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HomeMy WebLinkAboutC34940 - Firecliff Bunker Reno-DWGR-Earth SculpturesCITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C34940 TO EARTH SCULPTURES FOR FIRECLIFF GOLF COURSE BUNKER RENOVATION PROJECT AT DESERT WILLOW GOLF RESORT SUBMITTED BY CONTRACTOR: DATE: CONTENTS: Recommendation Martin Alvarez, Director of Economic Development Earth Sculptures, Inc. 38-207 N. Primrose Lane Indio, California 92203 March 24, 2016 Contract No. C34940 Contractor Bid Proposal Maps By Minute Motion, that the City Council: (1) Authorize the award of Contract No. C34940 in the amount of $632,000.00 to Earth Sculptures for the Firecliff Golf Course Bunker Renovation project at Desert Willow Golf Resort; and (2) Authorize the Finance Director to set aside the amount of $63,200.00 as 10% contingency (use of contingency requires additional action); and (3) Appropriate an additional $95,200.00 from Fund 441 to Account No. 4414195-4809200. $600,000 is currently available in Fiscal Year 2015/16 Desert Willow Capital Improvement Fund. Executive Summarv: On February 1, 2016, the City issued a notice inviting bids for the Firecliff Bunker Renovation Project at Desert Willow Golf Resort. Bids were opened on March 1, 2016. After review of the bids, Earth Sculptures, Inc. was lowest responsive bidder. Approval of staff recommendation will authorize the award of contract to Earth Sculptures, Inc., Indio, CA in the amount of $632,000.00 for the renovation of all bunkers on the Firecliff Golf Course at Desert Willow Golf Resort, as well as setting aside a 10% contingency Staff Report Award Contract No. C34940 Firecliff Bunker Renovation March 24, 2016 Page 2of5 and appropriating of funds to cover the project costs above the $600,000 currently budgeted in the Desert Willow Capital Improvement Fund. Background: The City owned Desert Willow Golf Resort consists of two 18-hole golf courses designed by Hurdzan/Fry Golf, known as the Firecliff and Mountain View Golf Courses and were opened in 1996 and 1998 respectively. The golf resort also has a 27,000 square foot clubhouse and over 100 acres of surrounding vacant development lot pads. The Golf Resort was developed with a vision to provide golf amenities to both Palm Desert residents and visitors and as an economic development tool to attract new timeshare units, hotel and retail developments that will augment the City's tax base. To date, over 211 out of 396 entitled timeshare units have been built. In addition, a total of 281 hotel units have been developed. The design intent of the Firecliff Golf Course was to provide a championship style golf course that would challenge the highly skilled and potentially be used as part of the professional golf tournament formally known as the Bob Hope Classic (now Humana Challenge). Although the course was designed with the capability to host a professional golf event, the course has never been included as part of a professional golf event. The design intent of the Mountain View Course was to provide a course that would challenge the avid golfer while still providing playability for the average player. The Golf Resort has been recognized as a 4.5-star public golf course by the professional golf associations, magazines and media and it has routinely ranked within the top 50 public golf courses in the nation. Both residents and visitors have enjoyed the golf courses and amenities over the last 19 years, with an average of 80,000 golf rounds per year. With the heavy golf utilization that the golf courses have experienced over the years, in 2009 staff contracted with the original golf course architect Hurdzan Golf to evaluate the condition of both courses including their playability in relation to the original design intent. During their site visits and golf course evaluations, the architects reviewed the wear and tear to tee boxes, bunkers, greens and lake edges. It was determined that over the years, both golf course greens have become smaller in size; the aggressive growth of the Bermuda grass has encroached onto the greens and the tee boxes have endured significant wear and tear and bunkers required work to bring playability back to original design. Based on the architect's prioritization of the work for both golf courses, in 2010, the Mountain View Golf Course was renovated. The greens were increased in size to their original design, the bunkers were lined and drainage and new sand was installed. The golf course lake edges were also renovated to improve ease of maintenance and appearance. These improvements were necessary to improve playability, increase the pace of play and alleviate the wear and tear occurring on the course over the first 10 years. The renovation of the Firecliff Golf Course was placed on hold. GAEcon DevelopmentWartin A1varez\2016\SR\DesertWi11owFC BunkerRenov 3-24-16.doc Staff Report Award Contract No. C34940 Firecliff Bunker Renovation March 24, 2016 Page 3of5 In 2014, Hurdzan Golf was re -hired to address all future long term improvements necessary to renovate the Firecliff Golf Couse and the resort facilities necessary to maintain the resort's 4.5-star rating for quality of experience. Hurdzan Golf developed a long term capital improvement master plan, which included the following components: • Create a long range master plan of improvements to the Firecliff Golf Course to include renovation of the tee boxes, bunkers and greens to their original condition. • Develop plan recommendation on both golf courses to reduce maintenance/labor costs, reduce water usage (turf reduction) and enhance the course's sustainability. • Provide construction documents that will guide the renovation/leveling of the existing practice facilities (driving ranges) and renovation of the Firecliff bunkers. The golf course architect completed the improvement master plan, including prioritization of all improvements, cost estimates, and a phasing plan necessary to restore the golf resort to its original design intent and maintaining the high quality and ranking the resort has achieved over the years. Based on Hurdzan Golf's recommended improvement master plan and review by City staff/ Kemper Sports Management, the following improvement projects were prioritized over a five year period. 1. Year 1, FY 2013/14 - Renovation/Re-leveling of the Resort driving range — (Completed Summer of 2014) 2. Year 2, FY 2014/15, No construction ($300,000 budgeted and carried over) 3. Year 3, FY 2015/16 - Renovation of all Firecliff bunkers - $300,000 budgeted — (Proposed Summer of 2016) 4. Year 4, FY 2016/17 - Renovation of the Firecliff greens -as budget allows 5. Year 5, FY 2017/18 - Turf reduction plan for both golf courses/renovation of the Academy driving range - as budget allows. The turf reduction plan includes the eliminating approximately 20 acres of turf on both courses without affecting play and quality of experience. It is estimated that the full turf reduction project for both courses would cost approximately $2.3M. The estimated water savings after project completion would be 41,000 gallons of water annually. Staff anticipates creating a phasing plan to address turf reduction as budgets allow. Discussion: The Firecliff Golf Course has not seen a renovation since the course opened in 1997. In order to maintain the quality of the experience and address wear and tear, the golf course architect recommends that golf courses are renovated every 10 years. After the recent evaluation by Hurdzan Golf, it was determined that the Firecliff bunkers as being of high priority requiring renovation. Over the last nineteen years the bunkers have not been touched. Years of wear and tear and blow sand contamination of the bunkers has led to inconsistency of the sand condition and play. The condition of the Firecliff GAEcon Development\Martin A1varez\2016\SR\Desertwi11owFC BunkerRenov 3-24-16.doc Staff Report Award Contract No. C34940 Firecliff Bunker Renovation March 24, 2016 Page 4 of 5 bunkers is the only feature that recently has seen negative comments. The proposed bunker renovation project will reduce the number of bunkers, by elimination and consolidation of some bunkers. All bunkers will receive new drainage and new sand which will improve the quality and speed of play. Increasing the pace of play will equate to a higher guest satisfaction and slightly higher revenues. There are approximately 105 bunkers on the Firecliff Course and 45% will be combined or removed. Because bunker maintenance is labor intensive, this renovation is estimated to reduce annual labor cost by $100,000. Contractor Qualifications: In 2015, staff developed a Request for Qualifications (RFQ) for contractors that have experience with golf course renovations. Golf course renovation work is a skill that is very unique and specific to the golf industry. As part of the RFQ, the City requested that bidders provide a listing of a minimum of five projects with similar scope completed within the last 10 years. The RFQ would allow the City to ensure that the prospective contractor has experience with this type of specialized work. After reviewing the RFQ's submitted, 4 contractors were selected as pre -qualified to bid on this project: 1. Landscapes Unlimited, LLC, Lincoln, NE 2. Earth Sculptures, Inc., Indio, CA 3. Wadsworth Golf Construction, Buckeye, AZ 4. Heritage Links, Houston, TX Bid Results: On February 1, 2016, City staff issued a notice inviting sealed bids to the four pre - qualified contractors. On March 1, 2016, the City Clerk publicly opened and read the two bids submitted. Below is a summary of the bids received. Company Name Bid Amount Earth Sculptures Inc. - Indio, CA $632,000.00 Landscapes Unlimited, LLC, Lincoln, NE $755,494.94 Staff recommends that the City authorize the Mayor to execute a contract with Earth Sculptures, Inc. in the amount of $632,000.00 for the Firecliff Bunker Renovation Project. Earth Sculptures, Inc. is a local contractor and has extensive experience with golf course renovations. Earth Sculptures is extremely familiar with the Desert Willow Golf Resort, as they were the contractor responsible for renovating the Mountain View Golf Course in 2010. If staff is authorized to award a contract to Earth Sculptures, Inc., the project would commence in mid -May 2016, and the renovation would be complete mid -September 2016. The course would reopen in November 2016 after normal overseeding. From an operation standpoint, this work will be completed during the non -peak period (i.e., G:\Econ Development\Martin Alva rez\2016\SR\DesertWlIlowFC BunkerRenov 3-24-16.doc Staff Report Award Contract No. C34940 Firecliff Bunker Renovation March 24, 2016 Page 5of5 summer months). The Mountain View golf course will remain open during the summer and will accommodate the traditionally lower number of golf rounds. Fiscal Analvsis A total of $600,000 has been budgeted in Fund 441 during the last two fiscal years. An additional $95,200.00 is recommended to be appropriated from Fund 441 to Account No. 4414195-4809200 to cover the 10% contingency of 63,200.00 and the remaining contract amount of $32,000.00. Funds are available in the Fund 441 Capital Improvement Projects to cover the project costs. Submitted By: Martin Alvarez Director of Economic Development Revie ed: ul . Gi son Director of Finance n M. Wohlmuth Manager Department Head: Rudy A Za Assistant City Manager GAEcon DevelopmentWartin A1varez\2016\SR\DesertWi11owFC BunkerRenov 3-24-16.doc CONTRACT NO. C34940 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of March 2016 by and between the City of Palm Desert, California (hereinafter referred to as "CITY"), a municipal corporation whose principal office is located at 73-510 Fred Waring Drive, Palm Desert, California 92260, and Earth Sculptures. Inc. (hereinafter referred to as "CONTRACTOR"), a golf course restoration and construction company whose principal office is located at 38207 North Primrose Lane, Indio, CA 92203. (CITY and CONTRACTOR may sometimes be referred to individual or collectively as "Party" or "Parties"). WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for CITY Project, DESERT WILLOW FIRECLIFF GOLF COURSE BUNKER RENOVATION PROJECT, CONTRACT NO. C34940, in strict accordance with the Contract Documents identified below, CITY has accepted said bid in an amount not -to - exceed $632,000.00. 2. CONTRACTOR states that it has: (a) re-examined its Contractor's Bid, and found it to be correct; (b) ascertained that its subcontractors are properly licensed, and possess the requisite skill and forces; and (c) 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: Contract Documents. The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; Q) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 1; (m) Any Change Orders issued; (n) Any additional or supplemental specifications, notices, instructions, and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full, and upon the proper issuance of their documents, they shall likewise be deemed incorporated. 2. Proiect Term. CONTRACTOR shall: (a) commence the work within ten (10) calendar days after the date of the "Notice to Proceed"; (b) do all things Page 1 CONTRACT NO. C34940 necessary to construct the work generally accordance with the Contract Documents; and hundred five (105) calendar days from the Project Manager's satisfaction. described in Recital No. 1, in (c) complete said work within one "Notice to Proceed" date, to the 3. Independent Contractors. CONTRACTOR is, and shall at all times remain as to CITY, a wholly independent contractor. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY. Neither CITY nor its elected officials or its appointed officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, agents, or subcontractors, except as set forth in the Contract Documents. 4. Indemnification. CONTRACTOR agrees to indemnify, defend, and save CITY, its elected officials, its appointed officers, employees, and agents, and the Project Manager, 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 or its officers, employees, agents, or subcontractors, 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 above in Paragraph 1 of this Agreement. d. Attention is directed to Section 6-9, "Liquidated Damages," of the Standard Specifications. This section is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be One Thousand Dollars ($1,000) dollars per calendar day of delay. 5. Disputes. 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 CITY or CONTRACTOR, should be entitled to a reasonable sum for attorney's fees that are incurred in any such litigation relating to this Agreement. Page 2 CONTRACT NO. C34940 6. Application. This Agreement shall be binding upon all parties hereto, and their respective heirs, executors, administrators, successors, and assigns. 7. Governinq Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 8. Notices. All notices required or permitted under this Agreement shall be in writing, and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, and address as follows: For CITY: City of Palm Desert Attention: Mr. John M. Wohlmuth City Manager 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 For CONTRACTOR: 9. Pavment of Subcontractors. CONTRACTOR shall be paid in the manner set forth in the Contract Documents, based upon 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 ten (10) days from the receipt of each payment that the prime CONTRACTOR receives from CITY. Any delay or postponement of payment from the above -referenced time frame may occur only for good cause, following CITY'S written approval. Release of Retention: CONTRACTOR agrees further to release retention payments to each subcontractor within thirty (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 CITY'S written approval. Page 3 CONTRACT NO. C34940 10. Worker's Compensation Insurance. Execution of the Agreement by the parties constitutes: (a) their agreement to abide by all applicable provisions of the California Labor Code; (b) CONTRACTOR'S certification that he is aware of the provisions of said Labor Code, and will comply with them; and (c) CONTRACTOR'S certification as follows: "I am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above -written. This Agreement is being executed in two (2) duplicate originals, each of which together shall constitute one and the same instrument. CITY shall retain one (1) duplicate original, and CONTRACTOR shall retain one (1) duplicate original. CITY: John M. Wohlmuth, City Manager ALL SIGNATURES ABOVE ATTESTED BY: Rachelle D. Klassen, City Clerk Page 4 CONTRACTOR: CONTRACT NO. C34940 CONTRACTOR ACKNOWLEDGMENT A notary public or other office 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 ) ) SS. County of ) On , 2016, 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 CITY ACKNOWLEDGMENT (seal) A notary public or other office 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 ) ) SS. County of Riverside ) On , 2016, 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 Page 5 (seal) CONTRACT NO. C34940 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Earth Sculptures. Inc. hereinafter designated as the "Principal", a contract for: DESERT WILLOW FIRECLIFF GOLF COURSE BUNKER RENOVATION PROJECT CONTRACT NO. C34940 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, Earth Sculptures. 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 Six Hundred Thirtv Two Thousand Dollars ($ 632.000.00), 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 above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 CONTRACT NO. C34940 Should it become necessary for 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, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the above -named PRINCIPAL and Surety, on this day of , 2016. SURETY INSURANCE COMPANY and/or AGENT: ADDRESS: TELEPHONE NUMBER: Page 2 PRINCIPAL AD CONTRACT NO. C34940 SURETY ACKNOWLEDGMENT A notary public or other office 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 (Seal) PRINCIPAL ACKNOWLEDGMENT A notary public or other office 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 Page 3 (Seal) CONTRACT NO. C34940 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Earth Sculptures. Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated described as follows: DESERT WILLOW FIRECLIFF GOLF COURSE BUNKER RENOVATION PROJECT, CONTRACT NO. C34940, (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, Earth Sculptures, 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 Six Hundred Thirtv Two Thousand Dollars ($632.000.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be Page 4 CONTRACT NO. C34940 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of Contract or to the work to be performed thereunder or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between OBLIGEE and CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if OBLIGEE is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay OBLIGEE'S reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 12016. PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies that execute bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance as defined in California Insurance Code Section 105, 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 United States Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Page 5 CONTRACT NO. C34940 SURETY ACKNOWLEDGMENT A notary public or other office 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 (Seal) PRINCIPAL ACKNOWLEDGMENT A notary public or other office 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 Page 6 (Seal) C — CONTRACTOR'S BID DESERT WILLOW FIRECLIFF GOLF COURSE BUNKER RENOVATION PROJECT CONTRACT NO. C34940 TO: CITY OF PALM DESERT, "CITY" DATE: March 1, 2016 BIDDER: Earth Sculptures, Inc. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, ALESSANDRO WEST IMPROVEMENT PROJECT, CONTRACT NO. C34940, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). _ for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or 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 certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the 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 expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 6. UNIT PRICE SCHEDULE a. These unit prices shall be the basis for any additional charge or deduction from the lump sum bids submitted. Therefore unless this sheet is completed in full, the Owner reserves the right to reject the lump sum totals of any bidder. The Contractor should recognize that these unit prices shall be enforced for as long as the original contract is in force. b. Quantity estimates provided below are only for the convenience/reference of the Bidder for their own conceptual calculations and in no way shall serve as their basis of Bid. Reference USD ($) Line Item Estimate Unit Labor Material Unit Price 1 MOBILIZATION 1 LS Irl6, 00 C9 >�/!r 000 2 REMOVAL OF BUNKER SAND 3,112 CY '�'/O,00 Q /0, 00 3 DRAINAGE a. 4" b. 6" 5,000 500 LF LF ,! ,,, ' C 0 �� 4 FINISH SHAPING 200 HRS /�C-o 0 ' /190 5 SAND BUNKER It e a. Liner 98,131 SF 0, SU (`%, .� b. Sand 2,362 TN 0 C c.Place 98,131 SF °rZ. -o 6 SODDING 9,108 SY �!. 30 7,/S ` ,r��i%S Note: Items in Line 3 (Drainage) are to be considered an allowance to be used as directed by the Owner TOTAL: /0 2, COO Total in Words Ste' T% Teti<f 4 NOTE: All unit prices listed above will be basis of payment for extra or deductions to original contract. Owner reserves the right to add or delete any item of the contract as best suits its purposes or intentions. All prices must be "installed price" and remain in force as long as original contract is in force. Page 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 $ TOTAL AMOUNT BASE BID IN WORDS �S iX f�✓'1'¢/ �� i�' /10vf�41� z�d11171-.r IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-9: By:/2 Signatu>';�'- Title: President CONTRACTOR 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 y Subscribed and sworn to or affirmed) before me on this �� -�-- n day of Ti�cri.rA4 (mon ), (year), y ouc0 Qa&&n1 proved to me on the basis of satisfactory evidence to -e the person(s) who appeared before me. Signature of Notary Page C-3 (Seal of Notary) ARLA A. LEYVA GARCIA Commission #t 1999024 Notary Public - California Z Riverside County My Comm. Expires Doc 20, 2016 D - INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached if necessary. Company Name Earth Sculptures, Inc. Address 38-207 North Primrose Lane Indio, CA. 92203 Telephone No. 760-772-6575 Type of Firm (Individual, Partnership or Corporation) Corporation Corporation organized under the laws of the State of CA. Contractor's License No. 587364 Exp. Date 1-31-18 Department of Industrial Relations Contractor Registration number: 1000026188 (8) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Roger Downing: President Jody Downing S_P / 38-207 North Primrose Lane Indio, CA. 92203 38-207 North Primrose Lane Indio, CA 999113 (9) Number of years' experience as a Contractor in construction work 28 (10) List at least five similar projects completed recently: Contract Amount " Class of Work Date Completed Name, Address & Telephone No. of Owner 1' $824,948.00 A 8-31-2015 The Quarry 1 Quarry Lane La Quinta, CA. 92253 Mark Smith: 760-771-2062 2. Orinda Country Club $1,611,916 A Dec 1, 2015 315 Camino Sobrante Orinda, CA. 94563 Jod Fabian: 510-409-4141 3. Toscana Country Club $1,052,655.00 A Sept 1, 2015 300 Eagle Dance Circle Palm Desert, CA. 92211 Gary Peterson: 760-275-9667 4. $357,342.00 A Marriot Shadow Ridge Sept 11,2014 9003 Shadow Ridge Drive Palm Desert, CA. 9221 Kevin Wallace: 760-674-2753 sJ City of Palm Desert $869,000.00 A Ocotber 30,2009 73-510 Fred Waring Drive Palm Desert, CA. 260 Martin Alvarez: 760-346-0611 Page D-1 (11) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the following list gives the name business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed 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. Subcontractor's Name: West Coast Turf License Number: 688087 DIR Contractor Registration No. 1000009410 Business Address: P.O. Box 4563 Palm Desert, CA. 92261 Telephone: 800-447-1840 Work Description: Sod Percent of Work: 7% Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: Work Description: Percent of Work: (12) List the name of the person who inspected the site of the proposed work for your firm Marc Morgan (13) 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. (14) Contractor hereby swears under penalty of perjury that this information provided is true and rrect. By: / Title: Pres. Earth scuiptues, Inc. nature / Contractor Page D-2 E — NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the President of Earth Sculptures, 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 X �� 20� at � .. tk fi A S ,C 4,`,Af wl(� State Title: President, Earth Sculptures, Inc. CONTRACTOR Page E-1 F — BIDDER'S B©►ND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we, Earth Sculptures, Inc. as principal, and Allied World Insurance Company as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ *See below (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: Desert Willow Firecliff Golf Course Bunker Renovation Project Contract No. C34940 *Ten Percent of Total Amount Bid The general items of work to be done hereunder consist of: Renovation of the existing bunkers on the Firecliff Golf Course. Project includes new bunker drainage, liners and new sand. and dated March 1, 2016 is accepted by the City of Palm Desert, and if the above bounden principal Earth Sculptures, 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 attorney's fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 23rd day Of JSbruary 2016. Contractor's Name: Earth Sculptures, Inc. Contractor's Signature: M�=Sr Title: An. — Address: 48-207 North Primrose Lane Indio CA 92203 Telephone' 760-772-6575 Page F-1 Surety"s Name: Allied World Insurance Company Surety's Signature: "'D David K. Mahler Must be Notarized Title: Attorney -in -Fact Address; 30 S. 17th Street Suite 810 Philadelphia, PA 19103 Telephone: (650) 274-0194 aA 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. " Acknowledgment State of California } � See Attached County of O OL9 , —(>)O 1 before me,r h' .Jh. GV�C4 I)Z)'i"-t P� personally appeared V-0�r j who ved to me on the basis of satisfactory evidence to be the person whose named' is � subscribed # the within instrument and acknowledged to me a he ey executed t same in i authorized capacit ,and that by it signature on the it rument the person , or the entity upon beha which the person acted, executer! the instrument. 1 certify under PENALTY OF PERDU foregoing paragraph is ti;ue andzWi Signature the laws of the State of California that the VZ Page F-2 my hand and official seal. (Seal) KARLA A. LE WA GARCIA Commission * 1999024 Notary Public - California Riverside County MI Comm. Expires Dec 20, 2016 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 San Mateo On February 23, 2016 before me, Date personally appeared David K. Mahler Soy Wong, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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. —SOY WONG r <' * Commission #t 2051554 i • Notary Public - California z z "'r San Mateo County My Comm. Expires Dec 12, 2017 Place Notary Seal Above 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 4�1 ZSignat re of Notary Public 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907