HomeMy WebLinkAboutC24670 - Landscpaing on the Country Club Dr. Median 933-04REQUEST:
SUBMITTED BY:
CONTRACTOR:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Authorize the low bidder, Hort Tech, Inc. of Bermuda Dunes,
California to withdraw its bid and Award Landscape Installation
Contract No. C24670 to the next low bidder, Pink, Inc. of Palm
Desert, California for the Installation of the Landscaping on the
Country Club Drive Median from Tamarisk Row Drive to Harris
Lane (Project No. 933-04)
H. Spencer Knight, Landscape Manager
Pink, Inc.
P.O. Box 1012
Palm Desert, California 92261
February 9, 2006
Hort Tech Withdrawal Request
Pink, Inc. Proposal
Agreement
Vicinity Map
By minute motion:
1. Authorize the low bidder, Hort Tech, Inc. of Bermuda Dunes, California
to withdraw its bid;
2. Award Contract No. C24670 to Pink, Inc. of Palm Desert, California in the
amount of $ 247,230.91 for Landscape Installation Services on Country Club
Drive Median from Tamarisk Row Drive to Harris Lane;
3. Set aside a 10% contingency in the amount of $ 24,723.09;
4. Authorize the Mayor to execute the agreement.
Executive Summary:
Bids were called for in December, 2005 and opened on January, 2006 for the installation of
median landscaping on Country Club Drive, between Harris Lane and Tamarisk Row Drive.
The low bidder is requesting that its bid be withdrawn due to obvious mathematical errors.
Staff is requesting that the City Council approve this request and that the award go to the next
lowest bidder, Pink, Inc. of Palm Desert, California.
Discussion:
On December 16, 2005 Public Works staff advertised for bids on the landscape
installation on the Country Club Drive median, Tamarisk Row to Harris Drive (Project
G •.PubWorksS:aff Reports12006`.February 9\1 Awaro contract Rnk Inc County Club Med,ans 933.041Award Contract Rnk Inc Country Club Medan project 933-04 doc
Award Landscape Installation for Country Club Drive, Harris to Tamarisk Row
Page 2 of 2
February 9, 2006
933-04). Four (4) firms
2006:
responded with the following bids on Thursday, January 9,
Hort Tech, Inc., Palm Desert, Ca.
Pink, Inc., Palm Desert, Ca.
Vintage Landscape, Bermuda Dunes, CA.
Sierra Landscape Company, Inc., Palm Desert, Ca.
$ 148,578.68
$ 247,230.91
$ 305,279.61
$ 313,396.00
Staff reviewed bid documents. During this review, staff observed an apparent
mathematical error in line item number 19, Irrigation system, in the Hort Tech, Inc. bid.
The sum for that line item was listed as $ 249.00. This is an unreasonably low sum for
the requested work. On January 20, 2006 the City received a faxed request from Jack
Kerns of Hort Tech, Inc. requesting that his bid be withdrawn due to the aforementioned
error as well as two (2) other significant errors.
The next lowest, responsive bid was from Pink, Inc. of Palm Desert, California. Pink,
Inc. has satisfactorily completed past landscape installation projects for the City.
Funds for this work are available in Account 400-4614-433-4001.
Therefore, staff recommends that City Council award the subject Landscape Installation
Contract No.C24670 to Pink, Inc. of Palm Desert, California in the amount of $
247,230.91, plus a 10% contingency in the amount of $ 24,723.09, and authorize the
Mayor to execute the agreement.
Submitted By:
ight
anager
Approv5
ACrMYor Deve
City Manager
/hsk/dhl
Department �-Ird:
Mark Greenwood, P.E.
City Engineer/Acting Director of Public
Works
/f1
ent Services Finance Director
G ''PubV/orks'Sfalt Report s`.2006'February 9‘1 Award contract Pink Inc Country Club Medians 933-04'ANard Contract Pink Inc Country Club Medan project 923-C4 doc
Contractor's Proposal
LANDSCAPE IMPROVEMENTS
ON COUNTRY CLUB DRIVE MEDIANS
Project No. 933-04
Contract No. C24670
TO: CITY OF PALM DESERT, "Owner"
DATE: 1 1-e-1 r)
�J I
BIDDER: -' �--Q
"Contractor"
The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract
Documents for the construction of Landscape Improvements on Country Club Drive
Medians, Project No. 933-04, Contract No. C24670, hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s). �) C9� i
for the amount stated in this Proposal.
By submitting this Proposal, Contractor agrees with Owner:
1. That unless withdrawn in person by Contractor or some person authorized in writing
by Contractor — not by telephone or telegram — before the time specified in the
Notice Inviting Bids for the public opening of bids, this Proposal constitutes an
irrevocable offer for sixty (60) calendar days after that date.
2. The Owner has the right to reject any or all Proposals and to waive any irregularities
or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of OWNER. Said
contract shall only be deemed awarded after the contractor's complete submission
of all contract documents, bonds, insurance documentation, and the OWNER shall
obtain all necessary signatures of the governing body, at which time the contract
shall be deemed awarded.
4. To submit to Owner such information as Owner 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 ten (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 Owner, 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 Owner 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.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are but 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
$ 10,000
$ 10,000
2
Clearing and Grubbing
SF
29,063
$
$%i
f • Y`
3
Earthwork and Grading
SF
29,063
$
t c,-.5
$
(Amount of fill needed)
Tons
323
$
4:-=
$
'
4
Decorative River Rock 3" -8" loose in
Tons
128
$
$
meandering areas per plans, details
and specifications
5
Fumish and install Decorative River
SF
4,165
$
$
Rock 3" -6" in concrete per plans,
details and specifications
6
Boulders, "Desert Sand" 3' dia. (3a)
Ea
14
$
7
Boulders, "Desert Sand" 4' dia. (4a)
Ea
17
$
I.7 ,x'
$
261
8
Boulders, "Desert Sand" 5' dia. (5a)
Ea
22
$
$
9
Boulders, "Local Gray" 3' dia. (3b)
Ea
23
$
$
10
Boulders, "Local Gray" 4' dia. (4b)
Ea
10
$
/ i ``
$
11
Boulders, "Local Gray' 5' dia. (5b)
Ea
8
$
$
12
Boulders, "California Gold" 3' dia. (3c)
Ea
15
$
13
Boulders, "California Gold" 4' dia. (4c)
Ea
9
$
14
Boulders, "California Gold" 5' dia. (5c)
Ea
2
$
15
Inorganic Mulch/Decomposed Granite
"Desert
SF
7,189
$
$
Gold"
16
Inorganic Mulch/Decomposed Granite
SF
6,979
$
„Baja Brown'
a
17
Inorganic Mulch/Decomposed Granite
SF
2,968
$
$
_
"Desert Mauve"
18
Inorganic Mulch/Decomposed Granite
SF
4,310
$
"Apache Pink"
19
Irrigation system
LS
1
$
$
20
Agave americana, 5 gal.
Ea
22
$
21
Agave bovicornua, 1 gal.
Ea
14
$
22
Agave parryi, 1 gal.
Ea
48
$
. '�
$_��
. •�
23
Agave vimoriniana, 5 gal.
Ea
16
$
24
Aloe barbadensis, gal.
Ea
24
$
25
Hesperaloe parviflora, 5 gal.
Ea
35
$
Page C-2
760 341 7098
01 04 58 p m 01 -1 3-2006 3 /3
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
Fouquieria splendens, per plans
Daisylirion wheeled, 5 gal.
Hesperaloe parviflora 'yellow', 5 gal.
Yucca rostrata, 5 gal.
Lantana camara "New Gold", 5 gal.
Gossypium harknessii, 5 gal.
Caesalpinia gilliesii, 5 gal.
Caesalpinia pulcherrima, 5 gal.
Cuphea Ilavea, 1 gal.
Baileya multiradiata, 1 gal.
Asclepias subulata, 5 gal.
Penstemon eatonii, 1 gal.
Penstemon superbus, 1 gal.
Hyptis emoryi, 5 gal.
Verbena rigida, 1 gal.
Opuntia basilaris, 1 gal.
Bougainvillea 'Monks', 5 gal.
Cordia boissieri, 15 gal.
Cordia parvifolia, 15 gal.
Euphorbia rigida, 15 gal.
Acacia aneura, 36" Box
Cercidium praecox, 36" Box
Chilopsis linearis, 36" Box
Olneya tesota, 36" Box
Washingtonia hybrid, 8' Trunk Ht.
Brahea armata, DBH
Decorative River Rock 8" —18" as
noted on plans and specifications
Maintenance and Establishment
Period, 90 days
Special Services
TOTAL BID PRICE
Page C-3
Ea
4
$
Ea
11
$
7
Ea I
22
$
3U-
Ea
16
$ I
$
4 -4 `,.
Ea l
37
$
Ea I
16
I $ i '2 ,
$
Ea
14
I$ rZ.�z
$
Ea
12
I $ <<. -
I $
lz.4-.•
Ea
79
1$
?r�.�c,
�$
Ea
49
$ i s .'c
$
4-4� Lam"
Ea I
6
$
Ea
22
$-
Ea I
10
${.
$
Ea
26
$
$
74:14
Ea
3
$ :`
$
I� �f>
Ea
4
$ $
Ea
3
I $
Ea I
18
I $ 514, $
7,; 7 � f
Ea
13
$
Tons
9
LS
1
$ 3,000
$
3,000
LS
1
I $ 30,000
$
30,000 I
Page 3 of 3
$
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
y .
tl I
IN WITNESS WHEREOF Contractor executed this proposal as of date set forth on
Page C-1:
Signature
Title:
n Contractor
LINOA ALDRi :h
Comrnhsion is 1360510
Notary Public - caffbmia ' Attest by: L�) 6 CjL�, 6- U oo
" Risersiaecoanty Notary Public in and for said County and State
�:gsi!a? k-n 10, 2M
Title: Q u T A iry Po &-) C.
Information Required of Bidder
The bidder is required to supply the following information. Additional sheets may
be attached if nece sary.
(1) Address r C1�` ' �? j�-�i� -f' C/� 1 6l
(2) Telephone No.
/ I
(3) Type of Firm (Individual, Partnership or Corporation)
(4) Corporation organized under the laws of the State of
(5) Contractor's License No. /0Exp. Date�-
Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
i
J ,
By: r,/L-/ P. '�t//I ri' Title: G�C� P��
Signature i Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
`f j
Ce
(7) Number of years' experience as a Contractor in construction work
(8) List at least three (3) similar projects completed recently:
Contract Amount
LL'C3.
'ft
Class of Work
CC--/L
Date Completed
�i
l
Name, Address &
Telephone No. of Owner
(9) List the names and addresses of each Subcontractor who will perform work in or
about the work improveme t, and indicate what portion of the work will be done
by each Subcontractor: k) 7�
Subcontractor's Narr
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Narr
License Number:
Address:
Telephone:
Work to be performed;
Subcontractor's Nary
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person, o ins ected the site Af the proposed work for your
firm r4) n 0
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the Owner.
Non -Collusion Affidavit
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
D E ANN E t 1.E P_. ,lKN D E-L , beinq first duly worn, deposes and says that
h she is C cZ_ „ 4- of J f� �;i,., c- , , the party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of
rz
e-sc;r� any undisclosed person, partnership,
comp"a?�y, association, rganion, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that 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, or to secure any advantage against the
pubic body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee
to any corporation, partnership, company, association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
Subscribed and sworn to, before me this day of 1 ANJ , 20
Signature �
Title: V!! U
Contractor
UNOAAWRK:F! Atest By:
commission#136054j Notary Public in and for said Count and State
..� Mowry Puwic - eaRtomis b ry Y
Z ;f Rrimmidae county
` PlkCcrm Ep'sn?s. M 1(0' 2CM
Title: N L:� i A P-9 PU [3 L_, C_
BOND N0. M788331 BIDDER'S BOND PREMIUM: NIL
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, PINK INC- as principal,
and __ SLiRFTY COMPANY OF TW. PACTFT(' 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 Owner 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 proposal of the
above bounden principal to perform certain work described as follows:
LANDSCAPE IMRPOVEMENTS ON COUNTRY CLUB DRIVE MEDIANS: The general
items of work to be done hereunder consist of, but are not limited to: construction
survey staking; mobilization; clearing and grubbing; cobble median; unclassified
excavation and fill; grading; landscape and irrigation; repair of damaged concrete curb
and asphalt, and dated JANUARY 19_ 2006 is accepted by the City of
Palm Desert, and if the above bounden principal PINK 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 rernain in full force and effect.
Should it become necessary for the owner 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.
TEN PERCENT OR-n ELR GREATEST AmDmr BID (107. OF THEIR G.A.B. ).
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Page F--1
BONDNO. M788331
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this
of JANUARY 20 06
Contractors Name:
Contractor's Signature;��
Title:
Address: P.O. BOX 1012, PALM DESERT, CA 92261-1012
Telephone: (760) 340-0988
Surety's Name: SURETY COMPANY OF C_I
Surety's Signature: 1
wx.��k_
Title: GDORGE ALE RED PEATE, ATTORNEY -IN -FACT'.
Address:
Telephone
6345 BALBOA BLVD.,BLDG.2,STE.325, ENCINO, CA 91316
(818)609-9232
Page F-2
13th day
� e I3�11CORPOR�fED�
�0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I� I
State of California
County of Los Angeles
On ���1^� `��� before me, YELENA N. ANTEKELYAN, NOTARY PUBLIC
� DATE NAME, TITLE OF OFFICER it
personally appeared
GEORGE ALFRED PEATE
%AME(S) OF SIGNER(S)
X personally known to me — OR — [J 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
YELM4 NIZITEKEMLYAN
0--Commission # 1418484 entity upon behalf of which the person(s) acted,
zNotary Public - Calttomia
Los Angeles County executed the instrument.
My Comm. Expires May 17. 2007[
LL. WITNESS my hand and official seal.
SIGNATURE OF NOTARY L
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
i ❑ PARTNER(S) ❑ LIMITED
Ll GENERAL
X ATTOWNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
c
SIGNER IS REPRESENTING:
l NAME OF PERSON(S) OR ENTITY(IES)
I
SURETY COMPANY
OF THE PACIFIC
DESCRIPTION OF ATTACHED
DOCUMENT
BOND NO. M788331
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
SURETY COMPANY of the PACIFIC
6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91316-1517
REPLY TO POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410-0289
SCP PHONE (818) 609-9232
POWER OF ATTORNEY
NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased.
2. This Power of Attorney is void unless the seal is readable.
KNOW ALL PERSONS BY THESE PRESENTS:
That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by
Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been
amended or rescinded and of which the following is a true, full and complete copy:
"RESOLVED: That the President or any Vice -President may from time to time appoint Attorneys -in -Fact to represent
and act for and on behalf of the Company, and either th-z President or any Vice -President, the Board of Directors or
Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or
her; and be it further
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of
the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or
undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the
President and sealed and attested by the Secretary."
does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney -in -
Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ANY AND ALL BONDS AND UNDERTAKINGS.
IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate seal of'
the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004.
SURETY COMPANY OF THE FAC)FIC
By �J
Paul R. Geissler, President
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
On this 30th day of September, 2004, before me, Yelena N. Antekelyan, Notary Public, personally appeared Paul R. Geissler,
President, of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
II
N. ANIMVAN
CommWton * 141$484
Notary PublIc - Calkx.
Los kVWN County Comm. B**ss Matt' 17,
Mena N. Antekelyan, Notary Public
ACCEPTED AND (AWED T :
Signature
Date
CERTIFICATION
(I_. so- rl,t.
1, the undersigned. Vice President and Corporate Secretary of SURETY COMPANY OF THE PACIFIC, do
hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in 1-ull
force and effect.
iN WITNESS WFIEREOF, I have hereunto subscribed my name as Vice President and Corporate Secretary, and
affixed the Corporate Seal of the Coi poration,
Oil lA N k ,S;
Kathleen Kelley Goodwin, Vice President and Corporate a Secretary
CSI W i9-Siui
SURETY COMPANY of the PACIFIC
6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91316-1517
REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410-0289
S C PHONE: (818) 609-9232
To: PUBLIC ENTITY
(GOVERNMENT AGENCY, MUNICIPALITY,
SCHOOL DISTRICT, OTHER)
Surety Company of the Pacific (SCP) has been an admitted surety in the State of California
since February, 1969. The Certificate of Authority issued by the California Department of
Insurance (CDI) granting SCP authority to transact surety business within the state is in full
force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or
suspended and we are proud of our uninterrupted service to California's contractors.
You can easily verify the current status of our Certificate of Authority by contacting the
California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at
www.insurance. ca,P-ov. If you are visiting the Web site go to the section with the heading
"Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company
Profiles" option and then enter our company name: Surety Company of the Pacific.
CSUR7 -7/03
Agreement
THIS AGREEMENT is made and entered into this 9th day of Februarv, 2006, by
and between City of Palm Desert, California, hereafter called "Owner" and Pink, Inc.
hereinafter called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to Owner its Contractor's Proposal for the construction of
Owner Project,
1. LANDSCAPE IMPROVEMENTS ON COUNTRY CLUB DRIVE MEDIANS,
PROJECT NO. 933-04, CONTRACT NO. C24670, in strict accordance with the
Contract Documents identified below, Owner has accepted said Proposal.
2. Contractor states that it has re-examined its Contractor's Proposal 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 Proposal 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 Proposal; (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) Addenda Nos. 4; (m) The Determination of Prevailing Wage
Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or
supplemental specifications, notices, instructions and drawings issued in accordance
with the provisions of the Contract Documents. 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 (10) 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 ninety (90) calendar days from the Notice to
Proceed date to the satisfaction of the City Engineer.
3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and
employees, and the City Engineer harmless from:
Page G-1
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 three hundred fifty dollars
($350.00) 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 Owner 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 Proposal as accepted by Owner, 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 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.
Release of Retention
The prime 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 written approval of the City of Palm
Desert.
Page G-2
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 Contractcr'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.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Page G-3
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
OWNER:
vj
Signature to be notarized
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
MARK GREENWOOD, P.E.
CITY ENGINEER/
ACTING DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Page G-4
Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
awarded to
designated as the "Principal", a contract fcr:
That whereas the City of Palm Desert has
hereinafter
LANDSCAPEIMPROVEMENTS
ON COUNTRY CLUB DRIVE MEDIANS
PROJECT NO. 933-04
CONTRACT NO. C24670
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, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum
of Two hundred forty seven thousand two hundred thirty and 91/100 Dollars
($ 247,230.91), 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 Owner, 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 Owner 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 H-1
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
I0-rd
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
Page H-2
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to (hereinafter designated as
the "Contractor"), an agreement dated described as
follows: LANDSCAPE IMPROVEMENTS ON COUNTRY CLUB DRIVE MEDIANS,
PROJECT NO. 933-04, CONTRACT NO. C24670, (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 3247 of the California Civil Code;
NOW, THEREFORE, we, , 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 notices under Section 3181 of the
California Civil Code, in the sum of Two hundred forty seven thousand two hundred
thirtv and 91/100 Dollars ($ 247,230.91)„ 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 3247 through 3252 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
notices under Section 3181 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 1-1
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 , 20
PRINCIPAL/Contractor:
(Typed Name of Contractor)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
SURETY:
Al
The total amount of premium charged: $
(the above must be filled in by corporate surety).
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
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:
(Name, Address and Telephone No. of Surety)
Page 1-2
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Page 1-3
Page 1-4
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01/20/2006 16:30 7603601800
HORT TECH PAGE 01
HORT TECH, INC.
P.O. BOX 3284
PALM DESERT,CA 92264
(760) 360-9000 - PHONE
(760) 360-1800 -FAX
Fax Cover Sheet
To: Spencer Knight
From: Jack
Fax: 341-7098
Date: 01/20/06
Re: Bid Letter
Pages: 2
(Including cover)
Thank you and have a great day!!
.91/20/2006 16:30
7603601800
HORT TECH PAGE 02
HO T Zj TEt CH
Landscape Management
c. lircrr�4 Corpc*.+um
January 20, 2006
Spencer Knight
Landscape Manager
73510 Fred Waring Dr.
Palm Desert, CA 92260
Dear Spencer,
Reference is made to our telephone conversation on this same date where in 1 reported to
you that in our (Hort Tech's) bid for the Country Club center island project we
committed three serious errors, the net effect of which is a bid under which 1 cannot
reasonably perform this job:
• Anadministrative error occurred when a decimal was transposed resulting
in the estimate for irrigation being $294.00 instead of $29,400.00.
• I learned that the decomposed granite that 1 hid did not have the stabilizer
and added an additional $23,172.45 to the bid.
• The boulders bid did not have labor and crane fees resulting in an
additional $6,600.00.
With these corrections you can see that my bid should have been $207,751.13. I am
hanav for that new bid to be considered rnv final bid for this iob as you present the bids
to the Council. However, 1 am requesting that my original bid, without these corrections,
be withdrawn, and my earnest check in the place of surety bond be returned to me.
I regret these errors and appreciate your consideration in these matters.
Sincerely,
/ Jacems; Owner
/ Hort Tech Inc.
Post Office Box 3284, Palm Desert, CA 92261-3284 760.360.9000 Fax: 760.360.1800 www.horttechlandscape.com
Contractor's License 598623