 171(7
(9) DIR Classifications L�^'�s P�`ir42de ti;r. -r 44j3 o,'tom 11 - "-d- ScAP/1A 4 i E1"0
(10) Have you or any of your sub-contractors been debarred: Yes ❑ No [g
If yes, provide additional information on a separate sheet.
(11) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation: (Use separate sheet if necessary.)
Al a ���c z/r
7 2.7 c ; r,J Jc-n-ram.
e_o ,'i c C_At 7 2-2
(12) List at least three similar projects (on-going or recently completed):
Name, Address &
Contract Amount Class of Work Date Completed Telephone No. of Owner
/V s e c: A,/G / .7 c 1 /-'1
D-1
(13) Pursuant to California Public Contracting Code, Section 4100 et Seq., the
following list gives the name, business address, the DIR Public Works Contractor
Registration number, portion of work (description of work to be done) for each
subcontractor that will be used in the work if the bidder is awarded the Contract,
(Additional supporting data may be attached to this page. Each page shall be
sequentially numbered, and headed "Proposed Contractors" and shall be
signed.) The Bidder shall list all subcontractors who will perform work or labor or
render service to the prime contractor in excess of one-half of one percent of the
prime's bid. Notwithstanding the foregoing, if the work involves the construction
of streets and highways, then the Bidder shall list each subcontractor who will
perform work or labor or render service to the Bidder in or about the work in an
amount in excess of one-half of one percent or $10,000, whichever is greater.
Failure to include the subcontractor's DIR reaistration number may result
in the bid being rejected as non-responsive.
Subcontractor's Name: ..1 f A
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
Subcontractor's Name: "I//S.
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
Subcontractor's Name: /
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description. Percent of Work:
(14) List the name of the person from your firm who inspected the site of the
proposed work: 2A-
D-2
(15) 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.
(16) Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
By: ke �, C �.��t-� .14 L l Title: D(v 7Z_
Contractor's Signature
D-3
E — PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and
subcontractors that wish to bid on, be listed in a bid proposal or enter into a contract to
perform public work must be registered with the Department of Industrial Relations.
See http://www.dir.ca.gov/Public-Works.html for additional information.
No bid will be accepted nor any contract entered into without proof of the Contractor's
and Subcontractor's current registration with the Department of Industrial Relations to
perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the
Department of Industrial Relations.
NAME OF BIDDER: /./o 147,r.Cs_s e-A•- .Sc-ii'cr
DIR REGISTRATION NUMBER: / e(ie ec) _ '/ Z.
DIR REGISTRATION NUMBER EXPIRATION DATE: /.3 10/2
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the
project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and
1771.1 in its contract with any and all subcontractors and ensure that all
subcontractors are registered at the time of the bid opening and maintain
registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
result in the bid being deemed non-responsive.
4. Within five days of award, Contractor will provide to the City all Labor
Classifications that will be employed during the project, sorted by Contractor or
subcontractor.
Name of Firm: /./c 0_1 A c_a !'cr-
Signature:
Printed Name: /LA zr-c-- 43,./ 2
Title: e tJ,J esn— Dated:
E-1
F — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the "�of t-0-4 2-0-) i n_Ofess,c_i '/s 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 the Z/ s E
day of _2ec�,�-�,�. fz 20 /7, at c-
City State
CONTRACTOR
By: /{� � e
Signature
Title: ors.
F-1
G-BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, /fit' - -i 10/1-0 Ices s, ..At_ Zven,..�s A.r< as principal,
and 40 <rAE-.iv r ,..j ,! as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$ 4e, 2.-Ave. (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the above
bounden principal to perform certain work described as follows:
SAN NICHOLAS COMMUNITY GARDEN RENOVATION
Project No. 997-18
Contract No. C35610A
The general items of work to be done hereunder consist of installation of irrigation to
garden planter boxes, installing wood chip material, gravel, potting soil, and final
grading and dated ///3o1/ 2 is accepted by the City of Palm Desert, and if the
above bounden principal A.nr.ic-z s-t . shall duly enter into and execute a contract
for such construction, and shall execute and deliver the Performance Bond and
Payment Bond and insurance certificates as required by said contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 2-/ day of
20 /
Contractor's Name: /L-4", L_ ,�+�-�,-b ��6 el i.io,2i . ;)2 'Es S o-r.-1 4-- ZIs
Contractor's Signature: �< C J' 'p ,t_ z
(Signature must be notarized)
Title:
Address: ,ye 7 2:j C/44 ii lam- C.> I �r ' LL../L \ % 1-2
Telephone: — 9 7/
G-1
Surety's Name: Surety Bonds Direct, LLC
Surety's Signature:
(Signature must be notarized)
Title: Attorney-In-Fact
Address: PO Box 2528 Mount Pleasant, SC 29465
Telephone: 1-800-608-9950
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State o o a, )
Coun y of Li, ) ok O c-� , efore e, au, 9 �` im
iii I/E
personallyappeared G -- � 0 /
who pro to me on the basis
of satisfactory evidence to be the personas)-whose m ubscribed to the
wi in instrument and acknowledged to me that - -' executed the same in
Is/ r authorized capacity¢iesr), and that by 60 el th-Sir signature.a) on the
rument the personas), or the entity upon behalf of which the personcer acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing p agraph is true and correct.
WITNE SC
my n and official seal.
83
rAZ-77.76Finalrasimmman,
I`-' NOARY Pl 1C•
CALIFORNIA
\' '"►/ RIVERSIDE COUNTY
Signature of Notary Public c ' E Nav 262019 +
G-4
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness accuracy, or validity of that document
Sot- h Caro)ina
State of
Ccunty of-DorAlettkr ) t
orc n bcr a1, 20 11,before me; QSI1Qf1Q `�r Ar1 r
personally appeared Artie, FauPrbit&
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 heisheithey executed the same in
hivher(thelr authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the nstrument.
! certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
'NITN SS my hand a t• official seal, �( TASHANA GRANT
Wl ;, it P CornStat.of South Cerollna
0..„ki.fv Commise(on Expires
Avpuet 25,2027
Signature of Notary Public
pD�
Western Surety Company
BID BOND
(Percentage)
Bond Number: 71982249 —_-.-
KNOW ALL PERSONS BY THESE PRESENTS, That we P=f el an do a dba --c ._prof e.r_s
Landscape of
48727 Charlton Peak, Coachella, CA 92235 , hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto City of Palm Desert
of 73-510 Fred Waring Drive, Palm Desert, C.:.
hereinafter referred to as the Obligee, in the sum of ( %) percent of the greatest
amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for.._
San Nicholas Community Garden Renovat .: '
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be
specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or
contract documents with surety acceptable to Obligee, or if Principal shall fail to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect
SIGNED, SEALED AND DATED this___ t• r day of ._ ;= !�'__ 2017
'cam. Me::do:a dba Horizon Professiono_'
Landscae
(Principal)
By �`/``,``'` ` ��`'`-� (Seal)
W;_s tern et, Com y
( m
By (Seal)
n Attorney-in-Fact
Form F5076
Western Surety Company
POWER OF ATTORNEY-CERTIFIED COPY
Bond No
Know All Men i;}•These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South i)akota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make.
constitute and appoint -
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred,to execute, acknowledge and deliver for and on its
behalf as Surety,bonds for:
Principal P.-i i a_1 M_n•:r >. :, ::i. lorizc n Prof pion l ia, isr-:,l e
Obligee : a-y of :c fro Dr-±;-r'-
Amount 1,0-0,
and to bind the company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the
corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney()-in-fact
may do within the above stated limitations Said appointment is made under and by authority of the following bylaw of Western Surety
Company which rem sins in full force and effect.
"Section 7 All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other
officers as the Board of Directors may authorize, The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company
The corporate seal is not necessary for the validity of any bonds,policies, undertakings, Powers of Attorney or other obligations of the
corporation The signature of any such officer and the corporate seal may be printed by facsimile"
If Bond No._`1,_'c.'_4_`---.- _----- is not issued on or before midnight of -- --_—_- :; j_= ` all
authority conferred in this Power of Attorney shall expire and terminate.
µ111ht/
Western Surety Company has caused these presents to be signed by its Vice President,Pau]T.Bruflat,and its
corAtAaollkrbe.adVi.thi; .----_- day of December
svl: ^ip= WEST .' R SURE COMPANY
S ISg 3i S�1•' A Paul T. millet,Vice President
COU'^404 It��A t FIAV sy
#M.i I H Ktµ
On this 1 t, day of _._,in the year 201 ' ,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
+ %%%%ti 1%%%%%ti +
J. MOHR
NOTARY PUBLIC i Notary Public•South Dakota
1`-'may SOUTH DAKt7rAWth
My Commissicn is :ri.: _ , 2021
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney i_new in f'rce.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 21 St day of
December
WEST • R ,. SURESU` COMPANY
Paul T. rufiat,Vice President
To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage.
Form F5306-10-2017
FRED WARING DR
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Project 997-18
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Project 997-18 •
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1#c ..,A- '°� VICINITY MAP