HomeMy WebLinkAboutC25430B - Monterey Ave Median LndscpRY'!M9EC'4'NCY gtsm
REQUEST:
SUBMITTED BY:
APPLICANT:
DATE:
CONTENTS:
Recommendation:
MFziririTNO DATE_ • (, - ' .s
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CITY OF PALM DESE TE i PASSED TO MD R .FAL,,g4 ,.__. _,_�._ _
PUBLIC WORKS DEPARTMEN
STAFF REPORT
Waive Irregularities and Award Contract No. C25430B to Rock
Bottom, Inc., of Bakersfield, California for Construction of the
Monterey Avenue Median Landscape from Country Club Drive to
Hovley Lane West (Project No. 961-02)
Mark Greenwood, P.E., Director of Public Works
Rock Bottom, Inc.
2724 Landco Drive
Bakersfield, CA 93308
June 26, 2008
Vicinity Map
Contract Agreement
Contractor's Proposal
Formal Bid Protest and Acknowledgement of Addenda
By Minute Motion:
1. Waive apparent irregularities in the bid;
2. Award Contract No.C25430B, in the amount of $152,380.00, to Rock
Bottom, Inc., of Bakersfield, California for Construction of the
Monterey Avenue Median Landscape from Country Club Drive to
Hovley Lane West (Project No. 961-02);
3. Approve a 10% contingency in the amount of $15,238.00; and
4. Authorize the Mayor to execute the subject agreement.
Discussion:
At the August 25, 2005 City Council Meeting, the Council approved the design for the
median island on Monterey Avenue, south of Country Club Drive. The City has
contracted with International Pavement Solutions, Inc. to build the raised concrete
median islands. This contract with Rock Bottom, Inc. will install the landscape and
hardscape within the median islands. The landscape was designed following the
guidelines agreed upon by both Palm Desert and Rancho Mirage.
The City has entered into an agreement with the City of Rancho Mirage to split the cost
of the median island, including landscape installation, evenly between the two cities.
Award Contract C25430B to Rock Bottom, Inc.
Page 2 of 2
June 26, 2008
On May 27, 2008, sealed bids for the project were opened
following is a summary of the bids received:
Rock Bottom
Sierra Landscape
Mark Logan
Teserra
IPS, Inc.
Desert Concepts
Mariposa Horticultural
Bakersfield, California
Palm Desert, California
La Quinta, California
Coachella, California
San Bernardino, California
Bermuda Dunes, California
Irwindale, California
and read aloud. The
$152,380.00
$154,842.60
$160,000.00
$174,563.16
$179,426.25
$195,120.00
$198,245.45
As illustrated, Rock Bottom, Inc., of Bakersfield, California, submitted the lowest bid, in
the amount of $152,380.00. However, two addenda were issued prior to the bid
opening. To be acceptable, the bidder's proposal must acknowledge receipt of all
addenda. At the time of the bid opening, it appeared that Rock Bottom didn't
acknowledge receipt of addenda 1 and 2. Sierra Landscape submitted a formal bid
protest based on the missing acknowledgement. Following the bid opening, staff
contacted the apparent low bidder to determine why the addenda were not
acknowledged. The bidder explained that they sent their bid a week early, so they
acknowledged the addenda by fax. The City did not receive the fax, but the contractor
has supplied the fax confirmation as evidence they sent acknowledgement of the
addenda. The City Attorney has reviewed the information and has determined that
Council may award the contract to Rock Bottom, Inc.
Funding is available for this project in the median landscape account (400-4614-433-
4001). Therefore, staff recommends that City Council waive apparent irregularities in
the bid, and award Contract No. C25430B in the amount of $152,380.00 (plus a 10%
contingency) to Rock Bottom, Inc. for construction of the Monterey Avenue Median
Landscape from Country Club Drive to Hovley Lane West (Project No. 961-02).
Fiscal Impact: Annual maintenance cost for Palm Desert is esti ated at $3,750.00.
Prepared By: Depart n H ad:
Ry n Gayler'
Project • dmi
Homer Croy
ACM for Devel
ment Services
Carlos Ortega V
City Manager
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Mark Green>Tvood, P.E. 1�
Director of Public Works
Paul Gibson
Director of Finance
G WubWorkslRyan GaylerlWord Fdes1Staff Reports\Award Contract to Rock Bottom for Monterey medians 961-02 doc
AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of June,2008, by and
between City of Palm Desert, California, hereafter called "Owner", and Rock Bottom,
Inc. hereinafter called "Contractor".
W I T N E S S E T H
RECITALS:
Contractor has submitted to Owner its Contractor's Proposal for the construction
of Owner Project,
1. MONTEREY AVENUE MEDIAN LANDCSCAPE BETWEEN COUNTRY CLUB
DRIVE AND HOVLEY LANE WEST, PROJECT NO. 961-02, CONTRACT NO.
C25430B, 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 Conditions; (i) The Special Provisions; (j)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (l) Addenda Nos. 1 and 2; (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 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 thirty (30) calendar days from the Notice to
Proceed date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save Owner 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.
Attention is directed to the General Specifications pages 25-26 and 33-37, which
specifications are made part of this Agreement as set forth in Agreement
paragraph 1, above.
Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to the substitute the “City of Palm Desert”
in place of “Agency.” Liquidated damages shall be $1,000.00 dollars 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 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 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 page]
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
OWNER:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
.
BO CHEN, P.E. DAVID J. ERWIN,
CITY ENGINEER CITY ATTORNEY
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm
Desert has awarded to Rock Bottom, Inc.
hereinafter designated as the "Principal", a contract for:
MONTEREY AVENUE MEDIAN LANDCSCAPE
BETWEEN COUNTRY CLUB DRIVE AND HOVLEY LANE WEST
PROJECT NO. 961-02
CONTRACT NO. C25430B
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
__One Hundred Fifty-two Thousand Three Hundred Eighty and no cents__ Dollars
($152,380.00), 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 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 there under 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.
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 PRINCIPAL
BY:___________________________ BY:_____________________________
INSURANCE COMPANY and/or AGENT _______________________________
ADDRESS _______________________________
_______________________________
TELEPHONE NUMBER _______________________________
CITY OF PALM DESERT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Rock Bottom, Inc. (hereinafter designated as the
"Contractor"), an agreement dated June 26, 2008 , described as follows:
MONTEREY AVENUE MEDIAN LANDCSCAPE BETWEEN COUNTRY CLUB DRIVE
AND HOVLEY LANE WEST, PROJECT NO. 961-02, CONTRACT NO. C25430B,
(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, Rock Bottom, 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 notices under Section 3181 of the California Civil Code, in the sum of One Hundred Fifty-two Thousand Three Hundred Eighty and no cents Dollars ($152,380.00), 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 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.
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 .
THIS SPACE IS INTENTIONALLY LEFT BLANK.
SIGNATURES ON FOLLOWING PAGE
PRINCIPAL/Contractor: SURETY:
Rock Bottom, Inc. .
(Typed Name of Contractor) (Typed Name of Surety)
By: By: .
(Signature) (Signature of Attorney-in-Fact)
.
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is per thousand.
The total amount of premium charged: $ .
(the above must be filled in by corporate surety).
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)
(Name, Address and Telephone No. of agent or representative for service of process in California if different from above)
�����`������`���!�`� �'��y�C���,l_:
M�i��`�R�Y AV�6Vl�� NI�DIAfN �.Af��►C�C,�►F��
������J �OUN`TRY�C�UB Dl�IVE AND HU�/�,EY L�lN� HV�S�
PRd��CT NQ� 961-0�
� TO: CITY �F PAL.M �ESERT, "Owner"
; DATE: � �� '�76�
BIDDER: �� ``-�=T��( h�r� _ "Contractor"
' The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract
Documents for the construction of, MONTEREY AVENUE MEDIAN LANDCSCAPE
; BETWEEN COUNTRY CLUB DRIVE AND HOVLEY LANE WEST, PROJECT NO. 961-
` 02, CONTRACT NO. C25430B, hereby proposes to construct the work in accordance
with the Contract Documents, including Addenda Nos. 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 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.
I
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 shal( 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 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.
Gl
li i;: «��d���staoc� '►f�iat ih� qu�niikies sf►ovd;� h���eon, e;;e�t:�t far tl��ose quar�fiitie� «�arEceU
"Lum�� Su��r'°, are �uf esfimates and fi{-�e ��inal payn�ient vviif be based upon trfe actual
vvo�-k ��Erfo�-med, subject to sucr� adjusfinent ana alte�atiofis as elsewhe�-e p��ovided
F�ereir�.
. . �
. �,Y a` i r#"'� R r d�'� a a x d..
.,.. J .��_ W��L.y..r,3� �C,4� �SM �,� ..a '.'t.; r .y'. !'yi-,+' �. � -�Y t �,x:;.�,y t . �. .�� [, 7� ,j. ,r�,9�kt�'��r
' r,- 'a .,i.�: .�a.• :x. �.l.. •'} +:r"':.
1 Mobilization LS 1 $ $ atao ^
2 Traffic Control �S 1 $ $ zna --
3 Earthwork and Grading SF 16,000 $ . 15�'j " $ � _
4 3"-6" Cobble, "Granite" at nose of inedians SF 1,600 $ �,oo $ ( 1 Zr�o _
5 Boulders, "La Cresta" 3' dia. Ea 26 $ I pd,- $ 2,
6 Bou(ders, "La Cresta" 4' dia. Ea 6 $ �D, — $ p -
; 7 Boulders, "La Cresta" 5' dia. Ea 7 $ , " $ � a -
� 8 Decom osed Granite "Desert Gold" 2" com acted SF 14,400 $ 1 ,ea $ o
9 Irri ation s stem LS 1 $ $ 1 �oc
i 10 A ave ar i, 5 al. Ea 60 $ 5' -' $ loo
� 11 Bou ainvillea "La Jolla", 1 al. Ea 14 $ -- $ Zo —
12 Echinocactus rusonii, 5 al. Ea 45 $ '' -' $ � 2�' �
! � 13 Ericameria laricifolia "A urre", 1 al. Ea 53 $ a ^ $
14 Hes eraloe arvifolia uRed", 5 al. Ea 88 $ -- $ to -
15 Lantana camara "New Gold", 1 al. Ea 105 $ �'' $ �..5 ^
i 16 Cercidium "Desert Museum", 36" box Ea 12 $ A�Zo, '� $ 5 �`�o
17 Washin tonia filifera, 16' Brown Trunk Hei ht Ea 26 $ 1 Oo '' $ bDa
� 18 Electrical S stem Installation LS 1 $ $ Z om
; 19 Maintenance and Establishment Period, 90 da s LS 1 $ $ Z. ?�p
20 S ecial Services LS 1 $ 15,000 $15,000
' TOTAL BID PRICE $ �j'2 3Ssp'�-
i
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Y���� ca:�i� ol` �r�y �va�i: �{�c�vv�s or rey�air�ed En tr�e I'I�E�is �r�ca ���cific�tio��r�, f��t r�a�
specificaliy identi�ied as � �'ay Item a��e included in ihe F'ay Item, and no addiiiona!
corr�per�safion shall be due �or�tractor bl� virfiue o�f C;�ntractor's cornpliance witti tf�e
plans and Specifications.
• �,��F,
TOTAL AMOUNT BASE QID IN FIGURES $ �� � � �'� ��` `��
; 1"OTAL AMOUNT BASE BID IN WORUS C�1'� 1"°��.�vY� ��> '�
-� �ti�s �� r,.�c., � ,.��
IN WITNE S WHEREOF Contractor executed this proposal as of date set forth on
Page C-1:
� By:
Signature
�, Title: �'�.s���.�v�`
Contractor
I Attest b • ,,,�.�
; Title: -�' t� t�
�
� CELESTE K.S�LNICK
� � COMM.M1666�58 �
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Miy Comm.Exp.Peb 2!,i00i �
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�f�€� t�'a� ��tift.�_. L��:�;������bt��"i��'F� l�l���"�� �"d'�b�����'f�1�Flf"i'�� ;;�@�ii��..L�i�f�fFi���QdP t,� ��sf:.�
f��P�l��6t�IT�Af�.S R�C��'f RE FfL.I�� ���r)
INFAI�M�I'I!`J�I R�C:�UIR�f� OF �I���R
The bidder is required to supply the foflowing information. Additional
sheets may k�e attached if necessary.
(1) Address �� �� �Q-• ���a1�- � � �j�c�S
(2) Telephone No. l-P�P� ' �1 • ��-� � c�,�L�1� �sG(c�
(3) Type of Firm (Individual, Partnership or Corporation) ��a�A�t.^l�m�
� (4) Corporation organized under the laws of the State of �'VC'�'�A��.�'
/
(5) Contractor's License No. �d-�(o�� Exp. Date �
Contractor hereby swears under penalty of perjury that this ' formation
; provided is true and rrect.
By: j Title: I�i(LS�D�1�
; Signature Contractor
(6) List the names and addresses of all owners of the firm or names and titles
� of all officers of the corporation:
I C��� �c� �Y1r� ���c�-�I-�-��2t,�s�,a.,�
� SvZd�1.r�.a� �linR� V t G� .il�-e�i c��,..�"� �l��}�,,,�'
—�
� (7) Nu+ m�b_er—of years' experience as a Contractor in construction work
� (8) List at least three similar projects completed recently:
; Contract Class of Date Name, Address &
' Amount Work Comp(eted Telephone No of T
Owner
i 1. �� � 1 L�8 CZ-7 �'t,Lvn ar� � �> �� �`�a� l.
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2. �' oF 5�►� l.JtS ""'�
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3. I (v'� �' �� b� � •�g � �os ��i��z3
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i�� at� �Gau�� i{'IG V��Or�c i�n,�r�verr�er��, ���c� ir�c�ic�te v��h�ai: p���fion a� ti�e: wor�� v�ri�f �:�e
dc�ne �iy ��ci� �ubcantr�c.t�r:
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��f�c�€i����to�'� f�arv�e:_���i"� t,.�,�l.T,�z �`.2..�,�'•-! �._--s M._
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License Number: ��S �' ��� '� �f
Address: � �J� e� !�� �`�� 171�- .
`��--�+�,5-�s �� `�2�3`1�
� � - �`f -- � 1
Telephone: L�1 1 a"" 1
' Work to be pertormed:_�-(�'"r'( N�
Subcontractor's Name:�1 �-
License Number:
� Address:
i
Telephone:
i
' Work to be performed:
� Subcontractor's Name:��-
License Number:
� Address:
�
, �
Telephone:
I
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for
your firm
(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.
D-2
lv..'��i�`(�J��,cc�' L�!l7,'0\�I'.��i �@,!' (-`..��^�.,������i�al'ti Hn R��i4<�'��F.��c��.,�/�S.L
h'.N01N AL.L_ fVi�P� E31' 'I F�iESE F��ESEI�T�,
, That we, a�
principal, and as surety,
are held and firmly bound unto the City of Palm Desert in the sum of
$ (10% of bid) to be paid to the said Owner or its certain
attomey, 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 CONDlTION OF THIS OBLIGATION IS SUCH, that if the certain proposal of
, the above bounden principal to perform certain work described as follows:
The general items of work to be done hereunder consist of: mobilization;
i installation of landscape material and irriqation eQuipment; and installation of
traffic control devices required during construction of the improvements and all
appurtenant work as required bY the qlans and specifications.
I
and dated is accepted by the City of Palm
; Desert, and if the above bounden principal
� shall duly enter into and execute a contract for such construction, and shaN
execute and deliver the Performance Bond and Payment Bond and insurance
certificates as required by said contract, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
� Should it become necessary for the 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.
i --
I
i
, F-1
fit ��i�l"€f���}� 1�V6�L:.F�E(:�f�f UVe; l�er�urifi� s�¢ ��� H�f��: zb�c� ��:��� �i��i�
--- _. d�y c,f_ - , ��3 _
Cc�n'�ractars nac��:
Surety's Name:M,_._ ___�_..,i. -.
By:
Address: �
Title:
Telephone:
F-2
��E���6�`� l�f�E�R `�`C� ����t�lE�,�Rl�'� i�C�C.�t�C?��ip
Kf�OW ALL MEN BV THESE PP,CS�NTS,
That w�, IZock Bottom,lnc. _f�____^___ J 85
principal, 8(ld Fi�•ct Natinnal incurancc C'c►moany nf America as surety,
are held and firmfy bound unto the City flf Palm Desert in the sum of
$ * (1U% of bid) to be paid to the said Owner or its certain
attorney, its successors and assigns; for which payment, weli and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or
assigns,jointly and severally, firmly by these presents.
* (10%)Ten percent of the attached bid amount
THE CONDITfON OF THIS OSL�IGATION IS SUCH, that if the certa,in proposal of
the above bounden principal to perfarm certain work descrfbed as follows_
The c.�eneral items of work to be done hereunder consist of: mobilization;
installation of landscape material and imiqatlon equipment: and installation of
traffic control devices required during construction of the irnprovements and all
appurtenant work as required bv the plans and specifications.
and dated May 20,2008 is accepted by the City of Palm
pesert, and if the above bounden principal Rock Bottom i�c.
shall duiy enter into and execute a contract far such canstruction, and shall
execute and deliver the Performance Bond anci Payrr�eni Bond and insurance
certificates as required by said contract, then this ob(igation shall become nufi and
void; otherwise it shall be and �emain in full force and effect.
Should it become necessary for the �wner to instltute a lawsuit, or any
Qther legal procaeding to enforce the terms and conditions of this bond, then all
costs of said proceeding, including attomey's fees, shall be awarded to the
prevailing party.
F-1
�(� 0!�<��'f�€�ds `UtjF�"���C�F, V�c; 6�����E�i:c� sc%� �a��° E���ds a��rz v��a@., ��f����
� F6�h �!��v�_ _ ���'. ----�.____� 200�
�U11�r�ctors f1�3�1�:_� iiocic Bmttorn, un�. _ - ----_-
gy:,--• - � ��� �f .,.
�'
Surety'�•�ame: Fi,�st P1�*�onal Insurancc Compauv of Amcrica
rJ � 1 ` , r .
pl/:� i� 1.�) �;'` J q �'
r
i
P.t�dre�s: Safeco Plaza Seattle WA 98185
�Ifile: �tephanie Pham,Attorney-in-Fact
Telep hon e: 800-332-3226
F-2
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.�,`���1 -t'-J%v_:vU% v'��v �-�: � .�-1vK-J�-.v...::v'�'� .,/.��.��]iv v'`'�si. �:�<av . ._.!� ��-�!� . 'C..��-�-;f.✓�� -, r�! �
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S IAi E OF C/aUFORi�IA
County oi i�i�.��d�;c � _ ,�
��l;• . .. .
C�n�,� � t .''�''.--'A`� before me, T.amm��Svto. Not:u���ulilic
Date Here Insert Name and TitIF of the O((ir.er
personally appeared St��l�.�nic Pham
�lame(s)ot S�ner(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.
TAMMN Soto
�onxr�ss�on# t646p�1p I certify under PENAL� PERJURY under the laws of
�•"" ��1'R�+c-Caufwnte y� ihe State of Cal�orr�fa that th foregoing paragraph is true
Oronge County and correct.--'
��m���18'���r Wi�s my hand a d offi � .
Signature �
Place Notary Seal Above Signature of No 2ry Public i
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent traudulent remova!and reattachment of this form to another document.
Description of Attached Dacument
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: —
❑ Individual ❑ Individual
❑ Corporate Officer----Title(s): ❑ Corporate Officer—Title(s):
❑ Partner - C]Limited�General ❑ Parfier—�Limited�General
� Attorney in Fact ❑ Atiorney in Fact
❑ Trustee � ❑ Trustee •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer is Representing:
;,�4�:��.'�_ �•-•_ _ ._.-.. . _-:.�-�:��'�'�u:'�:`�t;�""a�.ry'-_-�c>�-_ ��c:_�-v^�^t�;�-.'��'�^�<;�c.�>'�.��ci`�c.'�:`�'c,`�t;�
i�2U07 Nalio�al Notary Associalion•9356 De Solo Ave..P.O.�ox 24U2•ChafsNorth,CA 91313-2d02•www.Nat:onalNotary.org ItFm u5907 Reortler.Ca.l Toll-Free 1•8W-876-68'L7
, p�4��f��.: Safeco(nsurane;Co�np=:nies
��� PO Lox 3=�52G
UF A7"�O F<tJE'Y s��tt�a,ti�+/�s3 i��-i�2r
' �u. 12804
6iPlQ'JV HLL f3Y THESE PRE$EAfTS: --------__�._____. _�__�__.
That FtRST NATIONAL(NSURANCE COMPANY OF AMERECA,a Washington corporation,does hereby ap�oint
:�°'°:;'r}}}}'�}�`'}'�ERIC LOWEY;STEPNANIE PHAM,MARI:RlCHARDSON;Costa Mesa,California""��"`°'*�'"'��r}":
�s true and law(ul attomey(s)-in-fact, wilh #ulf authority tn execute on behalf oi fhe company iidefify and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FtRST
NATIONAL INSURANCE COMPANY OF AMERICA thereby as fu9y as Ef suCh instruments had treen duly executetl by its regulariy
elected otflcers et its home o�ce.
EN WfTNESS WHEREOF,FfR3T NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested tF�ese presents
this 2�h day of December 20Q5 .
�'.r�w�.� ��.�.�
STEPHAN�DAIEY•WATSQN,S�CRETARY MU(E PETERS,PRE3lDENT,SURETY
CERTIFICATE
Extract from the By-Laws o!FlRST NATIONAL lNSURANGE COMPANY OF AMERlC/l•
"Artide V,Section 13. -FIDEU7Y AND SUREI'Y BONDS ...the Pres(dent,any Vice Fresident,the Secretary, and any Assistant
Vfce Prasident appointed'for that purpose by the off�er in charge of surety operaqoris, shaA each fiave authority to appo(nt
irtdividua�s as attomeys�n-tact or under other appropriate tkles with authority to execuba on behaif of the company fideiRy and surety
bonds and other documents of similar character issued by the campany in the course of its business...On any Instrument making or
evider�ing suc�appointrnent,the e(gnatures may be aryixed by facsEmile.bn any insirument tbtiferr�g such authority or on any bond or
undertaMng of the company,the seal, or a facsirNle thereof,.may be impressed or sifbced or in any other manner reproduced;
provided;however,that the seal sha�not be necessa'ry to the validity of any such instrument or undertaking."
Extract frvm a Resok�tfon of Uie Board af Directors of
FIRST NA710NAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"Ori any certificate executed by 1he Seaetary or an assistant secretary of the Company setting out,
(�) The provisi.ons of Artide V,Sectfon 13 of the By-laws;and
(Gj .A�opy of the power-o�attomey appointment,executed pursuant thereto, end
(fii) Certifying that said power-of-altomey appo�trnent is k�full force and effect,
ihe signature of the certifying off)cer may be by facsimile,and the seal of the Company may be a facs(mfle thereof."
I,Stephanie Daley-Watson ,Secretary of FlRST NATlONAL lNSURANCE COMPANY QF AMERIGA,do hereby certiry that the
fvregdng extracts of the By-Laws and of a Resolution af the Board of Directors of.this_corporation, and of A Pawer of Attomey
issued pursuan�thereto,are true and correct, and that both tho By-Laws,tha Resducion and the Power of Aftomey are sUli in full force —
and effed.
IN WITNESS WHEREOF,I have hereunto set my hend end affixed the facsimqe seal of satd cotporation
fhis 15th day of Ma_y 2008
`'�S�RRNCf�p
., Qwpo�,� ��
� S�AL y� iK4a'!+'iwv� 4�-�1/JL/
� 4 is�g ��
`'✓��y'����`;^+ 'STEPHANIE DALEY-WATSON,SECRETARY
�
4 1` � SatesaID and the Safeca logo are iegisEered tradem�ks of Safeco Cbrporetion.
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�'Af;SYIV[1L�;r�1�H1�171r111 rL'AL S1i�ET
'TU:—City of Palm Desert �1tOM: CelEste Selnick
�A�: 760-341-7098 L�ATE: May 21, 2008
COMpANY: N[1MBER QF PAGES: 1
�HONE NUMBE�: ��'�ItEN'C�;NUM�E�i:
lt�: 961-02 Postponement NOTES�
Rock Bottom, Ync, understands that the project#961-02, Monterey Avenue Median Landscape
bztween Country Club D�ive & Hovley Lane West has been postpaned until May 27, 2008.
�ock Bottom, Ync. sent an overnight package which included our Proposa.l along with the Big Bond
so that it would arrive at�our facility �n 1VXay �1, 2008. �Zecords indicatie it has arriv�d and is in
your pratection.
Please apply the current Propasal and Bid B�nd pro�vided and in yaur poss�ssion for the revised
date of May 27, 2008.
please call wiCh any questions at 661-978-SQb6.
Sincerely,
Keith Allen
Rock Bottom, Inc. =� _��
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LANDSCAPE UN � 2a°�
' ' ��'�������
May 30, 2008
City of Palzn Desert
Mr. Ryan Gayler—Project Manager
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760)346-0611 Tel.
RE: BID PROZ'EST- Construction of the Monterey Avenue Median Landscape Between
(:ountry Club 1.�rive and Hovley Lane West (Project#961-02 and Contract#C2S430B)
Sierra Landscape Co. Inc. hereby submits a formaI bid protcst for thc above-re;fcrenced
project, submitted by the apparent low bidder{Rock Bottom Inc.) who appears not to be
in compliance with the instructions to bidders for the aforementioned project.
The foilowing points, outline as described in the bid documents, our grounds for protest.
i. The apparent low bidder provided a proposal to the city and failed to acknowledge
Addendum#1 issued May 14, 2008 and Addendum#�2 issued May 19, 2008.
2. As required by page C-1 of t}�e proposal, "Contractor, Itnving cc�reful[y
examined tlie site�rnd tice Contract Docu�ne►tts for tl:e construction of,
Monterey Avenue Me�iian Landscape Betweeji Country Club Drive and Hovley
Lane West,Project No. 961-02, Contract No. C25430B, liereby proposes to
construcl tlie work ir: accortlance with the contract documents, including
A�ldenda Nos. for t{ie amount statetl i�: tltis proposal."
3. As provided undcr paragraph 8 �1.ddenda, of the instructions to bidders, "To be
cnnsitlererl, rt Contractor's Pruposal must list and take into account al[issued
a�lde�zda.„
It is our belief that the apparent low is not in full compliance with the bid documents and
request that Sierra Landscape who is the lowest responsible and responsive bidder be
recommended for the awaz�d of this project.
Please contact our office at your convenienee should you have any questions regarding
this matter.
Sincerely,
George L. Gonzalez—President
73-771 Dinah Shore Drive,Suite 2Q0 • Palm Desert, CA 92211 • 760-328-89Q0 Office • 760-328-8944 Fax
www.sierralandscape.com - Lic. No.492834
. . � � .. • . �/-, . ( - . . . .. . �� ,�' " L
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���ednesda`�, .l�une 11, �(1U8
The Gity' oi PaImdalr
73-510 Fred VGaring Drive
palm Desert, CA 9�26U
Fax: 760-341-7098
Attn: I2�,�an
Re: Addendums for project A�[onterey Avenue Median Landscape
To whom it may concern:
Please let it be known that Rock Bottom, lnc. at 2724�,andco I7rive in Bakersfield, California has
acknovvledged addendums 1 and 2 in a fax(please see attached) sent h�1ay 20, 2008.
l�ock has accepted the additions 1 and 2 without a price inerease for project#961-02, Monterey Avenue
Median T.andscape.
Please feel free to cali Keith Allen with any additional questions or comments at 661-978-8066.
Sineerely, �
���-c.�'�
Ce1�Selnick
Rock Bottom,Inc.
Cc: Contract Frle
Cc: Keith Allen, Gene�•al Manager
Cc: Chuck Holmes, President
. .. L . . � �i'�• ' . � / _ . " - .. , . ,.�i F
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FACSTMILE TRANSMITTA�, S�TEET
TO:—Ci�y� of Palm nesert California FROM: Celeste Selnick �
I
FAX: 760-341-7G98 l7ATE: May 20, 2008 �
COMPANY: I NCJM$ER OF PAGES: 1
PHON�.NYJI�-ZBER: REFERENCE N�UMBER:
RE: Addendum 1 &2 for 961-02 I NOTES: I
I +
Rock Bottom, Ync. received addendums 1 8z 2 after the pro�osal was mailed out. Roek
Bo�tom, Znc. does ackno�vled�e Addendums 1 & 2 for project #961-02.
Thank ou,
Keith Allen
661-978-8066
. ,... . . L . . - . . • ��-.. - � - - :.. - . .. ,- -
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-----------------------------------------------�----------------------------------------------------
�549 P��er=;ory "X 17�134' 709� p. 1 OK
----------------------�-----------------------------------------------------------------------------
Reaeon for eiior
E. 1) Nang up or 1 ne fa� l E. 2� Bu6y
E. 3) Ne anewer E. 4, No faes �m� le co�nect � o�
E. 5) Exceeded max. E—ma� 1 e � ze
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FAC8IMILB 1'RANSD�IITTAL BHH6f
ro:-csr o c.u-��. rmo,H:c�sa�
F�7t:76p-34l-709� DATB;M�y 20.2008
COMCANY; NQM86ROfPA0E3; i
P?iUN6NUM86R� RFiFSRBNCfi NUMBER�
R&Addrndnm 1 R 2 for%I-02 NOTfi6:
?��ctc__t�+Lc,receive��nd.s�a I�@.Z at�-*the�ms+s was�sd a��R.Mr
Bottom.Inc.doce eclmowkdae Adda+duau 1�2 for pr�,�cct�961-02.
'tl�enk vou,
Koith.Allen
661-978-$066