HomeMy WebLinkAboutC33360 - Lndscp of Monterey Ave Medians 965-11I I
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Monterey Ave Median Landscape
Country Club - Dick Kelly
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VICINITY MAP
Contract No. C33360
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33360 FOR THE LANDSCAPING OF
MONTEREY AVENUE MEDIANS-COUNTRY CLUB DRIVE TO
DICK KELLY DRIVE TO CONSERVE LANDCARE, INC., OF
THOUSAND PALMS, CALIFORNIA, IN THE AMOUNT OF
$162,600 (PROJECT NO. 965-11)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Conserve Landcare, Inc.
72-265 Manufacturing Road
Thousand Palms, California 92276
DATE: May 22, 2014
CONTENTS: Agreement and Bonds
Contractor's Proposal
Memo dated May 9, 2014, for Negotiated Contract Amendment
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C33360 for the Landscaping of Monterey Avenue
Medians-Country Club Drive to Dick Kelly Drive to Conserve Landcare,
Inc., of Thousand Palms, California, in the amount of $162,600;
2. Authorize the Finance Director to set aside a 10 percent contingency in
the amount of $16,260;
3. Authorize the Finance Director to deposit all reimbursements related to
this contract to Landscape Capital Reserve Fund, Account No. 400-
4614-433-4001; and
4. Authorize the Mayor to execute the same.
Funds are available in Account No. 400-4614-433-4001, Landscape Capital Project
Reserve Funds.
Backqround
On September 12, 2013, City Council approved a Reimbursement Agreement between
the City of Rancho Mirage and the City of Palm Desert for the construction and on-going
Staff Report
Award Contract No. C33360 Monterey Avenue Landscape
May 22, 2014
maintenance of the Monterey Avenue Median Landscape befinreen Country Club Drive
and Dick Keliy Drive.
On March 14, 2014, City Council authorized the City Clerk to advertize and call for bids
for the Landscaping of Monterey Avenue Medians-Country Club Drive to Dick Kelly
Drive. The scope of the base project is to landscape the unimproved area of inedian on
Monterey Avenue from Country Club Drive to Dick Kelly Drive.
On May 1, 2014, the bids were opened and read aloud. The project specification
defined the low bid as the total base bid plus Alternate No. 1. The bid results of the
base bid and Alternate No. 1 are as follows:
Contractor Location/Citv Amount
Conserve Landcare Thousand Palms, California $141,400
Earth Sculptures Palm Desert, California $153,200
Kirkpatrick Landscape Indio, California $170,267
Southern California Landscape Fontana, California $216,490
Kasa Construction, Inc. Chino, California $591,975
The scope of Alternate No. 1 is to remove the accumulated blow sand, and install a
one-inch (1") layer of decomposed granite (DG) in the landscaped median one-half(1/2)
mile south of Gerald Ford Drive to the Palm Desert city iimit.
Alternate No. 2 is the installation of root barrier along portions of the project at the
request of the Coachella Valley Water District (CVWD). CVWD will be reimbursing the
City for the entire cost of this bid alternate, which is $14,200. While not included in the
determination of the low bid, Alternate No. 2 is added to the successful bidder's
Agreement with the City. Even with the addition of Alternate No. 2, the low bid is not
affected.
After bids were received and found to be much lower than the Engineer's Estimate, staff
considered the median area north of Gerald Ford Drive to A Street for rehabilitation.
The landscape originally installed has become inundated with blow sand to the
detriment of the existing plant material. Similar to Alternate No. 1, this contract
amendment will provide for the removal of blow sand and the installation of one-inch
(1") of DG (memo attached for reference). Staff has included this area to provide a
continuous complete landscape on a primary entrance into our city.
Construction Contract Breakdown
Base Construction Contract 130,900
Alternate No. 1 10,500
Alternate No. 2 14,200
Negotiated Contract Amendment 7,000
Total Contract $162,600
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Staff Report
Award Contract No. C33360 Monterey Avenue Landscape
May 22, 2014
Therefore, staff recommends awarding Contract No. C33360 to Conserve Landcare, Inc.
in the amount of $162,600, for the Base Bid, Alternate No. 1, Alternate No. 2, and the
Negotiated Contract Amendment, and to direct all reimbursements for this contract to
replenish the Landscape Capital Reserve Fund, Account No. 400-4614-433-4001.
Fiscal Analvsis
The total contract amount is $162,600. CVWD and the City of Rancho Mirage will
reimburse the City as shown on the table below.
CVWD 100% Alternate No. 2 $14,200.00
Rancho Mira e Onl $32,648.00
Palm Desert Onl $ 6,950.00
Shared Median Rancho Mira e $54,401.00
Shared Median Palm Desert $54,401.00
The on-going maintenance for the new construction area, based upon the current
landscape maintenance contract, will be approximately $3,450.00 per month. This cost
will be shared with Rancho Mirage in accordance the previously approved
Reimbursement Agreement.
Prepared By: Landscape Manager:
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Cora L. Gaugush, H. Spencer ight, Landscape Manager
Capital Improvement Projects Technician .
CITY COUNCIL4�TION
De e t Head: APPROVED DFNiED
RECEIVED OTHER
MEET G DATE rn/ "' /Q�,� _
Mark G wood, P.E. AYES:
Director of ublic Works NOES:
ABSENT:
ABSTAIN:
VERIFIED BY: �
Pa S. Gibson, Director of Finance Original on File with City erk's Office
Approval:
J M. ohlmuth, City Manager
AGREEMENT
THIS AGREEMENT is made and entered into this 22 day of Mav, 2014, by and
between City of Palm Desert, California, hereafter called "CITY" and Conserve
Landcare, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. Landscaping of Monterey Avenue Medians Country Club Drive to Dick Kelly
Drive-Phase I, Project 965-11, Contract No. C33360, in strict accordance with
the Contract Documents identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid 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 Bid; (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. 1; (m) Any Change Orders issued;
(n) 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 45 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY 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.
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 $1,000 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 CITY 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 Bid as accepted by CITY, 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
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 $1,000 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 CITY 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 Bid as accepted by CITY, 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.
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
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:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare 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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
On , 20 , before me, , a
Notary Public, personally appeared ,
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.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
L�V �' �,,.f�+
_J1
C-1- CONTRACTOR'S BID
Landscaping of Monterey Avenue Medians
Country Club Drive to Dick Kelly Drive,-Phase I
PROJECT NO. 965-11
CONTRACT NO. C33360
TO: CITY OF PALM DESERT, "CITY"
�-
DATE: ,,.� ( f
BIDDER: �Q�/(.�`�'�� l�-��/�C t'�i��- uCQNTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of,
Landscaping of Monterey Avenue
Medians Country Club Drive to Dick Keliy Drive-Phase I, Project 965-11, hereby
proposes to construct the work in accordance with the Cdntract Documents, including
Addenda No(s). �_for the amount stated in this Bid.
By submitting this Bid, GONTRACTOR agrees with CITY:
1. That unless withdrawn in person by Ct�NTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the pub(ic opening of bids, this Bid constitutes an irrevocable offer for 60
calendar days after that date.
2. The CITY has the right to reject any or al1 Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shatl be awarded only by the governing body of CITY. Said
contract shaN only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
C�TY shall obtain all necessary signatures of the goveming body, at which time
the contract shall be deemed awarded.
4. To submit to CiTY such information as CITY 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 bands 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 CITY, 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
CfTY 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
Page 1-1
project, attomey expense, additionai engineering and architectural expense and
cost of maintaining or construction altemate facilities occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon,
"Lump Sum", are estimates and the final payment w II be based�uponuthe'actualawork
pertormed, subject to such adjustment and alterations as elsewhere provided herein.
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;
'1 Mobilization �S �
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2 Traffic Control �S � '����• �r�?
3 Glearing and Grubbin ��"��" ��� $�°����' w�
9 � LS 1 $.... � $
4 Finish Grading ���'�.�''��' ����'��'.�`�
LS � � �
� Parkinsonia praecox-24" box � ����"� `�� ����� "��%'
EA 2Q � a
�� �` � $ ..
6 Quercus virginana-24" box `�g` �' r '� ,��'��''�y'��
EA 12
$ .� . $.�.� .,.�
Washingtonia X Hy�rid-as noted on EA ��'�"�� '��� ����'"� �
� plan 23 � $
$ Irrigation System `� �����w�'f�� �"��� ���`����
LS � $ �
g Decomposed Granite �� �'��.��' ��� ���'��'•��:�
SQFT 159,000 � J�
Ninety-Day Plant ` ���'� ��� �"���%'��>���
10 EstablishmentJMaintenance Period LS � $3,000.00 $3,000.00
City of Rancho Mirage �S �
11 Encroachment Permit $4800.00 $4800.00
TOTAL BID PRICE
:BlD � � `��� ���� . ��;�
AL,7ERNATE N+D. 1
Monterey Avenue Median �g �
Rehabilitation -South o#Gerald Ford � �
A-1 Drive to Rancho Mirage City Limit
TOTAL BID PRICE ALTERNATE NO. 1 ����������� ��j���l��"���
$ 4
��� ����,���
Page 2-1
�e.; � �:s � ,,,
, �
, . �.�'� '� ' �i� � � �
Purchase and Instali Root Barrier LS � �
per Addendum No. 1 Plan Sheet(s) $
A-2 PL 2; PL 9; PL 10 ����
A •� ���J���'"��
TOTAL BID PRICE ALTERNATE NO. 2
$ �,�� ���` ��
The costs of any work shown or required in the Plans and Specifications, but nat
specifically identified as a Pay Item are included in the related Pay item(s), and no
additional compensation shaN be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ .� x����` �° �
� ���� ���
TOTAL AM4UNT BASE BtD IN WORDS ;:',A'`,�,�`� ����,,������ ������� ����,�����
�i p��v°� �r��`�����`�� �;��1.��� �
� �.� � �����;�.
TOTAL AMOUNT ALTERNATE BID NO. 1 IN FIGURES $ �y��,� ��d'� ,��
TOTAE. AllripUNT ALT'ERiVA�E Bf� NO. 1 (N WORDS ,' .
�� ����s������ �.:��'��~.
�z�,%���`�/�-��";F ���. �� �� �
< -� � ,�:`��� ,��% �A�"�'�"�'`��
TOTAL AMOUNT BASE BID AND ALTERNATE BID NO. 1
tN FIGURES $ ����� �y�,'��" �`;�,�
rf4TAL AMOUNT BASE BID AND ALTERNATE BID NO. 1
�� .
IN WORDS ��.�.r* �:;��1�"a���.�� " '�; �x
��3-��� t��`��,- �-,�����,;���,�� �:����� �'��dl�p��°1'� ,�C.t,�'�`�
r�,s�"V�:7' .�,�",� �'��'S.�':°f
TOTAL AMOUNT ALTERNATE BiD NO. 2 IN FIGURES $ _,���, ���',��
-----�
TOTAL AMOUNT ALTERNATE BID NO. 21N WORDS f��r�`�;�.� ;,��!�
��� ����
�'��������d.;� t������ ,����� „�.,��r
c��;� �.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
SIGNATURE(S) ON FOLLOWING PAGE
Page 3-1
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
..
w...� ....
By: , ;,�`�,s��-�"'
Signatut`��,., .�,�
,
,
Title: �����-� ���7 ;� r ,, �..
u I�':4 s I"'�:�. "�J���'-�lr I�� �',�.•�r�".���,�
CONTRACTOR + `
State of Galifomia �
)
County of_�;V�,j'S�`r� �
Subscribed and swom to (or affirmed) before me on this day of-�
(month), 2C71`� _(Year), bY � C? 2ct QZ..
, proved to me on the basis of satisfac ory evidence to be the person(s}
who appeared before me.
Signature of Notary �'��-
(Seal of Notary}
�...�.+�++..—�.�
y �;:.,`W::, KELLY L MCFADDEN
- Commissioa#�2032225
�-�'� Notar
Z�,;��_ Y�blic•C�IMorni�
Riverside Coumy
M Comm.Ex ires JW 2,2017
Page 4-1
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Conserve Landcare. Inc. hereinafter designated as the "Principal", a
contract for:
Landscaping of Monterey Avenue Medians
Country Club Drive to Dick Kelly Drive-Phase I
PROJECT NO. 965-11
Contract No. C33360
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 City, in the penal sum of
One Hundred Sixtv Two, Six Hundred Dollars and no/00 ($162,600.00), 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 City, 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.
Shoutd it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Page 1
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this dav of , 20
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
)
County of )
On before me,
personally appeared
, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Page 2
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to (hereinafter designated as
the "CONTRACTOR"), an agreement dated described as follows:
Landscaping of Monterey Avenue Medians
Country Club Drive to Dick Kelly Drive-Phase I
PROJECT NO. 965-11
Contract No.C33360
(hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in cannection with said
Contract, and pursuant to Section 9100 of the Califomia 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 payment notices under Section 9100 of
the California Civil Code, in the sum of One Hundred Sixtv Two, Six Hundred Dollars
and no/00 ($162,600.00)„ 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 amaunts 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 9100 et seq. 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
Page 3
payment 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 fhe 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
PRINCIPAUCONTRACTOR: 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 DepartmenYs 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)
Page 4
Acknowledgment
State of California )
)
County of )
On before me,
personally appeared
, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Page 5
�'"`'�'� CiTY OF PALM DESERT
� �
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
To: John M. Wohimuth
From: Mark Greenwood, P.E.
Date: May 9, 2014
Subject: Monterey Avenue Median Landscape-Country Club Drive to Dick
Kelly Drive (965-11)
A staff report is being prepared for the May 22, City Council meeting, to award the
Monterey Avenue Median Landscape from Country Club Drive to Dick Kelly Drive. The
original scope of work was to landscape the unimproved areas in the medians. This a
joint project with the City of Rancho Mirage, the cost of all jointly owned medians are
shared; Rancho Mirage will pay 100% of all median improvements wholly within Rancho
Mirage.
The contract documents included a bid alternate for the removal of excess blow sand
and installation of decomposed granite (dg) in median approximately one-half(1/2) mile
south of Gerald Ford Drive to the Palm Desert City limit.
The low bid of$141,400 is well below the original Engineer's Estimate of$315,136.
Staff requested a proposal from Conserve Landcare, the low bidder, for blow sand
removal and dg installation, as described in Alternate No. 1, for the median north of
Gerald Ford Drive to A Street. This median has been inundated with blow sand, burying
plant material and covering the dg. This was not included in the contract documents
due to anticipated cost.
Staff is requesting your approval to include this work in the scope af services for the
project at the negotiated price of$7,000. Their proposal is attached for your reference.
This amount is in proportionate to their bid amount for Altemate No. 1, and if your
approval is given, this alternate will be included in the contract agreement taken to City
Council for approval.
� �.
Ap�pro I:
1� � � ��
��;
Mark G e nwood, .E.,`� ' hn M. Wohlmuth, City Manager
Directo o Public Works
/clg
c nserve
L�ndC�re
May 9,2014
City of Palm Desert
Attn: Cora Gaugush
73510 Fred Waring Drive
Palm Desert,CA 92260
Tel. 760-7766450
Fax. 760-341-7098
Em. cgaugush@cityofpalmdesert.org
Proposal for the construction of:
Cleanup and restoration of/andscape medians on Monterey Ave, between Gera/d
Ford Dr. and A Street
Option 1:
Remove exisfing biow sand in the median and from under,or around exrsNng plant material in the medians
on Monterey Avenue befiaeen A Street and Gerald Fad.Blow sand shall be removed down to the existing
decomposed granite,and no furfher.Coniractor wil!evenly re-distribute blow sand within fhe un-planted
median island,to the south. The frnished grade of the soil suface adjacent to,and 24 inches from,the
exisfing inside curb face shaJl be 1.5"inches be%w the top of the existing curb.Provide a 1 inch tayer of
decomposed granite throughout fhe median islands.
ExisHng Dalea greggri with heavy btow sand accumulation to be either removed and replaced wifh new 5g.
Dalea greggii,or sa/vaged with removaJ of blow sand only,af the discretion of Conserve LandCare.
Total»»»> $ 7,000.00
72245 Mar�ufacturing Rd.,Thausand palms,CA 92276 — Tei:7G0-393 t 433 — Fax:lbp-34}0433 — www.tonserveiandCare.com
City of Palm Desert
Cleanup and restoration of landscape medians on Monterey Ave.between Gerald
Ford Dr.and A Street
Exclusions:Unless specifically itemized above.
Watedelectric meters,services and hot taps,power to irrigation controliers,permits,concrete,masonry,rough
grading,import/export of soil,SWPP,erosion control devices,demolition,clearing,grubbing,pest control,
restoration or retrofitting,water costs,lighting,drainage,downspout connections,coring,boring o�saw-cutting,
waterproofing,pottery,site fumiture,fencing,tra�c control and overtime.
Qualifications:
1. Contractor shall hold subcontractor harmiess for damaged utility lines which are not buried ta the depth
specified by the utility companies. In addition,there wili be an extra charge for all drainlines or pipes
required to be placed deeper than shown on the plans.
2. Payment schedule: Progressive monthly payments for all work completed and accepted. Five (5%)
percent retention of contract amount may be held for thirty(30)days from the date of invoice.
3. This bid proposal will be considered a part of the contract if Conserve LandCare is awarded the contract.
It can either be an exhibit to the contract,or its pertinent points may be added to the contract.
4. Prices are valid for woric completed within six(6)months of proposai date.
5. Bid is based on a five-day wor9c week(Monday through Friday),8 hour day maximum. All requested
overtime work to be bilied as extra.
6. Any rock encountered below grade wili be removed on a time and material basis.
7. All costs for obtaining,transporting and utilization of water for construction,hydroseeding or irrigation are
not included.
8. Grade to be received by Conserve LandCare at-.10'of finish grade,and in a weed-free condition unless
noted otherwise.
9. This proposal is based on the entire job being completed in_1 phases. Any additional move-ins
shaii be billed at$1,000.00.each,inciuding additional maintenance moves.
1 Q. Any specimen trees,park fumiture,etc.that wautd require a deposit to initiate a hold order wili require
prompt reimbursement from the owneNclient to Conserve LandCare within seven(7)calendar days.
11. Conserve LandCare wiil agree to participate in an O.C.I.P program.
12. Shouid the terms,conditions,exclusions and qualifications of this proposai be acceptable,please acknowledge
6y signing below on the space provided.
This proposal is valid for thirty(30)days.
Cordially,
� ,�
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Accepted by:
Kevin Rocker Date:
Constructton&Enhancement Manager
cef�:760-250-7639 Lic.958748