HomeMy WebLinkAboutC25430B - Rock Bottom, Inc. - Monterey Ave Median Lndscp - 10/09/08CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Waive Apparent 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)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Rock Bottom, Inc.
2724 Landco Drive
Bakersfield, CA 93308
DATE: October 9, 2008
CONTENTS: Vicinity Map
Contract Agreement
Contractor's Proposal
Formal Protest / Acknowledgement of Addenda
Recommendation:
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
October 9, 2008
On May 27, 2008, sealed bids for the project were opened and read aloud. The
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
$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:
Ry Ga
Pr ect P
Annual maintenance cost for Palm Desert is �stimated t$3,750.00.
' ,r,� pep m ��Head:
� � �
t �
- � - r .
Mark Greenv�rood, P.E.
nistrator Director of Public Works
Appr va :
' � �� �,�
Homer Croy v ��,�X ����C�� ���,�l�son
ACM for Development Servi�g�p��p �irector ���3ce
1�,�'E T VED . , . . OTH�:R .
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fj�l�� ' �`u��.f.I�"'f�' �2�r �+ ., A ^�, , . ,. ,
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Carlos Orte ��''�-��� : � 'P��'��5�;'��.,�f'�SL�2_____,
City Manager t���::� � ,!�u. ,. � . ,. , , ., , .
���w:�r��r . �� rf���lm .
G��6�7c��0eY/ � 1 �aff Reoort,4L4ward Contract to Rock Bottom for Monterev medians 961-02 2.doc
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"?c i.crYnal on File w_ C'i fiv rl ark � c ('Sffi r�
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of October, 2008, by
and between City of Palm Desert, California, hereafter called "Owner", and Rock
Bottom, Inc. hereinafter called "Contractor".
WITNESSETH
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; (I) 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:
Signature to be notarized
TITLE:
OWNER:
BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert. CA
APPROVED AS TO FORM:
DAVID J. ERWIN,
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 Fiftv-two Thousand Three Hundred Eic�htv 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 OBLlGATION {S 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 harm{ess 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 1ega1
proceeding to enforce the terms and canditions of this bond, then all costs of said
proceeding, incfuding attorneys' fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, identical counterparts of this instrument,
which shall for all purposes be deemed an original thereof, have bE
executed by the Principal and Surety above named, on this
day of , 20 �
SURETY PRINCIPAL
:
:
INSURANCE COMPANY and/or AGENT
ADDRESS
each of
�n duly
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 October 9. 2008 , described as follows:
MONTEREY AVENUE MEDIAN LANDCSCAPE BETWEEN COUNTRY CLUB DRIVE
AND HOVLEY LANE WEST, PROJECT NO. 961-02, CONTRACT NO. C254308,
(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 Fiftv-two Thousand Three
Hundred Eiahtv and no cents Dollars ($152,380.001, 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:
Rock Bottom, Inc.
(Typed Name of Contractor)
gy:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance 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)
SURETY:
(Typed Name of Surety)
By: .
(Signature of Attorney-in-Fact)
(Typed Name of Attorney-in-Fact)
(Name, Address and Telephone No. of agent or representative for service of process in California if different from above)
COht�'i�CTOR'S PRC?POS�4L
i1��P]TLR�Y �VENLDE ��DIAN LAN�CSCt�PE
BETUUE�Ri COU{VTRY•CLUB DRIVE AND HO�l�EY LANE WESi
P6�OJECT N�. 96'�-02
T�: CITY 4� PALM DESERT, "Owner°
DATE: � t�-���5�
BIDDER: G'� `��'i�'�.�rv�., ( a.�� "Contrac#or"
The UNDERSIGNED, "Contractor", having car�fuify examined the site and the Contrac#
Documents for the construction of, MONTEREY AVENUE MEDIAN LANDCSCAPE
BETWEEN COUNTRY CLUB DRIVE AND H�VLEY L.ANE WEST, PR�JECT NO. 961-
02, CC?NTRACT NO. C25430B, h�reby proposes to construct the work in accordance
with fii�e Contract Documents, including Add�nda Nos. for the
amount stated in #his Proposal.
By submitting this Praposal, "Confractor"' agre�s with Owner:
'[. That un[ess wifhdrawn in person by CONTRACi`OR or some person authorized
in wri#ing by CONTRACTOR — not by telephone or telegram — before the time
specified in ihe No�ice (nviting Bids for #he p��iic opening of bids, ihis Proposal
constitutes an irrevocab�e offer for 60 ca(endar days after that da#e.
2. The Owner has the right to reject any or all Proposals and to waive any
irregularifii�s or informalities confained in a Propasai.
3. That the confracf shail be awarded only by fihe gaverning body of OWNER. Said
confract shall only ba deemed awarded after the C4NTRACT�R'S compiete
submission of a[[ contract documenfs, bonds, insurance documen�ation, and the
OVIINER sha11 obtain alf necessary signa�ures of fhe governing body, af which time
the contract shal( be deemed awarded.
4. To submit to Owner such info�mation as �wner may require to determine the
Bidder`s financial standing experience and to perform the work. .
5. That #he 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 cer�ificates of insurance within 10 days after
notice of award. If CONTRACTOR faiis to execute and deliver said ciocuments, the
check or bond is to be charged wiih the costs of the resultant damages to 4wner,
inc(u�ing but not fimi�ed io publicafion cosis, �he difference in money between the
amount bid and fhe amount in excess of fhe bid which costs Owner to do or cause
to be done the work involved, lease and rental costs, addifional salaries and
overhead, increased interest and �costs of funding #he proj�ct, attorney expense,
addifional engineering and architectural expense and cost of maintaining or
construction alternate facilities occasioned by the faiiure to execute and deliver said
documenfs.
C-1
1
2
3
4
5
6
7
8
9
'f 0
11
12
13
14
'! 5
16
17
18
19
20
Mobilization
Traffic Control _
Earthwork and Grading
3"-6" Cobble, "Granite" at nose of inedians
Boufders, "La Cresta" 3' dia.
Baulders, "La Cresta" 4' dia.
Boulders, "La Cresta" 5' dia.
Decomposed Granite "Desert Gold" 2" compacted
Irri�ation system
A�ave parrVi, 5 qal.
Bouqainvillea "La Jolla", 1 qal.
Echinocactus grusonii, 5 qal.
Ericameria laricifiolia "Ay�urre", 1 gaf.
Hesperaioe parvifolia "Red", 5 gal.
Lantana camara "New Gold", 1 gal.
Cercidium "Desert Museum", 36" box
Washingtonia filifera, 16' Brown Trunk Heiqht
Electrical System Installation
Maintenance and Establishment Period, 90 days
Special Services
TOTAL BID PRICE
�s
LS
SF
SF
Ea
Ea
Ea
SF
LS
Ea
Ea
Ea
Ea
Ea
Ea
Ea
Ea
LS
LS
LS
�
�
16,000
1,500
26
6
7
14,400
1
so
14
45
53
88
�05
12
26
1
1
1
�
�
$ . i�l�-'
Q ""t , bb
w
$ �oa._
� ��a. -'
$ 2�a , """
$ 1. oa
$
� 35'. —'
Q � - r
�p
� 9„�, _ '"
� ta.�'
�.�.._..
� ��
� �?o , ''
$ 1 �'Ot� "'
$
�
$ 15,000
�v��~�
$ ��� -. 1
�L3�� - �
$ �1�?r�o — �
$ 2 . l.At� --
$ ' �o -
$ l �v � _
$ 1 � �c�
I $ I � ar�o
� 2.� tc�a
$ ��o.
� I ,f� --
� `'�$ .Z _ co'-{n _
� ��..s '" I
$ �tV`�� 'I
$ �,�� �
� Z_�, aara
$ 2.,2So -�
$15,000 ,
� 1y2�3�a`=
C-2
Ifi is unde�stood that the quantities shown hereon, er,cept for those q�aantifiies marked
"'Lump Sum", are but estimates and fhe final payme�t wifl ba based upon the actua!
work performed, subject to sucii adjustment and alterations as elsewhere provided
herein.
The cosfs of any work shown or requ�red in the P1ans and Specitications, but not
speci�ical�y identified as a Pay Ifem are included in the Pay Ifem, and no additional
compensation shalf be due Cont�actor by virtue of Cor�tractor's compliance wifin the
Pians and Specifications.
TOTAL AiViOUNT BASE BiD iN FlGURES $ �� �' ����' ��
TOTAL AMOUNT BASE B(D IN WORDS C�i ��t�� �� JL'
�t,� `�''e.�z� `�`11t��n.S �.� . ��t�-+..v � �v.� �'►.,�,,• �v ,�P (
� ���
iN WITNE S WFIEREOF Contractor executed #(�is proposal as of date set forth on
Page C-1: � � � r
B /
Signa�ure
Title: f'/Z��f1��i�1`
Contractor
Attest b - ,..�.� � ��/�,��,r.
�
�
Title: J�Y�1`��-�' .�!u.�r..� t/
a�
�, , CELEQ't����
•—" ConAAi+kk. �tt665a38
� , �
� : �� Notary Pu�tin�C�iitarhia
�, KERN COUM(iY
1 �,,,, ', Niy Comm. Exp. Feh 26, 2UQi� t�
�. � '�V •P ^V �l J"i��,�r
C-3
{N(7 B/D 4NILL BE COfVSI��RE� UnILESS TH1S DOCUMEM3' IS COl�iPl.E7'ED IN FU�L. AL.L
APPLICA�LE ►T,�MS tl�UST BE FlLLED DUT}
li�F0�2t�ATIOR� REC�tDtR�D �F �IC}DEIR
Th� bidder is required to suppfy the �Following infarmation.
sheets may be attached if necessary.
(9 j Address �-�2r� ��� �j(Z-. ��,-. �
t
(2) Telephone No. �-,P �� � j1 • (`Z.C'� � ��,� �i�1� ����
Additional
� ����
{3) Type o# Firm (Individual, PartnershEp or Corpora�ion) ��a�-A-T1�4r-��
(4) Corporation organized under the laws of #he State of ���-t►J��'�'
/
(5) Contractor's l�icense No. �(a�� Exp. Date ��f'bb �
Cantractor hereby swears under penalty of perjury that this ' formation
provid�d is true and rrect.
By: l /1 l Title: �it1:S�Df.�'T
Signatur`e � Contractor
(6) List the names and addresses of all owners of the firm or names and titfes
of all officers of the corporation:
�+�.�� ..�pc. ri+�S �p�C�c�-�["'-y �'
51�2.�.'n. t`a� �i�m-� V l�.��� l c� �.,� �' �-t �Qe.t-a,
� °a---
(7)
�$)
jumber of years' experience as a Contractor in construction work
�
List at least three simi�ar projects completed recenify:
Confraci Cfass of Date Name, Address &
Amount Work Completed Telephone No of
Owner
� . �Zs� �
2. � �.'
3. i Ca� 1�
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C27 ��,. � �� i�� ��.�� �.
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(9) List fhe names and addresses of each Subc�ntractor who will perForm work
in or abaut the work improvement, and indicate what porkian of the warl� vuifi be
done by each Subcontractor: ,
Subco�tracto�'s �4ar�e: �� L.�k �T=� � .����� � C�
License Number: ��� � Z�� "�' �-� �
Address: � �� V �c �'�'-'`� v � �w
�
``�.�� �S-� s ��
Teiephone: �L�1 — � t� � �� � �
Work to be per�ormed:�.�L�-�'�'T�I N�l
Subcontractor's Name: � � 1�-
License Number:
Address:
Telephone:
Work #o be perfarmed:
Subcontractor's Name: � � Y�
License Number:
Address;
Telephone:
Work to be performed:
�
����3
(10) List the name of the person who inspected the site of the proposed work for
your firm
(1 �} A financial statement or other information and references sufficientiy
camprehensive to permit an appraisal of your current financial condition
may be required by the Owner.
D-2
� ; �. 1 '. i . 1 ' � i., , f ,' � a. .. ,� :� r: � ,,
KNOW ALL MEN BY THESE PRESENTS,
That we, as
principal, and as surety,
are held and firmfy bound unfo the Gity of Palm Desert in the sum of
$ {10% of �id} fo be pafd to #he said 4wner or ifis certain
attorney, its successors and assigns; for which paymeni, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and se�eraliy, #irmfy by these presents.
THE C4NDiTION �F TH[S OBLIGATION IS SUCH, that if the certain proposal of
the above bounden principal to perform certain work described as follows:
The qeneral items of work to be done hereunder consisfi of: mobilization;
installation of iandscape materiaf and irriaation equipment; and installation of
traffic control devices reauired durina constr�action of the improvements and all
ap�urtenant work as rectuired bv the qlans and s�ecifica�ions.
and dated is accepted by the City of Palm
Desert, and if the above bounden principal
shall duly enter into and execute a contract for such construction, and shall
execute and deliver the Performance Bond and Payment Bond and insurance
certificates as requ'sred by said contract, then this obligation shall become nuil and
void; otherwise it shall be and remain in fuli force and effect.
Should it become necessary for the owner to institute a lawsuit, or any
ofher fegal proceeding to enforce the terms and conditions of this bond, then a(I
costs of said proceeding, including attorney's fees, shalf be awarded to the
prevailing par#y.
F-1
IN WITNESS WHEREOF, We hereunto set our Hancfs and Seals this
day of -- , 2Q
Coniracfors name:
Surety's Rlame:
By:
Aticlress: �
Title:
Tefephone:
F-2
SID�ER'S BQi�p �`t) /�CCO�tIPA�3Y PI�O�OSAL
KNOW ALL MEN 6Y THESE PP,ESENTS, .
Th�t w�, Rock Boitorr�, Inc. as
!}CtflClpa�, and Tjr���j�tional insnr�n .e om an� of Am�„r,i.�� as surety,
are held and #irmly bound unto the City of Palm � Desert in the $um of
$ �' {i0% of bid) �o be paid to tf�e said Own�r �r its certain
attomey, its successars and assigns; for which paymen�, wefl and truty to be
made, we bind ourselves, our heirs, executors and �dminisirators, successors or
assigns, join#ly and several[y, firmly by these presen�s.
*{i0%} Ten percent of the attaci�ed bid amount
THE CONbITf4N OF THfS 4BLIGATION iS SUCH, that if the cer��in proposal af
ihc; abave �aunden principa! �o perfarm certain work described as fbllows_
The qen�ral items af work to be done hereunder consist of: mabilization;
iilSYallation of landscape material and irribatiori equipment; and installatiQn of
traffic contral de�ices reauired dur�nr� construction of the imr�rovements and alI
apt�ur�enant work as reauired bv the plans and specifiications.
and dated May 20, 2008 is accepted by the City of Palm
Qesert, and if th� abvve bounden pr9nci�a! _ Rock Bottnrr�.c�
shall duly enter info and execute a contract for such cpnstruction, anci shall
execute and de[iv�r the Perfarmance Bond anc! Payment Bond and fnsurance
certif:cates as rc�quired by said contract, fhe�7 this obiigation shaH become nu{l and
void; othennrlse it shall be and remain in full force and effect.
Shou[ci it becoma necessary for the �wner tn institu�e a lawsuit, ar any
other Eegal proceeding io enforce the terms and conditians of th�s bartd, then all
cosis of said proceeding, including attomey's fees, shall be awarded to the
prevailing pariy.
F-1
tN WITNESS WF�ER�OF, We hereunto set o�r Hands ar�d Seals f�is
�6th day o� �ay ,, 20 08
Con�ractors name: Roctz ttom, �nc.
B y: �� , � ,,l
SUi�ty'S�FI'1G': Fir:st Pda#ionaN insurance Connpanv ofAmerica ,
� ! i
%t /
I
�3y: ( �.� /��Lt/ t l t.��.i?�i1
��..; - �
Ac�dre�S: SafecO Plaza, Seattle, WA 98185
jj��E; Stephanie Pham, Attorney-in-�'Act
Te(epi�on e: 800-332-3226
F-2
�i��..������� ���.,-���i���� ��.►������������
;.^�vE=4?�-�`��S£> '_-�4'�Ci'�.i`�`�ifi'�=•c,}t=�i'C%E}F=t:'Ell��'✓.^.`t,c}'�%E.`�%,:`�v"CeC:.`C%C:`�'-Y`�G,�� � C:`E=Ci�%t?�%i'�%4`�%�i` -��i''�G''�;1�!v^�(>'L C?E%C.'�c%C`f :4't%4�v�'�S>`�i^�i`L
STATE OF CALIFORIVIA
Caunty of �run�c ,
�
On ��..�' � .� ' �� , before me,
Date
personafiy appearecf
�
.. •,.... , TAiViMY SOiO
• Comrnlssion # t GA60�0
� . �s Nofary PuaNc - CaGfomir� y�
�Orange County �
y„ , I+' •,1II. Nly Comm. Pxplres Feb 18. 2Q10
-uau,., ro.i..,��v...,,w�• ��u� �m�r.,eY....�u��..,,a�
Place Noiary Seal Above
who proved to me an the basis of satisfactory evidence to
be the person(s) whose name(s} islare subscribed to the
within instrument and acknow[edged to me that he/she/they
executed the same in his/herltheir authorized capacity(ies),
and thai by his/her/their signature(s) on the instrument ihe
person(sj, or the entity upan behalf of which the person(s)
acted, executed the instrument.
i certify under PEfVALi' PERJURY under the laws of
the State �f Cali ��ia that th foregoing paragraph is true
and correc��
Wi�ess my hand a d of�ci .
Signature t �i�✓�t, ��
Signalure of No�ry Public ��
.. ,., _ .... . . .. ... .. . . J, tr,_.. . _ . .
. . ..
...._ .. . ... ...... ..... ... OPT1Q�lAL . ...
Though the informafion below is not required by law, it may prove valuabfe to persons relyrng an the cidcument
and could prevent fraudulent removal and reattachmanf of thrs farm to another document,
Descripiion oi Attached C3ocurnent
Title orType of Document:
Documenk Date:
Signer(s) Other Than Named Above:
Capacity(iesj Glaimed by S"sgner(s)
Signer's Name:
� Individual
❑ Corporate Ofiicer ---- TitlE{s):
❑ Partner --- 0 Limited � General
� Attorney in Fact ���� ia.� �,��,,u� �� ��� o_�,,�� ,� „i��
❑ Trustee �
C} Guar�lian ar Conservaior Top of thumb here
❑ Other:
Signer is Representing:
�
Tanun�' Soto, Not.u•�' Public
Here Inseri Name andTille of t�e Officer
Ste�l2�ynie Ph<tm
Name(s) ot Signer(5)
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer---Titie(s1:
❑ Partner --- ❑ Limited ❑ General
❑ A#torney in Fact
❑ Trusiee
❑ Guardian or Gonser�ator
❑ Other:
Signer Is Representing:
�,,� i��. �� �„
��_� �
� •
Top of thumb here
;:`�;�:�^�v._.�=�c.'<�c:`E�h.�E c:`Gc:`�.c�c<.'e%c��=�v`.�,�scL^�;�;`�-�.--_-t:�;'�G�:�:`u��=�c;�c�c:�u.`?•vy����.^�<,"�.�G:�w�'t;�c.�`��4�c:�`'--.��.��
C� 2007 i3alfonal Notary AssociaSion • 935G Do Soio Ave., P.O. Sox 24U2 • Ghatsworlh, CA 91313-2402 � �vv�wdJa{ionalNotary.oEg Item k5947 Reo�det: CaEI Tati-FtCC 1•SOD�876•6827
i i �'ii:Lz.i� t:t=:�
�,;;�. ,�t,,.,, � �Q}J�(E(� ,SafocoinsurancoCompanies
r =`=� �k;�'� PO Box 34529
v., ..:,.�'•.:s�� � i�F ATTORNEY saa�tio, WA98124�1526
FCiVOW A�.L RY THESE PRE3ENi5;
�o. 1Z804
That Ffi257 NATid�fAL INSURANCE CC#MPANY OF AMERfCA, a WashingEon corporation, does hereby appoint
a"`{�''�`}*'�'��'`'`*'��'�ERiC iOV+!£Y; STEPHAN(E PHANl; MARK RICHARDSOIV; Casta Mesa, California'����'�������a'�'���`'`*
its true and lawful atfarney(s)-in-facf, wi{h full authority to execute on behaff af the company fidelity and surety boniis or
undertakings anci olher riocemsnts of.a simflar.characker fssued t�y the company in the course of iis business, and to bind.F[RST
[VA'RONAC. INSURANC� COIUIPANY OF AMERlCR thereby as ful{y as if such in"sUutrients had been dufy executed by its regularly
e{ected officers at its home office.
EN WtTNESS WHEREdF� FiRST IdATION:4t [NSURANC� COfi�IPANY OF AMERtCA has executed arid atiested tEzese presents
dhis 28th
day.oi DeCember
2�05
���� � �f�
/v '-
STEPF1ANf� bAI.�Y-WAT5CIN, SECRETAiiY MIKE PETERS, PRESiDENT, 3URETY
CERTIFIGATE
Extractfrom'the By-Laws oP FfRST NAi'IONAL INSURAPICE GOPVIPANY OF�AIVIEFtIC%�:
"ArUcle 1/, SectPon 93. -:FID�L[TY AND SURETY BONDS ... the Frasident,;any Vlce Presfdent, t�e'Secretary, and any Assistant
;1/fce P�esident,2ppointed'for ihat purpqse�tiy fhe officer.in Fharge'of sarety operstioris; sfiali each 'tiave�aulhority to aPpbiot
individUaEs as attomeys=in-fact or under other appropriate tiftes with atttho�ify to execuie on behaif of the company fidelity and surety
� 6o.nds and afher document"s of similar characte� issued by the campany in;ihe course bf if's business...,On a'ny insfrument making or
eviden�iqg sucl� appointrnent, tha signa[qresmay be af4ixed b.y facsfmi[e. On any instrument ennferrtng auch suthority or on apy bond or
underfaking of lhe, company,.4i�e,seal, or a facsimile thereof,.may.6e. impressed or afiixed ar"fn anyother manner reprodaced;
proviiied, however tFiat the seal shall not b'e necessa'ry to the 4alfdity of ariy such instrument or "underiaking "
Exlract from a Resolufion of ftie Haard of Direcfors of
FIRST NATIONai.INSURANCE GON1p,4NfY 0� ANEERIC,4adopfed:July28,'l970.
"Ori any certifcate executetl by the Secrefary or an assistant secretary of the Gotnpany setting out,
(�) � The pravisions of Artiete V, Section i3 of the By�LaWs, and
(iij . R Copy of the power=cif attotney appointrnent� :executed pur�uant thereto,: and
(iil) Ced(fyfng that said poWer-of-attorney appo'intmenE is in fuli force and,effect,
the signature of the certifying officer may be�by facs'imi[e, �nd the seai of fhe CompaOy may �e a facsimile thereof."
l, Stephanie Daley Watson , Seciefary of FIR5T NRTIO,NAL iK15URANCE COMPANY OF ANlEF21CA,.do fiereby cettify that'the
:fdregoing 'extracis 'af the. By L�v�rs'and. of a Resofution of 1Ne' 6oarii of"�irectors bf,lhis:carparation, .and of:a Fauier df Rttomey
issUed:pursUanl therela; are true and Correef, and that boih fhe�B}�Laws, fhe Resoli�ion and the Power bP Attorney aie st!!.i 'in fiill force
arld etfeci.
JN Wi7NESS WHEREQF, i i�ave hereunEo set my hand and a�xed t[�e facsimite sea! af said corpnraEion
thfs 15th iiay 6f MaV , 2008
��� Q���
STEPHAhtEE DALEY'•WATSON, 56CR�7�4RY
S-1U49lDF ,4105
Safec� and the Satew Icx�o are fegisfered tademarks oE Safeco Crirporation.
WEB PDF
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' • i�+�v+��•—�— Yrtr—a� a4.1, �.EJ��.�I.s�in�., ~ ItU�f��• ,
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�,Hi.�79.1V11�l:1 111i3J.��.1Y16Rl. l�� F7�Y�.LIA
T4:— City af Palm Dese��t
FA�: 7b0-34] -7098
COMT'Arl'i'�:
P�raNE NUM���t:
�: �61-Q2 Pos�pQnem�nt
�fiOM: Celest� S�lniclz
DAT�: NTa� ZI, 2008
NUMBER QF PAGE�; 1
��'��N'CL N�CJMl3ETt:
�OTES:
Rocl� �attom, Xnc. uriderstands ihat the project #961-02, Manterey Avenue Median Landscape
between Country Club Drive & Hovley Lane �est has been postponed untii May 27, z00$.
Rock �attom, rnc. sent an overnight package which included au� Propasal along with the Big Bond
sa that it �wo�uid �a�rive at your faoiiity �n IV�a� �1, ��0$. Recard.s i�.dicatie it lias a�riv�d and is in
�aur protectiion.
Flease appl� the cr�.rr�ni Prr�pasal and �i�i Bond pra�ride� and in �our pass�5s�on for the revised
date of Ma�' 27, 2408.
i'leas� call �i�h an� qt�estions at 66i-978-8�66.
Sincerel�,
Keith Allen
Rock Botton�, Inc.
._ .7 :.-;
�,
� ��
�� -�
�
� �,:�:-
—C —�' j.�
i�'�i � i� ; �
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n' - ��w
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ry -� � �-•'
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C3'1 T�` �
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A: _ }:; ,.l i
,.s
May 30, 2Q08
City af Palm Desert
Mr. Ryan Gayler — Project Manager
73-510 Fred Waring Drive
Palm Desert, CA 92260
(7bn) 34&-0611 Tel.
F�E���� V�,�
`�UN -- 4 2008
�u�►Q�w�sS�'R�ic�S��Ar'�r
RE: BID PR4TEST - Construction of ihe Monterey Avenue Median Landscage Between
Country Club Drive and �Ioviey Lane West (Projec�E #�961-02 and Contract #(;25430B)
Siena Landscape Co. In�. hereby submiis a formai bid protest fox the above-referenced
project, subtnitted by the apparent low bidder (Rock Bottom Inc.) who appears not to be
in compliance with the instructions to bidders for the afor�mentioned project.
The �ollowing points, outline as described in the bid dacuments, our groirr�ds foz protest.
1. The apparent low bidder provzded a pzoposal to the city and failed to acicnowledge
Addendum #i issued May 14, 2008 and Addendunn #2 zssued May �9, 2008.
2. As required by page C-�. of the groposal, "Co�ztractor, k�vi�tg cnrefully
exnntrtted tlie srte a�atl ilae Co�ctrrrct Docrt�ne�tts, for tlie consiruction of,
Monferey Avenue Me�lian Lant#scape Betiveet: Caraniry Club 1�rive asid Hovtey
Lane Y3'est, ProjectNo. 951-42, Corztract .IV'o. C2543a.8, hereby �roposes to
cvtistrucf tlte fv4f�lc iti r�ccorrfnnce witla flie cotitrrcct dnci�tnents, inclurlirtg
Acfcletida Nos. for' fILB fii7i011i2� SfEItEf� lti tItIS j31•oposal."
3. As provided un.dex paragzaph 8 Addenda, of the instructions to bidders, "To be
corzsidererl, � Co�itractor's Proposal »aust list an[l l�tke ittto accou�tt �1[ [ssiced
a�de�ttlrc."
Tt is our belief that the apparent low is not in fiall compliaxice with the bid documenYs and
request that Sierra L,andscape who is the lowest responsible and responsive bidder be
recommended for the awaz�d a�this project,
Pleasa contact our offtce at your convenience should you have an� questions regarding
this znatter.
Sincerely,
George L. Gonzalez — President
73-771 Dinah 5hore Drive, Sui#e 200 • Paim Desert, CA 9227i • 760-328-8460 Ofifice - 760-328-8944 Fax
www.sierralandscape.cam - Lic. No. 492834
_____ �
fi
�'.
�l
�. �
, ��. � ..�.�d:..c.a.. �.
i . � . s� , � i .. .-r�+''
1�Vedn�sday, �une 11, 200b
TY�e �il� of Palmdalc
73-510 Fred Waring Dri�ve
Palm Desert, CA 92260
�ax: 760-341-7'09$
Attn: ��an
Re: Addendurres for praject Manterey Avenue Median Landscape
T� whom it may aoncein:
Please let it be known that Rack �ottam, Tnc. at 2724 �andco T7rive in $akersfield, California has
acl�na�vledged addendums I and 2 in a fax (please see attachedj sent May 20, 2008.
Rock has accepted the additidns 1 and 2 without a price incre�se �4r project #9b1-02, IVlonterey Av�r�u0
1Vredian Landscape.
Please feel £r�e to call �.eith A.ilen with �ny additianal questions or oomments at 661-978-806b.
Sincerely, ? f,,
Y� .
�ele�SelniCk
Rock Bottom, Inc.
CG: C.'ontract �Yle
Cc; K'�itlzAllen, Cie�zet•arManager
Cc: Chuck Hortrr�s; Pr•esideht
^ �. . . I: I� .. � .
FA���NIILE TRANSNl7TTA�, S�ET
TQ:— Cii:y af Paim Desei-t California
FAX: 76Q-341-7098
1 CQMPANY:
I PHO'NE I��BER:
R�; Addendurn 1& 2 for 96I-02
�ROM: Geleste Selnick
DATE: May 2p, 2003
N'CJMBER 4F PAG�S: I
REFERENC� NUIVt��it:
N�TES:
,
l�.ack Ba�om, Ync. received addendurn.s 1 8� 2 after the nropasal was mailed out. Rock
Bofito�n., Z�c. does acl�no�rled�e Add�ndums 1� 2 for uroiect #961-�2..
Than1� �rou,
�eith Allen
66�-97$-Sq66
i,, ?, .i: i�l� F �7',� � V � y� i� l� : :J i ;i �.. }I (' � � i iYi r � ,! t„� ,l I,j �1 }�� � {,: . � � � rIIYI . �i. ?: ,
1 I ('�: ::< _. P i ��u ! n.
;) )
Da t e/T i me ; fvl�y. �i1. 20!1$ 10 : Q2�1�
File Page
Na. Mode Deszination " Pg(s) Result Not S�nt
��49 Nferoor� TX 11603411098 P. 1 OK
Raaean tor error
E, 1) Hang up or line fz�l fi.2) Buay
E.9) No anawer E.4) No facs�m�)a eonn�ction
E.5) Exceeded max. E—mail aize
' N�`
� 1 .
, � . � �`.�.r.-.�'�
. � ::�':..t: f':I� WR". _
eAC�A9 �$ TEkAHO��iT fw BHgET
� T0:-CSsyofPdwDoxx CelifumSa
I PnX:960.341•��S
IcoA�tiNY;
I p}[oN6M31+a8HR:
IR& Add�am 1, k i 1bc 9b I-02
FROM:Celaie Sdnick
pni�: M•rzo, 2406
NUt,SB6It OE PAOFSI 1
KBF5RBNCS NU6dBElt
NA'f'GB:
- �
?�oc�$oQam. Tnp,,� �����±�jqsjt�nis 1.6 2 aftcrthc prono�l tvas ma�cd m�t Tteck
$otiom. Iac. doca aclmowlcd2o Addcs�tlums 1& 2 for nmir.ctt1961-OZ.
Thank vou,
K@1i�1�,��.44
G61-47R-ROR6
Monterey Avenue Medians – Country Club Drive to Hovley Lane West