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C36470 - Charger Turf Rmvl and Lndscpng 960-17
Contract No. C36470 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 11, 2018 REQUEST: Waive bid irregularity, and award Contract No. C36470 for the Charger Turf Removal and Landscaping project to Candyl Golf Group, Inc., of La Quinta, California, in the amount of $20,819 (Project No. 960-17) Recommendation By Minute Motion, 1. Waive bid irregularity; 2. Award Contract No. C36470 for the Charger Turf Removal and Landscaping project to Candyl Golf Group, Inc., of La Quinta, California, in the amount of $20,819.00; 3. Authorize the Director of Finance to set aside an additional 10 percent contingency in the amount of $2,081.90; and 4. Authorize the City Manager to execute the Agreement. Funds are available in Account No. 4004650-4391503, Capital Project Reserve. Strategic Plan Removal of the turf surrounding the Charger Sculpture, and the redesign of the landscape to drought tolerant plant material meets the goals outlined in the Strategic Plan Objectives as follows: Priority 1 - Energy & Sustainability: Reduce per capita consumption of energy and water. Background Analysis In on-going efforts to reduce water consumption on City-owned property, staff worked with the College of the Desert School of Agriculture (Horticulture) to redesign the landscape in front of the Charger Sculpture from turf to a more drought tolerant landscape. The top student design submission was selected, and staff worked with that design to bid out the project. January 11, 2018 - Staff Report Award C36470 to Candyl Golf for Charger Turf Removal Project Page 2 of 2 The project was appropriately advertised for bid, and on December 21, 2017, sealed bids were opened with the following results. Contractor Location Bid Amount Candyl Golf Group, Inc. La Quinta, CA $20,812.00 Horizon Professional Landscaping Coachella, CA $23,217.00 Kirkpatrick Landscape Indio, CA $34,899.37 Urban Habitat La Quinta, CA $51,478.00 In reviewing the low bid received from Candyl Golf, it was noted that the bid line for cobble was incorrectly calculated to show a total of $4,260; however, the correct calculation is actually $4,267, resulting in a discrepancy of $7.00. This increased the bid from $20,812, as calculated by Candyl Golf, to the accurate bid amount of $20,819. The City Attorney has indicated that this minor irregularity can be waived. In addition, staff submitted an application for a $2.00 per sq. ft. turf removal rebate from the Coachella Valley Water District. The application was approved, and upon completion of the project the City will receive a rebate of $3,200. Fiscal Analysis There is no fiscal impact beyond the cost to implement the project. Prepay y: a y Chavez, Landscape Supervisor LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER Robert W. Hargreaves Bo Ch n, P.E. Janet Moor Lauri Aylaian City Attorney Acting Director of Public Director of Finance City Manager Works APPLICANT: Candyl Golf Group, Inc. 79752 Morris Avenue La Quinta, CA 92253 ATTACHMENTS: Agreement and Bonds Contractor's Proposal Location Map Contract No. C36470 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 Candyl Golf Group, Inc., hereinafter called "CONTRACTOR." WITNESSET H RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. CHARGER TURF REMOVAL AND LANDSCAPING, PROJECT NO. 960-17; CONTRACT NO. C36470, 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) The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f) Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The Payment Bond, (j) General Specifications, (k) The Special Provisions, (I) The Standard Specifications as modified in other portions of the Contract Documents, (m) The 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) The Determination of Prevailing Wage Rates for Public Works, (r) Addenda No.(s) 1 . All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 1 Contract No. C36470 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. 2 Contract No. C36470 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. C36470 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. C36470 A— PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Candyl Golf Group, Inc., hereinafter designated as the "Principal", a contract for: CHARGER TURF REMOVAL AND LANDSCAPING PROJECT NO. 960-17 CONTRACT NO. C36470 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, Candyl Golf Group, Inc., 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 Twenty Thousand Eight Hundred Nineteen and 00/100 Dollars ($20,819.00), 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 1 Contract No. C36470 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. 2 Contract No. C36470 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 SURETY PRINCIPAL BY: BY: Signature must be notarized Signature must be notarized INSURANCE COMPANY and/or AGENT Name: Address: City/State/Zip Code: Telephone No.: 3 Contract No. C36470 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. C36470 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. C36470 B— PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to Candyl Golf Group, Inc., (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated January 11, 2018, described as follows: CHARGER TURF REMOVAL AND LANDSCAPING, Project No. 960-17, Contract No. C36470 (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; NOW, THEREFORE, we, Candyl Golf Group, Inc., 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 Twenty Thousand Eight Hundred Nineteen and 00/100 Dollars ($20,819.00), 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 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. 1 Contract No. C36470 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) 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). 2 Contract No. C36470 ._,_ ... .<.. • Surety Agent or Representative for service of process in California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: 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 3 Contract No. C36470 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 4 C — CONTRACTOR'S BID CHARGER TURF REMOVAL AND LANDSCAPING PROJECT NAME 960-17 CONTRACT NO. C36470 TO: CITY OF PALM DESERT, "CITY" DATE: December 21, 2017 BIDDER: Candyl Golf Group, Inc. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, CHARGER TURF REMOVAL AND LANDSCAPING, PROJECT NO. 960-17, CONTRACT NO. C36470, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). One (1) 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. a 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. �r ll� ..]r� 1!''1�a �1 ��41--/rl of r,,,IMiir l .G�kUr ��n- �+fi v ,} ir t , rpt Mobilization 1 LS 1 $ 2,200. $ 2,200. 2 Traffic Control LS 1 $ $ 1,200. 1,200. 3 Clearing and Grubbing LS 1 $ $ 2,800. 2,800. 4 Grading Adjustment LS 1 $ $ 1,978. 1,978. Acacia stenophylla 5 $ 24" box EA 1 $ 165. 165. Caesalpinea pulcherrima 6 EA 2 $ 35. $ 70. 5 Gallon • 7 Fouquieria splendens ,8 with ±10 canes EA 6 $ 89. $ 534. 8 Yucca elata EA 4 $ $ 15 Gallon 155. 620. 9 Dasylirion wheeleri EA 6 $ $ 5 Gallon 38. 228. Hesperaloe parviflora 10 Gallon EA 26 $ 35. $ 910. 11 Callistemon viminalis "Little John" EA 11 $ 5 Gallon 35 $ 385. 12 Agave panyi 'hybrid' EA 24 $ 48. $ 1,152. 5 Galion 13 Decomposed Granite— 1/2" thick SOFT 6,000± $ "Brimstone" .41 $ 2,460. 14 Cobble—4"to 8" size—"Crests SOFT 1,700t $ 2.51 $ 4,260. Gray" 15 Irrigation System Retrofit LS 1 $ 1,400. $ 1,400. 16 Plant Establishment and LS 1 $ 450. $ 450. Maintenance TOTAL BID PRICE ~ > $ 20,812. C-2 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$ 20,812. TOTAL AMOUNT BASE BID IN WORDS Twenty thousand, Eight Hundred and Twelve Dollars. IN WITNESS WHEREOF CONTRACTO execute this Bid as of date set forth on Page C-1: By: fgt. (must be notarized) Title: CEO 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 KtvcrSidk ) On Oflalia v 20 , 20 11 before me, Cxy1 aCf, fit, kip-tut') Puol, personally appeared Corti 14E, who prov d to me on the basis of satisfactory evidence to be the person) whose name(,) /are subscribed to the within instrument and acknowledged to me that a/she/they executed the same in tii /her/their authorized capacity(iei), and that by(' her/their signatures) on the instrument the person(,I), or the entity upon be alf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o •. , CANDACE LEE 1 NOTARY Commission No.21 b428PUBtJC-CALIFORNIA7 .. RIVERSIDE COUNTY ! Signature of Notary Public ?`" w Corm Expires 1MY22.2020 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 Candyl Golf Group, Inc. (2) Address 79752 Morris Ave., La Quinta, Ca. 92253 (3) Telephone No. 760-200-0073 (4) Type of Firm (Individual, Partnership or Corporation) Corporation (5) Corporation organized under the laws of the State of California (6) Contractor's License No. 810547 Exp. Date 10/31/2019 (7) Department of Industrial Relations Contractor Registration number: 1000054466 (8) Email Address of Contractor's DIR Contact Candylgolf@aol.com (9) DIR Classifications Landscape/Irrigation Tradesman (10) Have you or any of your sub-contractors been debarred: Yes ❑ No [i 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.) Cary Lee, CEO Terry Lee, Secretary (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 1. Turf Removal, 12/28/2015 Del Mar Countrr�y Club $48,775. Irrigation Retrofit 6001 Clubhouse-Drive Planting Rancho Santa Fe, Ca. 92067, 2. Removed Soil, 03/13/2017 Monarch Beach Golf Links $34,540.26 Retrofitted Fair- 50 Monarch Beach Resort Dr. way Drainage Dan. Point Ca._97629 3. Turf Removalntaluzlu $80,000. Irrigation Retrofit 06/05/2017 amino an aluz East Planting, Drainate. San Diego, Ca. 92127 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 sybcontractor's DIR registration number may result in the bid laeina rejected as non-responsive. Subcontractor's Name: None License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: Subcontractor's Name: None License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: Subcontractor's Name: None 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: Cary Lee 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. r 4 By: aim Title: CEO 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: Candyl Golf Group, Inc. DIR REGISTRATION NUMBER: 1000054466 DIR REGISTRATION NUMBER EXPIRATION DATE: 06/30/2018 DIR CERTIFIED PAYROLL EMAIL ADDRESS: Candylgolfr@a aol.com 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 ndyl G If Group, Inc. Signature: Printed Name: Cary Lee Title: CEO Dated: 12/21/2017 E-1 F — NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the CECbf Candyl Golf Group, Inc. , 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 21st. day of December 20 17, at 10;00a.m. Palm Desert, Ca. . City State CONTRACTOR '', oBy: titi Signature Title: CEO F-1 G-BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we Candy Golf Group, Inc. as principal, and Sure1 eC nsurance _ omDanv as surety, are held and firmly bound unto the City of Palm Desert in the sum of$ 5,000.00 (10% of bid) to be paid to the said Cky 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: CHARGER TURF REMOVAL AND LANDSCAPING Project No. 960-17 Contract No. C36470 The general items of work to be done hereunder consist of converting the turf area surrounding the Charger Sculpture to drought tolerant landscape, including irrigation system modifications, and dated 12/21/17 is accepted by the City of Palm Desert, and if the above bounden principal Candy!Golf Group, Inc. 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 attomey's fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF,We hereunto set our Hands and Sealsthis 'loth _ day of December 20 1 . Cont/actor's Name: Candyl Golf Gro p, Inc. Contractor's Signature: ( a114 .i`(Srature must be notarized) Tice: GE.o Address: 19 Pr S Ads. / l-6 a44;.1/41 TA (� a132 -2, Telephone: 1'0 ' ?moo ' o 0-7 G-1 Scanned by CamScanner Surety's Name: SureTec Insurance Company Surety's Signature: (Signet must be notarized) Title: Andrew Sysvn, Attorney-in-Fact Address: 3131 Camino del Rio N., Suite 1450, San Diego CA A2inR Telephone: 800-288-0351 G-2 Scanned by CamScanner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 I ) County of RiVelfclGtP� On,DELCh1beV 2J) 2_01 before me, Candaw Leh, Notayi4I�uU IiL , Date ° Here Insert Name and Title of the Officer personally appeared C.'oyt.. Vt.� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name are �scribed to the within Instrumen and acknowl dged to me that /she/they executed the same in er/thelr authorized capacity((es`),and that b er/their signaturr(sf on the instrument the person(s), or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws 0-#t CANDACE LEE of the State of California that the foregoing paragraph fa is true and correct_ c Commission No.2164287 A NOTARY PuBUC-CALIFORNIA 9 WITNESS my hand and official seal. t RIVER&DE COUNTY My Comm.bytes MAY 22.2020 ( Signature. _ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: O Corporate Officer — Title(s): C,Corporate Officer — Title(s): O Partner — O Umited 0 General 11 Partner — 0 Limited 0 General ❑Individual ❑Attorney In Fact Li Individual O Attorney in Fact O Trustee 0 Guardian or Conservator ❑Trustee 0 Guardian or Conservator O Other: Other: Signer Is Representing: Signer Is Representing: x.SRvz. `cat.cacxcu.,.gar.�,j:talc"L;cvan.R.ti;c.�ac,�.�c�sstwzr,��eCLtCLR.Z C2014 National Notary Association •www.NationalNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 Orange On 12/14/17 before me, David Goetsch, Notary Public Date Here Insert Name and Title of the Officer personally appeared Andrew Sysyn Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(31) i&1 subscribed to the within instrument and acknowledged to me that herd' executed the same in hisNelfittlit4r authorized capacity() ),and that by his�iP 6f signature()on the instrument the person(§), or the entity upon behalf of which the person16)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws '•y. DAVID GOETSCM of the State of California that the foregoing paragraph Z ! COMM.#2055525 '" is true and correct. r,�t. iv) NOTARY PUBLIC•CAUFORNIA ORANGE COUNTY WITNESS myhand and official seal. ' P MY COMM.EXPIRES Jan.19,2018 Signature Ct&i-ate a .7 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to en unintended document. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ' Signer's Name: Signer's Name: O Corporate Officer—Title(s): ❑Corporate Officer — Title(s): H Partner— ❑Limited 0 General D Partner— U Limited 0 General Individual E.Attorney in Fact O individual 0 Attorney in Fact Trustee Li Guardian or Conservator O Trustee 0 Guardian or Conservator 0 Other. 0 Other: Signer Is Representing: Signer Is Representing: Zc da�,eulew.vaw. ie.1.ov laartA..vbew.e.n.A01 ©2014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 poA k: 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, 'Texas, does by these presents make,constitute and appoint Andrew Sysyn,Pamela Goetsch its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five MiNion and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the 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 in the premises. Said appointment shall continue in force until ,mlrm,e __ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-tn-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`"of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 29th day of March ,A.D. 2017 . (:113-1 � oFcSURETEC t : ' • E i 'SANY tv� % By: i'Q � John Knox,'., 'rest' nt State ofTexas ss: 1 t County of Harris — On this 2sth day of March,A.D.2017 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he stand his name thereto by like order. • 414,,,, XENIA CHAVEZ =,�: T.Notary Public,State of Texas s Comm.Expires 09-10-2020 V„°;,,��� Notary ID 129117669 X a avez,Notary Public y commission expires September 10,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 14th d of De b____27 2017 , A.D. nt B ,Assistant Sc ctary Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of thls power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 17603417098 Palm Desert Public Works 11:17.38 12-15-2017 1 r2 t. 1►. ,j _ r. 4'rr�- if11 l'7= CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CHARGER TURF REMOVAL AND LANDSCAPING PROJECT NO.960-17 CONTRACT NO. C36470 lSS 0 E EMBER ,2017 M GREENWOO , P.E. DIRE OR OF PUBLIC WORKS IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S BID 1760341 7098 Pa,m Desert Public Works 11 18 41 12-15-2017 2/2 The following Is in response to written question(s) received, and a clarification on the plans. This Addendum No. 1 changes the following items of the project bid documents for the above-referenced project. 1. Question: The project calls for l" thick layer of Brimstone DG. Is this correct? Answer: No. The correct depth of the Brimstone DG Is to be I/"±. 2. Clarificatfon: Sheet L-3 of the plan shows "Exist Cobble." Cobble is to be completely removed as shown on Sheet L-2, and replaced with Angular Gray "Crests" (or approved equal) as shown an Sheet L-3. There is no existing cobble to match. G:IPubWorlu1PR01EC I S1960-17 Charger Turf Removal and LondsapInglBid DoanswsUddendum No.I.doa .'f-ti. #6c40,z. \so. P4\' O A *+i ►..+4 ► +A ilo N. wA ■ !I f EL_PA_ SEa QFl. N Charger Sculpture �,! Turf Reduction q 4 �./- 1 ,830 Sq Ft e 'n. .: fie ' Date- 1/2016 VICINITY MAP