HomeMy WebLinkAboutC28910 - Eldorado Median Lndscpe Rnvtn (942-08) Contract No. C28910
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C28910 for Eldorado Median Landscape
Renovation to Candyl Golf Group, Inc., of La Quinta, California
(942-08)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Candyl Golf Group, Inc.
79-752 Morris Avenue
La Quinta, CA 92253
DATE: July 9, 2009
CONTENTS: Proposal
Agreement
Payment Bond
Performance Bond
RECOMMENDATION:
By Minute Motion:
1. Award Contract No. C28910 for the Eldorado Median Landscape Renovation
to Candyl Golf Group, Inc., of La Quinta, California in the amount of$84,241.
2. Approve a 10% contingency of$8,424.10; and
3. Authorize the Mayor to execute the agreement.
Capifal Project Reserve Funds are available in Account No. 400-4614-433-4001.
DISCUSSION:
On May 21, 2009, City Council authorized staff to proceed with the bidding process for
the Eldorado Median Landscape Renovation Project between Country Club Drive and
Hovely Lane East.
On June 17, 2009, the City Clerk advertised and called for bids. Bids were opened and
read aloud on Monday, June 29, 2009, at 9:00 a.m. with the following results:
Staff Report Contract No. C28910
Award Eldorado Drive Landscape Renovation
Page2of3
July 9, 2009
Contractor Location Price
1 Candyl Golf Group, Inc. La Quinta, CA $84,241
2 Sierra Landscape Company Palm Desert, CA $117,704
3 Teserra Outdoors Coachella, CA $133,900
4 Leon's Landscaping Thousand Palms, CA $146,225
5 Marina Landscape Anaheim, CA $157,443
6 Kirkpatrick Landscaping Indio, CA $167,226
Staff reviewed the bid proposal for the lowest bidder, Candyl Golf Group, Inc., and
determined that all bid requirements have been met. Candyl Golf Group has performed
contract work for the City and has successfully executed the terms of the contract.
Therefore, staff recommends that, by Minute Motion, Council award Contract No.
C28910 for the Eldorado Median Landscape Renovation between Country Club Drive
and Hovley Lane East to Candyl Golf Group, Inc., of La Quinta, California in the amount
of $84,241, approve a 10% contingency of $8,424.10, and authorize the Mayor to
execute the agreement.
Fiscal Impact: The engineer's estimate for this project was $219,376. The lowest bid is
in the amount of $84,241, which is a savings of $135,135. Funds are available in the
General Reserve Account No. 400-4614-433-4001. The continuing maintenance has
been included in next year's budget.
Pr pared By: Approved By:
e Holling r H. p ncer ight
ndscape Specialist La ds ape ager
Depa e ad:
. a � �
Mark Gree ood, P. . � �
Director of Public Works q p :�
►
A r I: � ,
V
n M. Wohlmuth ul S. Gibson �
ity Manager Director of Finance � A � w
o � � " A o
� O � ~ ' �' � � i�
� a w � O ao�a � .
� � ez � e � �
BIDDER'S BOND
To Accompany Propasal
--- f�NOW ALL MEN BY THESE PRESENTS, .
That v�re, Candyl Golf Group, Inc.
as principal,
• and Cantractors Bondinq and Insurance Cor�any as s�rety, are held and
firmly bound unto the City of Palm Desert in the sum of $ 10,000.00 (10% of bid)
to be paid to the said Owner or its certain attorney, its successors and assigr�s: far
` whlch payrnent, well and truly to be �nade, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
� THE CONDfTION OF THIS OBLIGATION IS SUCH, that if the certa�n proposal of the
above bounden principal to perfarm certain work described as follows:
` ELDORADO DRIVE MEDtAN LANDSCAPE, HOVLEY LAN� EAST TQ GOUNTRY
CLUB DRiVE. The general items of work to be done hereunder consist of, but are nat
limited to: construction survey staking; mobil�zafion; ciearing and grubbing; cobble
J median; �nclassrfied excavation and fill; grading; landscape and irrigation; repair of
damaged concrete curb and asphalt, and dated June 29, 2009
is accepted by the City of Palm Desert, and if the above bounden principal Candyl colf
� Grortp, Inc, shall duly enter into and execute a contract for such constnrc�ion,
and shall execute and deliver the Performance Bond and Payment Bond and insurance
� certificates as required by said cantract, then this obligation shalt become null ar�d void;
otherwise �t shall be and remain in full force and effect.
� Should it become necessary f�or the awner to institute a laws�it, 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.
` jRemainder of this page has intenfionally,been left blank.
Signat�re blocks are confained on the next pageJ
Page F-1
!N VI�ITh1ESS WHEREOF, We hereunto set our Hands and S�ais this 26�' day
of June 20 09
Cantractors Name: ��Yl Golf Grou , Inc. �
,
Contractor's Signature:
Title: ��
� Add�'ess: 79-752 Morris Avenue, La Quinta, CA 92253
Telep�one: (760) 200-0073
� Surety's Name: Contrac,�ors Bonding d Insurance Com�any
�
Surety's Signature_ � � f
lene Mendoza-
T[tle: Attorney—in—fact
- Addr�ss: i11 pacifica, Suite 350, Irvine, C,A 92618
�elep�one: �9�9) 341-9110
' 8t�f0 Of Cpiltp�ip� Copnry ot /S' � v r�� ,:-�-./t
� h�fo�e m�,��,� sZ- .,�',r��-�
Notary c,pera p qpp�raQ ,� ,,,.,�� ,
whq proved to me on ihe ba�s oi ac evidence be 1he peraqt�'
� whose na J�ialare sub�cdbed to ttre wlthln Instrument and acknowledged
to me thaf he��ecuted 1he same in hia(Mbetl�auttiorired copoclly�s�%
and that by h - slgnufure�s�on the in�trument the person�s�,a the enti�
���.� upon behalf of whlch the peisoa{�'octed, ezecuted 1he Insirument.
�q�y�,��378 I cerlity under iENAIn OF tERJURI'under the laws of the Sfaie ot Calitornia
� NpTARYPUBLIC•GLLIFORNIA� that ihe foregoing poragr h i irue and c r ,
RNER�E COUNTY WITNESS my hund and official sea! �. --
Conrn�ion IIPRZS Z013 __ __ _
,
Page F-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - _ - _ - - _ - - -�
State of California
County of Oranqe �
On 06/26/2009 before me, ��ew J. Sysyn, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Raylene Mendoza
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(�) is/� subscribed to the
within instrument and acknowledged to me that
I��fft� executed the same in I�s/her/�' authorized
capacity(�;, and that by�her/�c signature� on the
ANDREW J.SYSYN instrument the person(s�, or the entity upon behalf of
Commissfon# 1624378 which the person(� acted, executed the instrument.
� -e Notary Public-Californlo �
orange County I certify under PENALTY OF PERJURY under the laws
nnycomm.exp�resNov24,2o09 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal�
Signature �p � ac���-
Place Notary Seal Above Signature ot Notar Pu c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _
Document Date: Number of Pages:
Signer(s) Other Than Named Above: _.
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
O Individual L] Individual
❑ Corporate Officer—Title(s): I�Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
l� Attorney in Fact � �'. ❑Attorney in Fact • '
Top oY thumb here Top of thumb here
CJ Trustee ❑Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
_ . _ _ = - - � _ _ _ - - - - - -- �- - - - - - _ _ _ _ _ _
Oc 2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reordec Call Toll-Free 1-800-876-6827
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Contractor's Proposal
ELDORAD4 DR1VE MEDIAN LANDSCAPE
HOVLEY LANE EAST TO COUNTRY CLUB DRIVE
Project No. 942-08 �
Contract No. C28910
TO: CITY OF PALM DESERT, "Owner"
DATE: �- ��' �
BIDDER: G�'��L' ��� �'��'`�� ��'' "Contractor"
The UNDERSIGNED, "Contractor", havang carefully examined the site and the Contract
Documents for the construction of Eldorado Drive Median Landscape, Hovley Lane East
to Country Club Drive, Project No. 942-08 Contract No. C28910, hereby proposes to
construct the work in accordance with the Contract Documents, including Addenda
No(s). �Z� 3, �- for the amount stated in this Proposal.
By submitting this Proposal, Contract�r agrees with 4wner:
1. That un{ess withdrawn in person by Contractor or some person authorized in writing
by Contractor — not by telephone or telegram — before the time specified in the
Notice Inviting Bids for the public opening of bids, this Proposal constitutes an
irrevocable offer for sixty (60) calendar days after that date.
2. The Owner has the right to reject any or all Proposals and to waive any irregularities
or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of 4WNER. 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
B9dder'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 Agreernent 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 band is to be charged with the costs of the resultant damages to �wner, 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,
Page D-1
760 34i 7098 01_3A:58 p.m_ U6-26-2009 3!4
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1 Mobilization LS - 1 $ qo6 S 9 00
Ciearing and Grabbing/Irrigation SF 57,268 � '�� � �'1�O
2 Dennolition
3 Eatthwflrk azid Grading SF 5?,ZG8 $ .029 $ I -roo
� 4 Bouiders,"Cresta"3'dia. (3a) �a I85 $33•�}b $ 6 I q o
5 $oulders,"Cresta"4' dia.(4a) Ea 101 $ �Z.9 $ � 35'0
6 Boulders,"Cresta"5' dia. Sa Ea 42 $ Z,85 $ 3,a o 0
7 Boulders,"Cresta"2'dia. (2a) Ea I 13 $ 33.�3 $ 3,8 I o
8 Inorganic MulchlDecomposed Granite SF 57,268 $ $
' `Brimstone" w/11°lo fines, 2" depth aft� '3g� Z2,3 a 3
ca action . �
9 Irrigatian system LS 1 $ q SSS $ 9 �55
10 Remove 4 Date Palms LS 1 $ ( ?oo $ ( '1 o c
Parkinsonia x. `Uesert Museum'— Ea 13 $ � oo � � 3 0 0
11 24"Box �
12 Acacia aneura—24"Box Ea S $ 10 0 $ 800
13 Eucal tus`Moo low'—15 Gallon Ea 5 $ 85.°' $ �25
14 A ve americana—5 Gallon Ea I 1 $ 1�.°' $ I b S
15 A ve a..v.medio 'cta—5 Gallon Ea 2 $ 2Z.. � $ �h`�
15 A ve vilmoriniana.—5 Gallon Ea 1 Q $ l .'S� $ I 45
Gereus peruvianus `Monstrosus' — Ea 2 � 3 05 � �7 0
19 3'Ht.i 3 Arzn Minimurct
Fauquieria splendens — � 5' Ht. / Ea. 14 $ 6o.3S $ $�-�
18 12 Can.e Minimum
19 Yucca rastrata-1� Gallon Ea 8 $ 12�. � $ 9 8 0
20 A ave geminiflora—S Gallon Ea 15 $ 21.V� $ 32S
Zl Agave atmeri—5 Ga11an Ea 4 $ 22,�' $ �)o
22 Nolina lon 'folia—5 Gallon Ea 24 S 22.o$ $ 'S �
23 A ve victoria�re ' e—5 Gallan Ea 3 3 $ �5:¢'s $ 1,S o 0
24 A ve azrasana.—5 Gallon Ea 34 $ �•°� $ 1, 1 al o
2S H eralae arviflora—5 Gallon �� Ea 3 � $ 1�6.°' $ �}.,g,•'
26 Herperaloe parviflroa `Yellow' — Ea 8 $ �� �� $ �2�
5 Gallon -
27 Baileya multirac�iata—1 Gallon Ea 135 $ �• `� $ 89 0
28 Bulbine frutescens—5 Gallon Ea 304 $ b.01 $ 1 $�
29 Cu hea llavea—5 Gallon Ea 95 $ 14,2� � I 3'So
30 Eremophiia- maculata `Vaientine' — Ea. 15 $ �� .�1 $ 2�
5 Gallon
3 i Eu horbia milii—S Gallon � Ea 42 $ 1 q,o $ 8 00
32 Russelia equisetifornus—5 Gallon Ea 35 $ 1 .8 $ �2 0
33 Daiea capitata—1 Gallon Ea 18 $ 4�.6'j $ �Z o
�.
1.
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760 3417098 01:35:28 p.m. �6-26-2009 4/4
_ �.
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34 l�aintenance and Establishment P�o�, LS 1 $350� $ �
�,�o°
90 da s i:
35 Traffic Gontrol LS � 1 $ �,200 $ �.Z�� �
TOTAL BID PRICE $g�, 2��
The costs of any work shown ur required in #he Plans and Specifications, but not
specificatly identifieti as a Pay 1#em are included in the related Pay (tem(s), and no
additiona( compensation shail be due Contrac�or by v�rtue af Cnntractor's compiiance
with the Pians and Specifications.
TOTAL AMOUM BASE BiD tN FiGURES � g�. 2�(,°�
TOTAL AMOUNT BASE BID !N WORDS ����T 1 �uQ '(�-�oUSdnl�
'(�I�clO �.IU�(f�� �at'� O�E I?o LL�2� ` �o C�l��s .
ti� WITNESS WHEREOF Contractor ecuted his proposal as of date set forth on
Page G1: I
� BY�
Signature
Title: �'��
Contractor
Attest by:
Notary Public in and for said County and State
Title;
""� State of Califomla, Couniy of /� ����-� �` ���
�""""`"""�"�"�M�GLYI�I J.BI�Tt befnte me, <—� � .• � �'`crZ
� coMM.��s�e3�e On�� ' na uppeaied -�
NOTAR�f PUBLIC•CALIFOR�pA� Notary ic,P�
� �VE�E CpuNTy �p � wh0.p►oved to e on 1he ba�is of ac y �Idence e ihe peiw
�p�p;p, ' APR 2S,Z013 ,►fiose name�slare subscdbed to the within Instiument and ockiw�nled
to me thatti41ehe11pe'rexecuted the same In hisJl�it,peQoalho�lted capadl�les�
and that by his�erithei►signa the insfrument ihe peison�'a fie emflV
- upon behalero�p�h���RJUR`I'fmderthe lawa of Ihe Stote t CaiNomla
I ceriity und a�a r I s r u e a n d c o t� �
WIINESS my hand ond o icl�seal, g
, �_�
�.
,-
`
�'
� -� ':
Information Required of Bidder
The bidder is required to supply the following infarmation. Additional sheets may
be attached if necessary.
(1) Address 1 - 1 --1 S2. 1�o r-r i s I�-}ve. LQ-Q vli �•Q �5?j
{2) Telephone No. ��p0 • 2-dca -00-1
(3) Type of Firm (Individual, Partnership or Corporation) C�p�O►�a�'Ov�
{4) Corporation arganized under the laws of the State of �� �'� ✓Y1 i 0.�
(5} Contractor's License No. g 1 �S��- Exp. Date ���31 �d�
Contractor hereby swears under penalty of perjury that this information provided
is true an correct.
1
gy: Title: C.rc.�
' nat re Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers af the corporation:
t.�0•V� �.-�~�..E 0 � 1-��Z Y Y 1DN1/t S I�/�_��t i r/1��A.
` �a��
�-2 �i�v� l.�-e� .--�FC)����'e�tw� 7q-1S 2. �o�✓tiS �/E'. �.�,Q�tr✓�,.
Cs�, -c't Z��
(7) Number of years' experience as a Contractor in construction work �,
(8} List at least three (3} similar projects completed recently:
Contrac#Amount Class o#Wo�k Dafie Comple#ed Name, Address & '1(� .
Tele hone No. of Owner �1 ,
1 t{L�► G�(� b a � G-Z7 0'� � z OC) � a C�. ��� � oaa
� � '1Cop.
2�� 24 ,�? L'21 �,'� o 5,,,�'�cl�o v►�1� -�,o -
� O 20 0"] " ��� �'►0 3��
3.1�Q �P� . �a G�ZT b� Z�� ��s x� �$�p�o ' '1�O ,
~ �i I
-
�-1�'1y
Page D-4
(9) List the names and addresses of each Subcontractor who will perform work in or
about the work improvement, and indicate what por�ion of the work will be done
by each Subcontractor:
Subcontractor's Name: ���� v(� ��� c�J��� � ��G '
License Number: ������
Address: ZZ' ��� �7�'�� ��S'C� t��'��.
i����l i?����T � Gl�. � ZZloa
Telephone: ��' Z� ' �� �O�
Work to be performed: ���o ����7
Subcontractor's Name:
License Number:
Address:
Teiephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(1 Q) List the name of the person who inspected the site of the proposed work for your
firm
('S 1) A financial statament or other information and references sufficient{y
comprehensive to permit an appraisal of your current financial condition may be
required by the Owner.
Page D-5
Non-Collusion Affidavit
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDEj �
�`� �� , being first duly sworn, deposes and says that
he/she is �� of ��Y� �o�� ��u� �G., the party
making the foregoing 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 soficited any
other bidder to put in a false or sharn 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 af the bidder or any other bidder, or to fix any overhead, profit, or cast efement
of the bid price, or of that of any other bidder, or to secure any advantage against the
pubic body awarding the contra�t of anyone interested in the proposed cantract; 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 thereta, or paid, and will not pay, any fee
to any corporatian, partnership, company, association, organization, bid depository, or
to any mernber or agent thereof to effectuate a collusive or sham bid.
Subscribed and sworn to, before me this �� day of �.Tu-�' c , 20 � S' ,
r
By:
Signature
Title: � �
Contractor �
Attest By:
Notary Public in and for said County and State
Title:
State of Cciiromia, Coi!+'�V ,f � s f,�-,S��/c
OnG�� �/a nefore me, co—/�,�,J ✓/�3�C��
Notary Pub personally appeaed�,�.� e,, c
���� wh9 proved to me on the basls of wtb act evidence t e the peisop�
� , �T ��� whose name,�Islare subscdbed to ihe wltMn,ns1������r�f�nd acknowledped
io me fhat hel,5beltJpy ezecuted fie same in hisl,�CAtpeA authoilted capacll�le3�,
� ��2013 and that by his�aer111�lfsignah�e�s�p�the inshun��ent the person��-or ihe eniily
Page E-°f upon behalf of whlCh the person(�'acted, executed the Insirument.
I certify under PEtlALT�Of PERJURI under the laws af the State ot Calilornia
thai the r�regoing pata�rcpi -ispf ue and corre�t.
IMiNESS my 1;�n���;Gi�iiic�rl seal. _�.----�-- � '
�`�i` �_.
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CITY OF PALM DESERT
CALIFORNIA
ADDENDUM N0. 1
ELDORADO DRIVE MEDIAN LANDSCAPE
HOVLEY LANE EAST TO COUNTRY CLUB DRIVE
Project No. 942-08
Contract No. C28910
ISSUED June 16, 2009
ARK GREENW OD, P.E.
DlRECTOR OF PUB iC WORKS
IMPORTANT NOTE: RECEtPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED
IN CONTRACTOR'S PROPOSAL
Candyl Golf Group, Inc.
79-752 Morris Ave
La Quinta, CA 92253 C�
�
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-�'�; ��' ..�-...:.��.
: �:;.:,�
��, � .��
� -=�---=�- '�
+ � ,
CITY OF PALM DESERT
CALIFORNIA
ADDENDUM N4. 2
ELDORADO DRIVE MEDIAN LANDSCAPE
HOVLEY LANE EAST TO COUNTRY CLUB DRIVE
Projec# No. 942-08
Contract No. C28910
ISSUED June 22, 2009
;
MARK REENWOO , P.E.
DIRECTOR OF PUBLIC ORKS
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL
Candyl Galf Group, Inc.
79-752 Morris Ave ��
La Quinta, CA 92253
760 3417Q98 04:21:13 p.m. 06-24-2009 114
CITY OF PALM DESERT
� CALIFO1tNIA
ADDENDL�M 1�T0. 3
ELDORADO DRIVE MEDIAN LANDSCAPE
H�VLEY LANE EAST TQ C�UNTRY CLUB DRIVE
Project No. 942-08
�Contract No. C28910
� ISSUED June 24, 2009
MAR GREENWOO , .E.
DIRECTOR OF PUBL(C WORKS
tMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL
Candyl Gvlf Group, Inc. _
79-?52 Morris Ave '
La Quinta, CA 92253
760 3417098 01=34:4i
p.m. 06-26-2�09 1 /4
�
CITY OF PALM DESERT
- CALIFORNIA
ADDENDUI�I NO. 4
ELDORADO DRIVE MEQIAN LANDSCAPE
HOVLEY LANE EAST TO COUNTRY CLUB DRIVE
Project Na 942-08
Contract No. C28910
. ISSUED June 26, 2fl09
�
MARK GREENWt�OD, P.E.
DIRECTOR OF PUBLIC WORKS
iMPORTANT NdTE: RECEIPT OF THIS ADDENDUM MUST BE AClCNOWLEDGED
!N CONTRACTOR'S PROPQSAL
Car�dyl �olf Group, Inc. ;
79-752 Morris Ave ��
La Quin#a, CA 92253 �
Contract No. C28910
Agreement
THIS AGREEMENT is made and entered into this 9th day of July, 2009, by and
between City of Palm Desert, California, hereafter called "Owner" and Candvl Golf
Group, Inc., hereinafter called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to Owner its Contractor's Proposal for the construction of
Owner Project,
1. ELDORADO DRIVE MEDIAN LANDSCAPE, HOVLEY LANE EAST TO
COUNTRY CLUB DRIVE PROJECT NO. 942-08, CONTRACT NO. C28910, 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 Plans; (I) Addenda Nos. 4; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten (10) calendar days after the date
of the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1, in accordance with the Contract Documents
and will complete said work within thirty (30) calendar days from the Notice to
Proceed date to the satisfaction of the City Engineer.
Page 1 of 4
Contract No. C28910
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 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.
Page2of4
Contract No. C28910
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 page]
Page 3 of 4
Contract No. C28910
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
Page 4 of 4
Contract No. C28910
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Candvl Golf Group, Inc. (hereinafter designated as the
"Contractor"), an agreement dated Julv 9, 2009 described as follows: ELDORADO
DRIVE MEDIAN LANDSCAPE, HOVLEY LANE EAST TO COUNTRY CLUB DRIVE,
PROJECT NO. 942-08, CONTRACT NO. C28910, (hereinafter referred to as the
"Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and a corporation organized
and existing under the laws of the State of , and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the
California Civil Code, in the sum of Doltars ($ ), 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
PRINCIPAL/Contractor: SURETY:
(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 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)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Contract No. C28910
PerFormance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Candyl Golf Group, Inc., hereinafter designated as the "Principal", a contract
for:
ELDORADO DRIVE MEDIAN LANDSCAPE
HOVLEY LANE EAST TO COUNTRY CLUB DRIVE
PROJECT NO. 942-08
CONTRACT NO. C28910
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
Dollars ($ ), being 100% of the contract amount in lawful money of the
United States of America for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and perFormed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the Owner, its officers and agents, as therein stipulated,
then this obligation shall become null and void; otherwise, it shall be and remain in full
force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the Owner to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
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