HomeMy WebLinkAboutC23830B - Lndscp on Fred Waring Medians Phase IIREQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract No. C23830B for Landscape Improvements
on Fred Waring Drive Medians Phasell (California Avenue to
Washington Street) to , California (955-08)
SUBMITTED BY: Mark Greenwood, P.E.
Director of Public Works
CONTRACTOR: Sierra Landscape Co.
73-771 Dinah Shore Drive
Palm Desert, CA 92211
DATE: June 12, 2008
CONTENTS: Proposal
Agreement
Recommendation:
By minute motion:
1. Award Contract No. C23830B for Landscape Improvements on Fred
Waring Drive Medians Phase II (California Avenue to Washington
Street) to Sierra Landscape Co. of Palm Desert, California (955-08), in
the amount of $299,982 .
2. Approve a 10% contingency of $29,998.20; and
3. Authorize the Mayor to execute the agreement.
Discussion:
On May 5, 2008, the City Clerk advertised and called for bids for Landscape
Improvements on Fred Waring Drive Medians Phase II (California Avenue to
Washington Street). Bids were opened and read aloud on Wednesday, May 28,
2008 at 3:00 p.m. with the following results:
1. Sierra Landscape Co. (Palm Desert, CA)
2. Mark Logan (La Quinta, CA)
3. Desert Concepts (Bermuda Dunes, CA)
4. Teserra (Coachella, CA)
$299,982.00
$365,000.00
$428,486.34
$459,460.99
Award Landscape Improvements on Fred Waring Drive Medians Phase II
Page 2of2
June 12, 2008
Staff has reviewed Sierra Landscape's bid and found it be in order with the
contract requirements. Sierra Landscape Co. has successfully bid and executed
past landscape installation contracts for the City of Palm Desert.
Funds are available in account 400-4614-433-4001.
Therefore, staff recommends that, by minute motion, Contract No. C23830B for
Landscape Improvements on Fred Waring Drive Medians Phase II (California
Avenue and Washington Street) be awarded to Sierra Landscape Co. of Palm
Desert, California in the amount of $299,982, approve a 10% contingency of
$29,998.20, and authorize the Mayor to execute the agreement.
Prepared By:
Hollingdr
Landscape Specialist
Approval:
omer Croy
ACM for Devel
Carlos L. Ort a
City Manager
/hsk/bg
ent Services
Submitted By:
t
S )encelr igh
Inc scape ,/ anager
Departmen
Mark Greenwood, P.E.
Director of Public Works
2a.1
Paul Gibson
CITY COUNCIL A
APPROVED
RECEIVED
MEETING DATE
AYES:
NOES:
ABSENT: Aron P_
ABSTAIN: A%rsn,P
VERIFIED BY: 'J)k I ir1
Original on File wtbh City Clerk's Office
I:
ctor
DENIED
OTHER
'ilk Krill/,Rp r;aid /EcYI
G:IPubWorksIPROJECTS1955-08 Landscape- Fred Waring- California to Washington\Staff Reports106-12-08 Award C238308 955-08 tolAward Contract to 955-
08.doc
Contractc�rr's �raposal
LANDSCAPE IMPR�VEMENTS
ON FRED WARING DRIVE MEDIANS PHASE It
CALIFORNIA AVENUE TO WASHINGTON STREET
Project No. 955-08
Contract No. C23830B
TO: CITY OF PALM DESERT, "Owner"
� DATE: �lf�y 28' � ZDD�'
BIDDER: sIERR� G�✓QS�-Dfr- CD . "Contractor"
;
� The UNDERSIGNED, �Contractor�, having carefully examined the site and the Contract
Documents for the construction of Landscape Improvements on Fred Waring Drive
� Medians Phase II, Califomia Avenue to Washington Street, Project No. 955-08,
' Contract No. C23830B, hereby proposes to construct the work in accordance with the
Contract Documents, including Addenda No(s). �a� 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 goveming 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
Page C-1
but not limited fio publicatior� costs, the difference in money betweeE� the amounf bid
and the amount in excess of the bid which costs Owner to do or cause fo 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 pertormed, subject to such adjustment and alterations as elsewhere provided
herein.
� � • � � . .
1 Mobilization LS 1 $ 10,000 $ 10,000
2 Clearin and Grubbin SF 45,805 $ , 03 $ y.
3 EarthworkandGrading SF 45,805 $ ,OZ $ 9!6_
Amount of fill needed CY g� $ /'Q, $ $'�50,
4 3"-6" Cobble, "Indian Gold" in SF 12,213 $ $
meandering areas per plans, details /, 60 d�j�Sy/. �
and s ecifications.
5 Fumish and install "Three Rivers" SF 5,852 $ $
flagstone, 3/<° thick in mortar on 3 '/z" .
concrete base per plans, details and �°Z' ��/ Z�-
s ecifications
�
Fumish and install Ackerstone 6CM SF 5,576 $ $
12x24 pavers placed in running bond '�r �•
parallel to the centerline of street.
Color to be tan with standard ��• (�,/� 33(�„,
aggregate grind. Place on 1" bedding
6 sand and 6" com acted road base. '
Edge Restraint—furnish and install all LF 2373 $ $
materials per manufacturer's �'� ���'
7 s ecifications 2 .SD S, 9 33 .
8 Boulders, 'Three Rivers" 3' dia. 3a Ea 118 $ gS. $ / fS30.
9 Boulders, `Three Rivers" 4' dia. 4a Ea 104 $ ZNS. $ D,
10 Boulders, "Three Rivers" 5' dia. 5a Ea 20 $ 6b0. $ / ZOp,
11 Inorganic Mulch/Decomposed Granite SF 22,164 $ ys $ � ��
"Brimstone" w/11% �nes, 2" depth �
after com action
12 Irri ation s stem LS 1 $38' 7po $ ��Q �
13 A ave bracteosa, 5 allon Ea 4 $ /g $ Z.
14 A ave desmettiana, 5 allon Ea 19 $ !3 $ �
15 A ave eminiflora, 5 allon Ea 22 $ {S, $ �
Page C-2
• � � ' • � ' • • '
16 A ave lo antha, 5 allon Ea 27 $ �� � $ ��/�
17 A ave schidi era, 5 allon Ea 5 $ 1. �. $ �i.
18 Aloe X. 'Blue Elf', 5 allon Ea 16 $ ti�, $ `?��G
19 Ascle ias subulata, 5 allon Ea 12 $ !G, $
20 Cassia wislizenii, 5 allon Ea 14 $ ?. $ � '��.
21 Cordia arvifolia, 5 allon Ea 11 $ J, $ 2 ,
22 Das lirion texanum, 5 allon Ea 4 $ �. $
23 Encelia farinosa, 5 allon Ea 5 $ /, $ SS.
24 E hedra trifurca, 5 allon Ea 11 $ �3, $ {c� ,
25 Eu horbia antis hilitica, 5 allon Ea 17 $ /S. $ ZSS.
� 26 Hes eraloe arviflora, 5 allon Ea 12 $ !D. $ �20.
27 Hes eraloe arviflora �Yellow', 5 al Ea 8 $ 17�, $ !36.
28 Lotus ri idus, 5 allon Ea 35 $ /g $ D.
29 Nolina texana, 5 allon Ea 22 $ $ Z�6.
30 Pedilanthus macroca us, 5 allon Ea 6 $ 2!, $ Z6.
31 S haeralcea ambi ua, 5 allon Ea 11 $ �. $ y.
32 Grewia caffra, '(5 allon Ea 18 $ 6S. $ l/ •
33 Acal ha monostach a, 1 allon Ea 23 $ $ !/S,
34 Dalea ca itata, 1 allon Ea 9 $ H, $ ,�6.
35 Dalea re ii, 1 allon Ea 30 $ S, $ !SD
36 Ruellia brittoniana 'Katii', 9 allon Ea 27 $ N, $ �pg;
37 Ruellia brittoniana 'Rosa', 1 allon Ea 66 $ y, $ Z6�!
38 Wedelia trilobata, 1 allon Ea 25 ,�
39 Acacia 'ennerae, 24" box Ea 1 !, ; :', � � � ��: �
40 Caesal inia cacalaco, 24" box Ea 7 -1i�. : :�:�� , ,';1,-a� ' � ;� ` '
41 Condalia hookeri, 24" box Ea 3 ` $ _�� . ��. ��1�
42 Eucal tus 'Moon low', 24" box Ea 5 �� .�- .�., �;,�-.Mr
43 E senthardtia orthoca a, 24" box Ea 2 $ $ ��,
44 Olne a tesota, 24" box Ea 1 $ ZSb. $ 2SD.
45 Olne a tesota, 36" box Ea 1 $ S 3D. � D
46 Pithecellobium a((ens, 24" box Ea 6 $ $ � �},
47 Pithecellobium allens, 36" box Ea 3 $ SDD. $
48 So hora secundiflora, 24" box Ea 3 $ ZD�9, $ D�0,
49 Maintenance and Establishment LS 1 $ 5Q00 $ SQDa.
Period, 90 da s
*50 Natural color extruded rolled LF 75 $ � $ ��
meanderin mow curb
*51 Inorganic mulch/decomposed granite SF 1,070 $ ys $ l�g2.
`Desert Gold' with 11% fines, 2" depth �
after com action.
*52 Cercidium floridum, 36" box Ea 1 $ 500. � 5'OD•
*53 Bou ainvillea 'La Jolla', 15 allon Ea 12 $ y2, $ 58N,
*54 Lantana `New Gold', 5 allon Ea 10 $ �J, $ �►p,
Page C-3
• � • � � 11 � • • �
*55 Lantana montevidensis (purpfe), 5 Ea 20 $ �; $ f�y�
allon
TOTAL BID PRICE $ Z g ��'�..
* Fred Waring and Washington Street Southwest corner landscape enhancement items.
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. A 90-Day Maintenance Period will not be required for
this area.
TOTAL AMOUNT BASE BID !N FlGURES $ 2g�}, 9�"Z .
TOTAL AMOUNT BASE BID IN WORDS Twp fluNnRr�o N�N�rY NiN�
-Ttr{flC�SA�D /V/NE ffzl�C1�� F16FiF?t/ TGU� �O I�G�S /�ND ���ao .
IN WiTNESS WHEREOF Contractor executed this proposal as d set forth on
Page C-1: ;
By: ��-o G- � zA- z
Signature
n� Title:
ca�wnaao�• »�1��s Contra
� no�a�►rubac-caaromw � .
��rNd�CouMy
�,�,ca,,,,ne�.��pzs,�mi Attest by:
Notary Pub c in and f r aid County and State
Title: CrR'� a►- Nos�.c.►� P�-au`�
Page C-4
CALfFORN1A ALL-PURPOSE ACKNOWLEDGME[�IT
&�.�rS;�'tir.cY`.cl`.4l`��'.c�f`�:r.M'�.�Y'.�C':��..�(".cc>.c�f",.F;C`.�c:!`<cl`.�c:Cscc�.,�!`�.,c�1M.�c:('.,c.r�<'.G�'��^�OS?-�.„ct � �.,�fit�("�e�e�S'.r�.Y'�G'ScrC1c�C'.,C-Y'"�C
State of California
County of � 'v�'�5��4�c _
On __. 5-�-8`'�� __ before me, ���-�-� w S'y�-�S'�"t�-- ���ct-'� �w31:L ,
Date Here Insort Name and Title of the OHicer
personally appeared L-��r-L� ��c�2•�� _
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(�'j whose name�;a'j is/� subscribed to the
within instrument and acknowledged to me that
helS!'�e/tt,�y executed the same in his�t�ir authorized
R ��ERT w=rlvEaTER capacity(ies`�, and that by his/fy�Flt}�r signature(�dJ on the
Canmtsslon# 17a111S instrument the person(�, or the entity upon behalf of
� Mofar�►PubNc-can«rnv �
Rw�nld� County which the person� acted, executed the instrument.
NMCa►n'L 6�M►23.20t t
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han an offi �al e
Signature
Place Notary Seal Above Sign ure N tary Public
OPTIONAL
Though the information be/ow is no�required by/aw, 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: �r+'l'(�+�AC.3.L��5 ��S Q•�.
Document Date: �—'�-,8—� _ Number of Pages:� ;�t1+.J.,r-. I�k.,,µ,�r
Signer(s) Other Than Named Above: ____
Capacity(ies) Claimed by Signer(s)
Signer's Name:_ �.7�+�+�.£ Z,., Signer's Name:_. _
� Individual u Individual
�Corporate Officer—Title(s): �`E.5�C� I]Corporate Officer—Title(s): __
L 1 Partner—[_l Limited l ] General :� Partner—Ll Limited Ll General
CJ Attorney in Fact . • ❑Attorney in Fact •
r Top of thumb here Top of thumb here
_ Trustee �:i Trustee
�] Guardian or Conservator r'Guardian or Conservator
!' Other: IJ Other:
Signer Is Representing: Signer Is Representing:
S i�'�(�.x�-� l.aPc+�f�SCAf,�c ----
CrJ2007 National Notary Association•9350 Oe Soto Ave.,P.O.Box 2402•Chalsworth.CA 97313-2402•www.NationalNotary org Item a5907� Reordec Call Toll-Free 1-800-876�6827
tr�4�ortx�ation aequireel af Bidder
The bidder is required to suppfy the following information. Additional sheets may
be attached if necessary.
(1) Address 7� -77i 1�:�� Sffo.�e�1�2�4� ��c� ,UE�'�RT, �- 9Zz/,�
(2) Telephone No. (7�0� 3Z8- �'9po
(3) Type of Firm (Individual, Partnership or Corporation)CoR��?i'onf
(4) Corporation organized under the laws of the State of C��/�o���l-
(5) Contractor's License No. � Y92g3� Exp. Date cIUNE � ,, Zoo�
Contractor hereby swe rs under penalty of perjury that this information provided
is true and correct.
By: Title: ��s/��T
ign ture Contractor
(6} List he ames and addresses of all owners of the firm or names and titles of ail
offic of the corporation:
G�o.e6 E � . 6o�v2str�z- .1�ir.Esio�v�`
_ —�
7,r/�Z�sA� L- fi�EssE �c�e�r.�e�
(7) Number of years' experience as a Contractor in construction work 2�'
(8) List at least three (3) similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
Tele hone No. of Owner
1.
� 5� 3 000 . ME�/�S 7 07 C� o �i3�c D��
2.
�' /90 0 00 . r�Eo� s z o 6 c, o r�._. ��,v�-
3.
�' ��� OD , s � a� �� o ��� �u�
Page D-1
(9) List the names and addresses of each Subcontractor who will perform warlc in or
about the work improvement, and indicate what portion of the work will be done
by each Subcontractor:
Subcontractor's Name: �Gf�O��� �'J�'��"LS` �S'DG1 i�fGti��i; I/C��.
License Number: � 5���&S�
Address: Z 30Z �. 62'Isr6�/D���} �ST. SG!/� rr
�Of�viX � �z. �'soa�
Telephone: �DD - �'/6 - 87�7 ___
Work to be performed: � �&GORfFT�UF �A-v�ieS
Subcontractor's Name:
License Number:
Address:
Telephone: �
Work to be performed:
Subcontractor's Name:
License Number: �
Address:
Telephone:
Work to be perFormed: ;
(10) List the name of the person who inspected the site of the proposed work for your
firm c/DE , -S - C�fze� E�17/bt�7�.+�
(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.
Page D-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDCIVfEN7
cr.cr�.cr��'.:s'�'.��'������'.��:�'��'�K�.c�.c�����'.�%n^�c<`.ce���cY��.cc�c��'•cc�<c:r,�c cr,�c�.r�
State of California
County of _ � �IE�S�Q_�.______
On _ S—�$�8 _._ before me, �x^Ys��,,,zS-rw�.s� —r�ot��.�' .�v.��:L _,
Date Nere Inserl Name and Title of the Officer
personally appeared �.�-'��� ��—Y'`Name(s)o�s�9� ��L
who proved to me on the basis of satisfactory evidence to
be the person{�'whose name(�'j is/ape subscribed to the
within instrument and acknowledged to me that
�,�,�,�,,,r�, hefs�eltl�y executed the same in his/i�r/tq�eir authorized
� �w���R capacity(ief,�, and that by his/h�rlty�eir signature,(�dj on the
CO1^^�iO^� ������s instrument the person(,�, or the entity upon behalf of
NMo,�►rubpc-ca�tomw �
� Rlwr:ld� CouMy which the person(�acted, executed the instrument.
NI►►Cdnrn.BpYeMR23,2011
f certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand a fficial se
Signature
Place Notary Seal Above Signature o N a Public
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent lraudu/ent removal and reattachment o/this form to anothe�document.
Description of Attached Document
Title or Type of Document: �ry � C�aaa.�`c�'`� ���= 3m�D�'`f�
Document Date: j�'�f��—�.R __Number of Pages: ""Z ;r•c_�A�etc..,nrv..v.--
Signer(s) Other Than Named Above: _ _ _ __._ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: C�t.'�y.=, Cr��.�"t __ Signer's Name:
C� Individual � Vndividual
'[�i`�orporate Officer—Title(s): Qw�.s���� �i Corporate Officer—Title(s):
i� Partner—'.J Limited I� General �; Partner—❑ Limited I� General
�_ Attorney in Fact • r;Attorney in Fact •
�� Trustee Top of thurnb tiere ;Trustee Top of thumb here
�l Guardian or Conservator !.;Guardian or Conservator
❑ Other: �'Other:
Signer Is Representing: Signer Is Representing:
5��-�.,,p�..vk.0 s c�o�i�
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Non-Collusion Affidavit
'Fo be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
B�iQ� L- E�N2�rr,E-� , being first duly sworn, deposes and says that
he/she is �/ of �S/�RJ�- l�✓CcsG�6 Go , the party
making the fore oing bid; that the bid is not made in the interest of, or on behalf of
, any undisclosed person, partnership,
company, association, organization, 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 2� day of .-M , 20 0� ,
By:
Signature
Title: ���E�/o�/T
RaERT W. snvestea Contractor
Commlulon N 1741113
Nofary Public -Co11fo�Ma �
� Rlv�nld� County Attest B
�,�ycon�,rn�Kx2s,�ot 1 Y�
Notary Public i and for ai County and State
Title: C�"-e�-- r�roc��.h- � ��:L
Page E-1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
cr.e�r.c=�"5�,c:�.�`.c>r.eta�>:a�rte�^.i�.cr,er�r.er�.e�.er-,�-�,t"�^�.c�>'.ccr.c����',ct�,cr�;s��r�c`��,cc.ec�.�4„-�',�=c�.ct;.�c>.c<�.c<�.c,<��ce>�
State of California
County of _ ����'Lg2��c
On �'a R-OR before me, �d�-tt'�v� S���S'�-x��N�'t'���' f�w��iL ,
Date Here Insert Name and Title o(the O(ticer
personally appeared l��c�-U�. C3o� =Z- __ __,_ _
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(�'J'whose name�s) is/�e subscribed to the
within instrument and acknowledged to me that
he/s�ltFjey executed the same in his/i�r/t�a2ir authorized
ROSER�W.���4�R s capaaty(ie�and that by his/t�r/#�ir signature(a') on the
�a'^''�'� ��ita� � instrument the person(�, or the entity upon behalf of
Notary�� -
� �,�tds County which the person(s�'acted, executed the instrument.
����p�Irx2�.20t t
I certify under PENALTY OF PER,lURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand an � ial seal.
Signature
Place Notary Seal Above Si nature f No Public
OPTIONAL
Though the inlormation be%w is not requi�ed by law,it may prove valuable to persons relying on the documant
and could prevent fraudulent�emoval and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: NO.v -t��.w.T R�- (ar,��'�d���T _
Document Date: 's-a8�� _ _ Number of Pages: 2 ���.,.� n�.�,.....Z
Signer(s) Other Than Named Above: _ ,_ _._ _ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: r L��"��-t...Z Signer's Name: _ _ ___.
�i Individual �; Individual
�,Corporate Officer—Title(s): ��S:o�-�-1 i� Corporate Officer—Title(s):
i J Partner—❑ Limited C I General l i Partner—ri Limited n General
�.i Attorney in Fact . • ��Attorney in Fact •
Top of thumb here Top o(thumb here
l; Trustee f.J Trustee
�i Guardian or Conservator [-1 Guardian or Conservator
�l Other: !7 Other:
Signer Is Representing: Signer Is Representing:
C'�^t��c--� uPet'e�-S tX�e(��
OO 20D7 NaDonal Notary Association•9350 De Soto Avo.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item n5907 Reorder.Call Tol�-Free 1-800-876-6827
BIDDER'S BOND
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, SIERRA LANDSCAPE co. as prinuipal,
aF}a GREAT AMERICAN INSURANCE COMPANY $$ 8(1('@�/, are !�eld and
frmly bound unto the City of Palm Desert[n the sum of$Ten Percent* (90°!0 of btd}
to be pafd to the said Owner or its certain attomey, its successors and assigns; for
which payment, weli and truly to be made, we bind ourselves, our hei�s, execcrtors and
adminEstrators, successors or assigns,jo(ntly and severaUy�fl�rnly by these presents.
THE CONDiTION OF THIS OBLIGATlON IS SUCH; that if the certain pr�oposal of the
above bounden princfpal to perfarm certain work described as follows:
LANDSCAPE IMPROVEMENTS ON FRED WAIi1NG 'MEDIANS PHASE 11,
CALtFORN1A AVENl1E TO WASHINGTON STREET; The gene'raI'!te[ns of work to be
done hereurxler ca�sist of, but are not t(mlted to; canstrud)on survey staking;
mobllization; c(eartng and grubbing; cobble median; unclassifled excava�on and fill;
grading; landscape and irrtgatlon; repair of damaged concrete curb and asphalt, and
d8t9{� May a8, Zoos� . ' is accepted by the City of Palm Desert� and if
the above bounden principal srERxp. r�rmscAPE co. shall duly enter intb and
execute a contract for such constrt�ct[on� and shai} execute arid defiver the Performance
Bond and Payment Bond and lnsurance ce�tfflFates�as required by satd contract� then
this obltgation shall become nuil and void; otherwfise it shali be and rematn in full force�
and effec#.
Should it beoome necessary for the owner to instlfiute a lawsuit, or any other iegal
proceeding to eriforce the terms and conditions of this bond, then aEl costs of sa[d
proceeding, lnc[uding attomey's fees, shall be avrrarded to the prevailing party.
jRemalnder of fit�s page has inten�anally besn left btanl�
Slgnafure blocks are confalned on the nexf pageJ
Page F-'f
*(10�? of the Total Amount of the Bid
IN W(TNESS WHEREOF, We hereuntQ set oilr Hands and Seais thls z8th day
Of MaY 20 o e`
�or#ractors Name: SIERRA LANDSCAPE co. /�
�
ConYracta�'s Sigriature:By �'�» G. � ,
Title:
Address:�3-��1 Dinah Shore Dr_ ive�Suite 200, Palm Deaert, California 92211
Telepht�ne: c�6o> 328-8900
Sil�'$t}l�9 N8CC18: GREAT AMERICAN INSURANCE COMPANY
.� � i
Sui�t�s Signature:BY � �' ' ��
hia M. Burnett
'�'it�q: ACtorney-in-Fact
Address: 4600 South Ulster Street, Suite 240, Denver, Colorado 80237
�efA�3F1011@: t303) 225-8030
P�ge F-2� .
CALIi�ORN1A ALL-PURPOSE ACKNOWLEDGMENT
n:,�c�.cc.c-.��'.��'�r.c�.�,�Y'".,cr.�.�.r��r�`.es.c�,�P,cc�.�c,��cc�.Er��",�-�c-�ctc,,c�.�c>.er.�c��.�`�<�.����w�?.�c<e�Ck�<c�crec
State of California
County of _ '���0�.
On �'a$-08 before me, C�C�^c`'�v., s�+w�s��- rb��.Y _p.,,,,(3L,�L ,
Date Here Inser�Name and Title of the OHicer
personally appeared ______ vt��� ��'�' Name�)o��e�
who proved to me on the basis of satisfactory evidence to
be the person(�9'f whose nam� isi�r2 subscribed to the
within instrument and acknowledged to me that
he/si�/t�►esi executed the same in his/I�r/t�r authorized
RO�ERT W.SYWEs1ER capacity(iP.la'), and that by his/Fy�f/�ir signature�g'J on the
Comm�on � 174t t t� instrument the person� or the entity upon behalf of
� Notary►ub��c-Cd�tomlo � which the person�acted, executed the instrument.
RlvaslW County
�M�^�TM�����» 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 o icial se .
Signature
Place Notary Seal Above ignature of tary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudu/ent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �5..`� �L1 _ ___
Document Date: S-'�d—�8 Number of Pages: 2 �'Y��t��
Signer(s) Other Than fVamed Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: CJ�ZS�� ��"'z`A►'�..'Z Signer's Name:
LJ Individual Lllndividual
�Corporate Officer—Title(s): �P c�s'L`O�� LJ Corporate Officer—Title(s):
I I Partner—❑ Limited :� General 1-1 Partner—l-7 Limited I-1 General
LJ Attorney in Fact � Li Attorney in Fact . •
Top of thumb here Top ol Ihumb here
f� Trustee C�Trustee
❑ Guardian or Conservator C7 Guardian or Conservator
f..l Other: �Other:
Signer Is Representing: Signer Is Representing:
S�r-�. �.tlsc-s��
�2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.NationalNotary.org Item N5907 Reortlec Call Toll-Free t-800-876-6827
State of COLORADO )
) ss.
County of DENVER )
On May 28, 2008, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Cynthia M. Bumett
known to me to be Attorney-in-Fact of GREAT AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument on behalf of the said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
My Commission Expires: September 19,2008 �,�%�'�z��v.�-�--.L���
Kathleen Van Houten, Notary Public
GREAT AMERICAN INSURANCE COMPANY�
Administrative Offlce:580 WALNUT STREET• CINCINNATI,OHIO 45202• 513-369-5000• FAX b13-723-2740
1'he number of persons authori�ed by
this power of attorney is not more[han 7�HR}'.E No.0 14420
POWER OF ATTORNEY
K1VOW AI,L MF.N 13Y TfiF.SE PItESEN7'S:7'haf thc GRGAT AIv1�RICAN INSURANCE:C(?MPANY,a corporation organized and cxisting
under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawf'ul
attomeyin-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undenakings and contracts of
suretyship,or other written obligations in the nature thereof;provided that the liabiliry of the said ComQany on aziy such bond;undertaking or contract of
sureryship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
UOUGLAS].ROTHEY ALL OP ALI.
CYNTI�IA M.BURNETT DENVER, 575,000,000.00
ERIK ULIBARRI COLORADO
T'his Power of Attomey revokes all previous powers issued in behalf of the attomey(s}in-fact named above.
[I�[WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this june day of, 7"' , 2007.
Attest GREAT AMERICAN WSURANCE COMPANY
STATE OF OHIO,COUNTY OF HAMILTON-ss: DAviD C.KItCHiN (5ta�ss-3ett)
On this june day of 9"' , 2007, before me personally appeared DAVID C.KITCI-IIN,to me known,being duly swom,
deposes and says that he resides in Cincinnsti,Ohio,that he is the Divisional Senior Vice Presiderrt of d�e Bond Division of Grest American Insurance
Company,the Company described in and which executed the above inthwnent;that he Irnows the seal of the said Company;that the seal�xed to the said
instnunent is such corporate seal;that it was so affixed by auffiority of his oPfice under the By-Laws of said Company,and that he signed his name thereto by
like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American lnsurance
Company by unanimous written consent dated March l,1993.
RESOLYED:Tha�the Drvision President,the se►+eral Division Vice Presidents and Assiswnt Yice Preside+us,or arry one ojthem,be and hereby is
mtthorized,from time to time,to appoint one or mo�e Anorneys-in-Fact to execute on behalf ojthe Co�y,as surety,a►ry and all borrds,undertaldngs ared
condacls ojsuretyship,or other wriften obligaHons!n the nature thereof,•to prescrlbe their respecti►�e duties arrd the respecdve limits ojtherr au�hortty;and to
revolre any such appoinhnent at mry time.
RESOLVED FURINER:That the Canpcmy sea!and the signature of arry of the aforesaid o,�'tcers arrd mry Secretary or Assistant Secretary of the
Compa�ry may be a,Q'cred by jacsimile to mry power of altorney or cert�J'rcate ojeither grti+en for the executton of ary bonaG unde�laldng,contrac!or suretyshrp,
or other written obligatron in the nature thereof,such signatune and seal when so used being hereby adopted by the Compnny as�/re original signahrre ojsuch
o,�'uer and the orfgirurt seat of the Company,to be valid aru!bindtng upon the Compaxy with the same forae qnd effect as though manually a,�'ixed.
CERTIFICATION
I,RONALD C.IiAYES,Assistant Secretary of Great American Insurance Company,do hereby catify that the foregoing Power of Auorney and the
Resolutions of the Board of Directors of March 1,1993 have not been revoked and are now in full force and effect.
Signed and sealed this 28 th �y of, May �2008
S 1029T(11/D1)
AGREEMENT
THIS AGREEMENT is made and entered into this 12�h day of June, 2008,
by and between City of Palm Desert, California, hereafter called "Owner" and
Sierra Landscape Co. hereinafter called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to Owner its Contractor's Proposal for the construction
of Owner Project,
1. LANDSCAPE IMPROVEMENTS ON FRED WARING DRIVE MEDIANS
PHASE II FROM CALIFORNIA AVENUE TO WASHINGTON STREET,
PROJECT NO. 955-08, CONTRACT NO. C238306, 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:
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 Proposal; (e) The Bidder's Bond; (f) The
Performance Bond; (g) The Payment Bond; (h) The General
Specifications; (i) The Special Provisions; (j) The Standard Specifications
as modified in other portions of the Contract Documents; (k) The P{ans;
(I) Addenda Nos. 0 ; (m) The Determination of Prevaifing 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:
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 five hundred dollars ($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 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 paymenf 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.
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.
(Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next pageJ
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
OWNER:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY