HomeMy WebLinkAboutC35610 - Catalina Community Garden Renovations 997-17Contract No. C35610
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C35610 FOR THE CATALINA
COMMUNITY GARDEN RENOVATIONS TO HORIZON
PROFESSIONAL LANDSCAPE OF COACHELLA, CALIFORNIA,
IN THE AMOUNT OF $65,000 (PROJECT NO. 997-17)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Horizon Professional Landscape
48727 Charlton Peak
Coachella, CA 92236
DATE: December 8, 2016
CONTENTS: Agreement and Bonds
Contractor's Proposal
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C35610 for construction of the Catalina
Community Garden Renovations to Horizon Professional Landscape
of Coachella, California, in the amount of $65,000 (Project No.
997-17);
2. Authorize the Director of Finance to set aside a 10 percent
contingency in the amount of $6,500; and
3. Authorize the Mayor to execute the subject agreement.
Funds for this project are available in Account No. 2334618-4400100, Park Fund.
Strateqic Plan Obiective
The Catalina Community Garden Renovations project supports two goals of the
Strategic Plan. The Strategy section of Priority 3 of the Parks and Recreation goal is to
make recreation/health/wellness an integral part of the Palm Desert community. By
Staff Report
Award Contract C35610 to Horizon Professional Landscape
Page 2
December 8, 2016
updating our aging community gardens, we are encouraging residents to grow their own
vegetables and/or fruits as part of a healthy, active lifestyle. Updating the irrigation
system in the new garden boxes will provide an immediate reduction in water use,
which furthers Priority 1 of the Energy and Sustainability goal.
Backqround
The San Pablo Community Gardens (Guadalupe, Catalina, San Nicholas, and Santa
Rosa) are located along the west side of San Pablo Avenue between Royal Palm Drive
and Santa Rosa Way, and were originally constructed in the late 1990s. The original
planter boxes were constructed using a recycled wood and plastic product that has
badly warped over the years, and material is no longer available for on -going repairs.
The Guadalupe garden area was renovated and re -opened in late 2015, and has been
a hit with our local gardeners.
On September 8, 2016, the City Council approved purchasing the replacement planter
boxes from Greenday, LLC, of Indio, California. The new boxes are made using a
recycled glass and concrete product that is produced in the Coachella Valley. The
material is manufactured using a minimum of 70 percent post -consumer glass, and
minimizes maintenance costs while increasing the longevity of the planter boxes.
Award of Contract No. C35610 is for the components necessary to complete the
renovation including drip irrigation, new soil, and wood chips. A Notice Inviting Bids was
advertised, and on November 15, 2016, sealed bids were opened and read aloud. The
following is a summary of the bids received:
Contractor Location Bid Amount
Horizon Professional Landscape Coachella, CA $65,000
Earth Sculptures Indio, CA $85,700
Kirkpatrick Landscaping Indio, CA $92,800
AToM Engineering Construction Hemet, CA $138,398
Upon reviewing the low bid from Horizon Professional Landscape it was determined that
there were minor irregularities: the "Email Address of Contractor's DIR Contact" and the
DIR Classifications used for project" were left blank, and Horizon had acknowledged
receipt of an addendum when no addendum had been issued. The City Attorney has
advised that these are minor irregularities and can be waived. Therefore, staff
recommends awarding the contract to Horizon Professional Landscape.
Staff Report
Award Contract C35610 to Horizon Professional Landscape
Page 3
December 8, 2016
Fiscal Analysis
This project is an upgrade to a city park, and there is no fiscal impact beyond the cost to
construct the community gardens.
Prepared By: Depa H ad:
R ndy C ez, Landscape Supervisor Mark Care nwood, P.E.
Directhr P
f Public Works
J6net M. Moore, Director of Finance
Approval:
Lauri Aylaian, City Manager
gel
CONTRACT NO. C35610
AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of December 2016, by
and between City of Palm Desert, California, hereafter called "CITY" and Horizon
Professional Landscape, hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. Catalina Community Garden Renovations, PROJECT NO. 997-17; CONTRACT
NO. C35610, in strict accordance with the Contract Documents identified below,
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)
The Bidder's Bond; (g) The Performance Bond; (h) The Payment Bond; (i)
General Specifications; 0) The Special Provisions; (k) The Standard
Specifications as modified in other portions of the Contract Documents; (1) Any
Change Orders issued; (m) Any additional or supplemental specifications,
notices, instructions and drawings issued in accordance with the provisions of the
Contract Documents (n) The Determination of Prevailing Wage Rates for Public
Work, (o) Addenda No(s). 0 . All of said Documents presently in existence
are by this reference incorporated herein as if here set forth in full and upon the
proper issuance of their documents they shall likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 21 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
1
CONTRACT NO. C35610
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. C35610
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: Horizon Professional Landscape
In
Signature to be notarized
TITLE:
CITY:
BY:
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
3
CONTRACT NO. C35610
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
4
CONTRACT NO. C35610
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to HORIZON PROFESSIONAL LANDSCAPE, hereinafter designated as the
"Principal," a contract for:
CATALINA COMMUNITY GARDEN RENOVATIONS
PROJECT NO. 997-17
CONTRACT NO. C35610
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Horizon Professional Landscape , the
Principal, and as Surety, are held
and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal
sum of Sixty-five Thousand and no/100 Dollars ($65,000.00), being 100% of the
contract amount in lawful money of the United States of America for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully
fulfill all obligations including the one (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract
Documents, unless otherwise provided for in the Contract Documents, the above
obligation shall hold good for a period of one (1) year after the acceptance of the work
by the City, during which time if the Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage
resulting from or caused by a defective materials or faulty workmanship. The
obligations of Surety hereunder shall continue so long as any obligation of the
Contractor remains. Nothing herein shall limit the City's rights or the Contractor or
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure Section 337.15.
Page 1
CONTRACT NO. C35610
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.
Page 2
CONTRACT NO. C35610
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 2016.
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.:
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.
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
CONTRACT NO. C35610
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
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 4
CONTRACT NO. C35610
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City")
has awarded to HORIZON PROFESSIONAL LANDSCAPE (hereinafter designated as
the "CONTRACTOR/PRINCIPAL"), an agreement dated December 8, 2016, described
as follows: CATALINA COMMUNITY GARDEN RENOVATIONS, PROJECT NO.
997-17, CONTRACT NO. C35610 (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, HORIZON PROFESSIONAL LANDSCAPE, the
undersigned CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of
the California Civil Code, in the sum of Sixty-five Thousand and no/100 Dollars
($65,000.00), said sum being not less than one hundred percent (100%) of the total
amount payable by the said City under the terms of the said Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to
pay any of the persons named in Civil Code Section 9100, fail to pay for any materials,
provisions or other supplies, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, for any work or labor
of any kind, or for bestowing skills or other necessary services thereon, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department or Franchise Tax Board from the wages of employees of said
CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code
Section 18663 with respect to such work and labor the Surety or 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.
Page 1
CONTRACT NO. C35610
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:
Horizon Professional Landscape
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
The total amount of premium charged: $
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
per thousand.
(the above must be filled in by corporate surety).
Page 2
CONTRACT NO. C35610
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Surety Agent or Representative for service of
process in California if different than Surety
Name: Name:
Address:
City/State/Zip Code:
Address:
City/State/Zip Code:
Telephone No.: Telephone No.:
Page 3
CONTRACT NO. C35610
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.
State of California
County of
On
personally appeared
satisfactory evidence to be the
instrument and acknowledged
authorized capacity(ies), and
person(s), or the entity upo
instrument.
before me,
, who proved to me on the basis of
person(s) whose name(s) is/are subscribed to the within
to me that he/she/they executed the same in his/her/their
that by his/her/their signature(s) on the instrument the
n behalf of which the person(s) acted, executed the
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 4
CONTRACT NO. C35610
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
�62
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 5
CONTRACT NO. C35610
C -- CONTRACTOR'S BID
CATALINA COMMUNITY GARDEN RENOVATIONS
PROJECT NO. 997-17
CONTRACT NO. C35610
TO: CITY OF PALMDESERT, "CITY"
DATE: ////`y/ // 0
BIDDER: AloRi zr -J "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, CATALINA COMMUNITY GARDEN
RENOVATIONS, PROJECT NO. 997-17, CONTRACT NO. C35610, hereby proposes
to construct the work in accordance with the Contract Documents, including Addenda
No(s). -Z for the amount
stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
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 75
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying cash, certified or cashier's check or Bid Bond constitutes
a guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the cash Bond amount, 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
Page C-1
CONTRACT NO. C35610
expense and cost of maintaining or construction alternate facilities occasioned by
the failure to execute and deliver said documents.
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.
li ; ..■ry����. .,Y y _M,yJ..,7M�.':�.1°5...'� {.9.,.1. '�,41 ..' �y.l�t,�i?: ..� ... �A'�+"- ° t "+�t''�';A ,"U��I,f�'.`.'1- �� ijl".+...?wi.r:r� .`�5�,:,
"' y�� :r i�` ._..r_ti-�. "-R'�S„ � _ s.... �p *•ex.�,y siw,s-». < '�"x �=-F.. ' 3 iiF ,
[Vo: hitg11l11 [ G,
.. �R,�,''4'' � ,:��ud.�.t:;;;y`., � .r; kM,,,�;F,. qn., !'� _ '^"v.�'i ���,:�ivzj'R1►�- K '''.M'e'.:•�.:.. �,,..,�:t: � ., !i,,�
1 Catalina Community Garden Lump 1 $ $
Renovations Sum ,Soov
TOTAL BID PRICE I $
i f 6)Oco1
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 $ C, -�5 d d o
TOTAL AMOUNT BASE BID IN WORDS .s / x 7 Y
vc)/ua
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
Signature /
Title: -
CONTRACTOR
(Must be Notarized)
Page C-2
CONTRACT NO. C35610
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 i omi
Court
Subscribed and sworn to or affirmed) bef thi / day of
----~ (month), i Io (year),
tu'vot �'�
proved to me on the basis of isfactorj-eviden& to be the perso�Pr
who appeared before me
c a7'.1
Signature of Nota NOTAR euc •CAIIFOW
ae COUNTY
Cannispon F.�irt Nov. 26, 2Q19
Page C-3
CONTRACT NO. C35610
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 ROR-/ zF.J PA-m T'_6',' s, v -i A Z-- 4,1 a S c-A P &r-
(2)
Address %if
Y Z ?
Cl--1,I A & i o-J
PeFAI f11 y'2.Z3�.
(3)
Telephone No.
160
- 93 -7/
(4) Type of Firm (Individual, Partnership or Corporation) t-r�i ✓ �� v.� L
(5) Corporation organized under the laws of the State of
(6) Contractor's License No. 3 9 c1 O ' 7-7 Exp. Date ,3 0 /Ze i ;7
(7) Department of Industrial Relations Contractor Registration number:,/ 000 c+r-z;- y X z.
(8) Email Address of Contractor's DIR Contact
(9) DIR Classifications used for this project
(10) Have you or any listed sub -contractor been debarred: Yes ❑ No ® 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)
EZ-- 4
0. N C H 4
(12) List at least three similar projects (on -going or recently completed):
Contract Amount Class of Work Date Completed
",.., 'J ,,
2. . n c_Afa�
7 CS /L4`n Tt o -► �� Jr, J s � Z.F i.�
I UPKA-A ->,1F
I� 3'
Page D-1
Name, Address &
Telephone No. of Owner
c i r"/ o F ,'A
73si� �Q�� wn�-✓ti ��-
(J /1 %, ..JL; P L-A c
CONTRACT NO. C35610
(13) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the
following list gives the name, business address, the DIR Public Works Contractor
Registration number, portion of work (description of work to be done) for each
subcontractor that will be used in the work if the bidder is awarded the Contract,
(Additional supporting data may be attached to this page. Each page shall be
sequentially numbered, and headed "Proposed Contractors" and shall be
signed.) The Bidder shall list all subcontractors who will perform work or labor or
render service to the prime contractor in excess of one-half of one percent of the
prime's bid. Notwithstanding the foregoing, if the work involves the construction
of streets and highways, then the Bidder shall list each subcontractor who will
perform work or labor or render service to the Bidder in or about the work in an
amount in excess of one-half of one percent or $10,000, whichever is greater.
Failure to include the subcontractor's DIR registration number may result
in the bid being relected as non -responsive. (Attach additional sheets if
necessary)
Subcontractor's Name: ,,j
License Number: DIR Contractor Registration No.
Email Address of Contractor's DIR Contact
DIR Labor Classifications for this project
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name: ✓/ ✓x
License Number: DIR Contractor Registration No.
Email Address of Contractor's DIR Contact
DIR Labor Classifications for this project
Business Address:
Telephone:
Work Description: Percent of Work:
(14) List the name of the person who inspected the site of the proposed work for
your firm
(15) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may
be required by the City.
(16) Contractor hereby swears under penalty of perjury that this information
provided is true and correct.
By: 4C A -I e,,t- :- / Title: O"_1 -jz,'7t--
Sign ure Contractor
Page D-2
CONTRACT NO. C35610
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.aovlPublic-Works.htmi for additional information.
No bid will be accepted nor anv 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 herebv 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
Deoartment of Industrial Relations.
NAME OF BIDDER: I-lei2i zoJ f/ta�'�ssivsn t.— -)scn,Pcr
DIR REGISTRATION NUMBER: / C'00 Ye 2-
DIR REGISTRATION NUMBER EXPIRATION DATE:
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the
project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and
1771.1 in its contract with any and all subcontractors and ensure that all
subcontractors are registered at the time of the bid opening and maintain
registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements
may result in the bid being deemed non -responsive.
4. Within five days of award, Contractor will provide to the City all Labor
Classifications that will be employed during the project, sorted by
Contractor or subcontractor.
Name of Firm: /-/ ew zo _j 11, o tc ,s. -J A z- .-ram s e A
Signature: /LG�a.< C --I r '.4
� �-
Printed Name: IM FA Et_ 1-4
Y Title: ° W " I e7z— Dated:
Page E-1
CONTRACT NO. C35610
F- NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
4
I am the ("J" J 67, of /-/o.Lr ZJ -J
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
.�/o ✓�,�, .� r /� , 20 / , at �!'•'�Cal�zc� C.FI
city State
By:
Signature
Title: Title: 0w-J`'7`"
CONTRACTOR
Page F-1
CONTRACT NO. C35610
G - BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, CA-SWI At-v csr e c&, as principal,
and as surety, are held and
firmly bound unto the City of Palm Desert in the sum of (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:
CATALINA COMMUNITY GARDEN RENOVATIONS
Project No. 997-17
Contract No. C35610
The general items of work to be done hereunder consist of: installation of irrigation to
garden planter boxes, installing wood chip material, gravel, potting soil, and final
grading
and dated is accepted by the City of Palm Desert,
and if the above bounden principal 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 attorneys fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Page G-1
CONTRACT NO. C35610
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this Z� day
of "r v 6 es"7— 20 /
Contractor's Name: Al e X-i zo -J -JAI-
Contractor's Signature: /1-1/eLl C e--Icllla Z. 6—
Must be Notarized
Title: ��✓ ^�
Address: `/d' 7 %- % Cf1,4,zz-•vv J
Telephone:
Surety's Name:
Surety's Signature:
Must be Notarized
Title:
Address:
Telephone:
Page G-2
CONTRACT NO. C35610
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
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
Page G-3
CONTRACT NO. C35610
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 C is )
) SS.
County of—<U'X'-�
On �, 20 or (G� �, , a
Notary Public, persona ly appeare /r ' ' ,
who proved to eon the basis of sa sfactory evidence t e the person
whose nam Is/ subscribed to the within instrument and acknowledged to
me tha y executed the same in rffh it authorized capacity(*),
and that y it signatures( on the instrument the person s}; or the entity
upon behal which the perso�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 nd official seal.
Signature A--��
Page H-4
COMM �e41
Nor YpWw RSIDE *CALIFORNIA
�
Cmwaum E*m NOV 26, 2019
JA•R/NG-DR
SANTA ROSA WAY
SAN-NICHOLAS-A•VE
CATALINA WAY
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CATALINA COMMUNITY GARDEN
RENOVATION PROJECT
997-17
CONTRACT NO. C35610
SANTA R