HomeMy WebLinkAboutC33360A Cobble and Boulder Treatment Monterey Medians 965-11Contract No. C 33360A
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C 33360A FOR THE LANDSCAPING
OF MONTEREY AVENUE MEDIANS COUNTRY CLUB DRIVE TO
DICK KELLY DRIVE COBBLE AND BOULDER TO CONSERVE
LANDCARE, INC., OF THOUSAND PALMS, CALIFORNIA, IN THE
AMOUNT OF $53,950.00 (PROJECT NO. 965-15)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Conserve Landcare, Inc.
72-265 Manufacturing Road
Thousand Palms, California 92276
DATE: January 22, 2015
CONTENTS: Agreement and Bonds
Contractor's Proposal
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C 33360A for the Landscaping of Monterey Avenue
Medians Country Club Drive to Dick Kelly Drive Cobble and Boulder to
Conserve Landcare, Inc., of Thousand Palms, California, in the amount of
$53,950.00;
2. Authorize the Finance Director to set aside a 10 percent contingency in
the amount of $5,395.00;
3. Authorize the Finance Director to deposit all reimbursements related to
this contract to Landscape Capital Reserve Fund, Account No. 400-4614-
433-4001; and
4. Authorize the Mayor to execute the same.
Funds are available in Account No. 400-4614-433-4001, Landscape Capital Project
Reserve Funds.
Background
On September 12, 2013, City Council approved a Reimbursement Agreement between
the City of Rancho Mirage and the City of Palm Desert for the construction and on -going
Staff Report
Award Contract No. C 33360A Monterey Avenue Landscape -Cobble and Boulder
Page 2 of 2
January 8, 2015
maintenance of the Monterey Avenue Median Landscape between Country Club Drive
and Dick Kelly Drive.
On November 26, 2014, staff advertised and called for sealed bids for the cobble and
boulder portion of the improvements. On December 22, 2014, the bids were opened
and read aloud. The bid results are as follows:
Contractor
Location/City
Amount
Conserve Landcare
Thousand Palms, California
$53,950.00
Earth Sculptures
Palm Desert, California
$54,650.00
Vintage and Associates'
Bermuda Dunes, California
$65,125.00
Kirkpatrick Landscape
Indio, California
$81,884.10
Zeus Construction
Palm Desert, California
$88,899.98
CVCE
Thermal, California
$98.969.00
Fiscal Analysis
The total contract amount is $53,950.00, however, the City of Rancho Mirage will
reimburse the City of Palm Desert for one half of this phase of work as outlined in the
Reimbursement Agreement, Contract No. C33060.
These improvements have no impact on the on -going maintenance.
Prepared By:
Cora L. Gaugush,
Capital Improvement Projects Technician
Deparffeht)Head:
Mark G*gnwood, P.L.
Director of Public Works
Approval:
Wohlmuth, City Manager
Project Mana
Ran Chave
Landscape Supervisor
Y�4/pz___
Paul S. Gibson, Director of Finance
Contract No. C33360A
AGREEMENT
THIS AGREEMENT is made and entered into this 22 day of January, 2015, by
and between City of Palm Desert, California, hereafter called "CITY" and Conserve
LandCare hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. Monterey Avenue Median Landscape Country Club Drive to Dick Kelly Drive -
Cobble and Boulders, PROJECT NO. 965-15, 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) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (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. 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 15 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C33360A
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.
Contract No. C33360A
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. 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 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.
CONTRACTOR: Conserve LandCare
Signature to be notarized
19r91:1
I:y1111 CA
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
191r4:4
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Contract No. C33360A
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.
CONTRACTOR ACKNOWLEDGMENT
State of California
) SS.
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 (seal)
Contract No. C33360A
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to CONSERVE LANDCARE, INC. (hereinafter designated as
the "CONTRACTOR"), an agreement dated January 22, 2015 described as follows:
Monterey Avenue Median Island Country Club Drive to Dick Kelly Drive -Cobble
and Boulders; Project 965-15, Contract No. C , (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, CONSERVE LANDCARE, 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 Fifty Three Thousand, Nine Hundred Fifty
and no/00 Dollars ($53,950.00), 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.
Page 1
Contract No. C33360A
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
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 the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the 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 120
PRINCIPAL/CONTRACTOR:
CONSERVE LANDCARE, INC.
(Typed Name of Principal/Contractor)
M
(Signature)
(Signature to be Notarized)
(Typed Name and Title)
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Signature to be Notarized)
(Typed Name of Attorney -in -Fact)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety)
per thousand
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM: Any claims under this bond may be addressed to:
Surety Agent or Representative for service of
process in California if different from above
Name: Name:
Address:
City/State/Zip Code:
Telephone No.:
Address:
City/State/Zip Code:
Telephone No.:
Page 2
Contract No. C33360A
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.
PRINCIPAL/CONTRACTOR ACKNOWLEDGEMENT
State of California )
) SS.
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)
Page 3
Contract No. C33360A
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.
SURETY ACKNOWLEDGEMENT
State of California )
) SS.
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)
Page 4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to CONSERVE LANDCARE, INC. hereinafter designated as the "Principal", a
contract for:
Monterey Avenue Median Landscape Country Club Drive to Dick Kelly Drive -
Cobble and Boulders
PROJECT NO. 965-15
CONTRACT NO. C 33360A
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, CONSERVE LANDCARE, 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 Fifty Three
Thousand, Nine Hundred Fifty and no/00 Dollars ($53,950.00), 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.
Contract NO. C33360A
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
I1-YA
PRINCIPAL
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
Contract No. C33360A
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.
SURETY ACKNOWLEDGEMENT
State of California )
) SS.
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)
Contract No. C33360A
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.
PRINCIPAL ACKNOWLEDGEMENT
State of California )
) SS.
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)
C — CONTRACTOR'S BID
Monterey Avenue Median Landscape Country Club Drive to Dick Kelly Drive -
Cobble and Boulders
PROJECT NO.965-15
TO: CITY OF PALM DESERT, "CITY"
DATE:
fL-1
BIDDER: �L ON Sc I4 ✓ e ��1� `o C-f rZc - "CONTRACTOR"
` The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, Monterey Avenue Median Landscape
Country Club Drive to Dick Kelly Drive -Cobble and Boulders, PROJECT NO. 965-15,
hereby proposes to construct the work in accordance with the Contract Documents,
Including Addenda No(s). NiA- for the amount
I 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 speed in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocable offer for 80
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
Bidders 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
Page C-1
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.
1
Mobilization
LS
1
$
$
Zsc0
op
2
Traffic Control
LS
1
$
$
Zs0i7
� C l�
Cobble -Golden Fawn or approved
SOFT
6500
$
$
3
equal 4" to 8"
Boulder-2-Foot-Hickory or approved
Fro
25
$
$
4
equal
Boulder-3-Foot- Hickory or approved
EA
35
$
$
5
equal�D-
Boulder-4-Foot- Hickory or approved
EA
15
$
$
6
equal
-;0o
TOTAL BID PRICE
$
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.
Page C-2
I
f
TOTAL AMOUNT BASE BID IN FIGURES $ S13, UD
TOTAL AMOUNT BASE BID IN WORDS hFly 7-flOb /MINI H11P 04 1)
,*VD rpcT-I pOtL�ktl2S blob Nb lEiN7�-.
IN WITNESS WHEREOF CONTRACTOR executethis Bid as of date set forth on
Page C-1: &4
Signature
Title: PorcG�cr ar /rlt:.[A4r4GL
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 )
Subscribed and swom to (or affirmed) before me on this day of
(month), (year), by
. proved to me on the basis of satisfactory evidence to
who appeared before me.
Signature of Notary
Page C-3
be the person(s)
(Seal of Notary)
CALIFORNIA ALL-PURPOSE ACKNOWLRDOMENT
J
aml CODE # „a.
State of California
County of gvvexsi*ar,
On tJZ, 14 before me, K-�i�V L. i'V;l tadHem MOM %we sy1 _ h)a —p�L`
personally appeared k4 t I:r:4d id I
Nuttlry Pd*t • Cditn"
mv C NiMrsiOk GeV"
, Enka 201y
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/herAheir 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: — rYA/Vi
Piece Nowy S" ADws . Na.y wait
OPTIONAL
Though the inforrnadon below is not nxpked by law, it may prove vahrable to persons relying on fhe document
and could prevent fraudulent removal and reoanwhment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(les) Claimed by Sligner(s)
Signer's Name:
Corporate Officer — TMe(s):
C Individual
I Partner — I I Limited 0 General
C Attorney in Fact
F] Trustee
0 Guardian or Conservator
Other: - -- --
Signer is Representing:
0 NatfonaMiary org a
Signer's Name:
F) Corporate Officer — Title(s): 4
0 Individual
C Partner — Limited General
0 Attorney in Fact
C Trustee
Guardian or Conservator
0 Other -
Signer Is Representing:
#5907
I
I
i
f.
1
C
D — INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Company Name 0iySGd2UL= / p(42C1'-
(2) Address 0 V G i✓
7—HvvSA7J D.
(3) Telephone No. -Uo —3�i3
(4) Type of Firm (Individual, Partnership or Corporation) 1o80 /o/J
(5) Corporation organized under the laws of the State of C�fi
(6) Contractor's License No. 4 S,�; � y � Exp. Date -5l ,';l 1761�-
(7) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Ira- W 1-sRq
�T
(8) Number of years' experience as a Contractor in construction work
(9) List at least three similar projects completed recently:
Contract Amount
Class of Work
Date Completed
Name, Address &
TeIeDhone No. of Owner
1.
DO D
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2.
l faw)S q t
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3.
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c�c� S�lixb�tr lZoil' I2v�
1
Page D-1
., t +V-
10 Pursuant to Califomia Public Contractor Code, Section 4100 et. S ., the
( ) 9 eq
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
C 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.
I -
Subcontractoes Name:
GLicense Number.
Business Address:
l- Telephone:
(; Work Description: Percent of Work:
J
Subcontractor's Name: L11 Z'
L� License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name: I`'
1
License Number
Business Address:
C Telephone:
Work Description: Percent of Work:
(11) List the name of the pArson who inspected the site of the proposed work for your
firm 1106, 1e_
(12) A financial statement or other Information and references sufficlently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(13) Contractor hereby syfflars under penalty of perjury that this information provided
- is true �u `/�
By Title:'/ C. 4r, W
Signature Contractor
Page D-2
r
r
11,
I
I
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U
C
I
E — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the 'Dyieuiur oK- M414CA211c4t of CAIl CKV-e 1.AnccfAY 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
Signature ��JJ
Title: P, -,Lo-�.�r �� Ale i 44oL ^-" 4e-
CONTRACTOR
Page E-1
CALIFOMIA ALL-PtMPOeSE ACKNOWLEDGMENT cML Coors; 1189
State of California J
County of f \ Vae, -Le
On 2- , — before me, L . M �Ad ? d Nn Aila 1 (ALA;r, .
oat Mere kMW No M end n" of ft often
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) istare
subscribed to the within instrument and acknowledged
to me that he/sheAhey executed the same in
his/herAheir authorized capacity('ies), and that by
KELLY L. IMAM his/herAheir signature(s) on the instrument the
ComenfasM * 203Z25 person(s), or the entity upon behalf of which the
Nowt' PUMIC - Collfornia person(s) acted, executed the instrument.
Al arsida County
M Comm. RIPO N Jul 2. 7.017FRUIPW+ I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my haA and official seal.
Signature: — VIIAM
Place ►+Cry S" Above sgn.mre of Notary PUW
OPTIONAL
Though the Information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _-
Capecity(fes) Claimed by Signer(a)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
- ❑ Other: - --- --
Signer Is Representing:
org - 1-800-US NOTARY (1-800.876.6827)
Item #5907
Bond Number: CDGBI02541
State National Insurance Company
CMG IA Administered by:
CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC.
Bid Bond conserve Landcare, Inc.
72265 Manufacturing Rd.
KWW ALL MEN BY THESE PRESENTS, that We Thousand Palma, CA 92276
(lem insect run mama a w adder or Isom two of contracts.)
State National Insurance Company Inc. administered by: Contractor Managing General
as Principal, hereinafter called the Principal, and Insurance Agency Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills CA 91364
(Haas tnsart rue mom and adders w Igat We of eueagl
a corporation duly organized under the laws of the State of Texas
as Surety, hereinafter called the Surety, are held and firmly bound unto
("we I - rag mom and address ar Mew ewe of owner)
as Obligee, hereinafter called the Obligee, In the sum of
Ten percent of greatest amount bid Dollars ($ 109b of G.A.B. ),
for the paymerit of which sum weft and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrabofs, successors and assigns, Jody and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
City of Palm Desert - Mon erey Avenue V� 'an � pp= n M'b
Drive to Dick Kelly Drive - Cobble and Boulders; Project No. 965-15
NOW, THEREFORE, if the Obliges shall accept the bid of the Principal and the Principal shall enter Into a Contract
with the Obliges In accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding
or Contract Documents with good and sufficient surety for the faithful perfommume of such contract and for do prompt
payment of labor and material furnished in the prosecution thersof, or In the scant of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obliges the difference not to exceed the penally
hereof between the arnount specified In said bid and such larger amount for which the Obliges may In good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
In full force and aNect Owner and Contractor shall obtain the Surety's consent of an extension of acceptance of the bid
bind sixty (col days.
Signed and sealed this 5th
�'e
(Witness)
(Witness)
day of December, 2014
Conserve Landcare, Inc.
nci ) (Seal)
(Title)
State National Insurance Company Inc. administered by:
Contractor Managing General Insurance Agency Inc.
(Sure (Seal)
(Title)
S fie Hope Shear, Attorney -In -Fact
20355 VENTURA BLVD., SUITE 426, WOODLAND HILLS, CA 81364
PHONE:866-363.2642 FAX:866-234-0415
Bftd No.: CDGBI02541
Premium: N/A
Taxes & Fees: N/A
State National Insurance Company, Inc. Administered by:
CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC.
POWER OF ATTORNEY
KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under
the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint
Stephanie Hope Shear
its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, the following bond described as:
City of Palm Desert - Monterey Avenue Median Landscape Country Club Drive to Dick Kelly Drive - Cobble and Boulders; Project No. 965-15
for: Three Million and 00/100 Dollars (S3.OQQ.000)
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by
law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC.
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected oMcers at the
principal once.
RESOLVED that the signature of any authorized officer and the seal of the Company may be aflimed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the
nature thereof, and such signature and seal when so toed shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has
caused this instrument to be signed and its corporate seal to be affixed by its authorized
oMcer, this 24th day of March, 2014.
STATE NATIONAL INSURANCE COMPANY, INC.
Terry L. Ledbetter, President Trace Ledbetter, Secretary
STATE OF TEXAS
County of Tarrant
On thiQM day of Marc 2014 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly swum, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal
affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board
of Directors of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written.
OIncly s
* sr�er mm"
C— Eap. 04.21-IS
(Notary Stamp]
Signature of Notary
1, Trace Ledbetter. Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this5th day of December , 2014
� -
Trace Ledbetter, Secretary
CALIFORNIA ALL — PURPOSE
State of California
County of Los Angeles
On DEC 0 5 2014 before me, JAN MICHELLE RIVERA, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER
Personally appeared STEPHAN E HOPE SHEAR
NAMES) 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
JAN MICHELLE RIVERA
WITNESS my hand and official seal. 3 ' Commission # 1939902
t o < Notary Public - California i
Los Angeles County
p My Comm. Expires Jul 3, 2015
NOTARY SEAL
CALIFORNIA ALL-PURPOSE ACKNOM XOGMENT
State of Califomia
CrAL aocs 0 1100
County of _T1V U -) 1c4c,
On IZ before me, Ae K
Date I Hen hr Name and of lee OMM
personally appeared �2Q�Oi 4a 66i4zo-A GZ
�slprnrial -
KELLY L. MCFADDE11
CatnaWka s 203M
NoWY Public - CMMaMt
nim silk Comy
Comm. E=irn Ju12.2017
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) Ware
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
hislherrtheir 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: 1�1A Al� .
Place NOWY Sal Above S4&kxe of Nobly Pubk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and oould prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:_ ---__—. --..---.-_---- ___--
Document Date:
Signer(s) Other Than Named Above: --
Capacity(ies) Claimed by Signer(s)
Signer's Name: ,
C Corporate Officer — Title(s): _
Individual
Partner — 0 Limited O General
I ! Attorney In Fact
L Trustee
L Guardian or Conservator
LI Other:
Signer Is Representing:
12 National Notary Association •
Number of Pages:
Signer's Name
O Corporate Officer — Title(s)
C Individual
E. Partner Limited General
LI Attorney in Fact
O Trustee
Guardian or Conservator
l Other:
Signer Is Representing:
org • 1-800-US NOTARY 11.800-876 68
Item