HomeMy WebLinkAboutC35683 CA3 Landscape Maintenance Area (LMA) No. 7 - 907-21CONTRACT NO. C35683
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: May 28, 2020
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Approve Contract No. C35683, Amendment No. 3 to Contract No.
C35680 with Kirkpatrick Landscaping Services, Inc., for Landscape
Maintenance Area (LMA) No. 7, in the amount of $111,546, and
authorize repair work and services at the specified contract amount
of $25,000 (Project No. 907-21)
Recommendation
By Minute Motion:
1. Approve a third, one-year extension for Contract No. C35680 with
Kirkpatrick Landscaping Services, Inc., for LMA No. 7 in the amount of
$111,546;
2. Authorize repair work and services at the specified contract amount of
$25,000; and
3. Authorize the City Manager to execute Contract No. C35683,
Amendment No. 3 to Contract No. C35680.
Funds are available in the respective Landscape and Lighting District
accounts.
Strateqic Plan
Parks and Recreation Priority 1 Goal: Maintain the City park system in a high -quality
state.
Backqround Analvsis
On April 13, 2017, the City Council awarded Contract No. C35680 was to Kirkpatrick
Landscaping Services, Inc., for a term of one year with an option for four, one-year
extensions. Two extensions have been executed, the first on May 24, 2018, and the
second on April 25, 2019, which will expire on June 30, 2020. The contract includes the
monthly maintenance services for Landscape and Lighting Districts throughout the City
(See attached map).
May 28, 2020 — Staff Report
Contract No. C35683, Amendment No. 3
Landscaping for LMA 7 (Project No. 907-21)
Page 2 of 2
to Contract No. C35680 with Kirkpatrick
Kirkpatrick Landscaping has agreed to a third, one-year contract extension commencing
July 1, 2020. However, due to the increase of the State's mandated minimum wage and
other related costs, they are requesting an increase of approximately 2.6% or $236.53
per month ($2,838.36 per year) to help offset the additional costs. Staff finds the request
to be reasonable given that outside influences mandated the cost increase. The
increase will raise the contract amount to $9,295.50 per month or $111,546 per year.
Repair work and services cover unforeseen issues/activities that may arise that require
landscape maintenance services. These services are in addition to the general services
specified in the landscape maintenance contract and include items such as the repair
and replacement of irrigation and landscape lighting equipment, emergency tree work,
replacement of trees and shrubs, pest control, accident or vandalism repair,
replacement of damaged signs and other items, water conservation related work,
repairing and replacing site furnishings, and performing enhancement work as needed.
Fiscal Analvsis
The fiscal impact for the Fiscal Year 2020-2021 operating budget is an increase of
$2,838.36 over the Fiscal Year 2019-2020 budget. Staff included this increase in the
Fiscal Year 2020-2021 proposed operating budget.
LEGAL REVIEW
,w-e r gauyw"",
Robert W. Hargreaves
City Attorney
DEPT. REVIEW
Tows. Clarcia
Tom Garcia, P.E.
Director of Public Works
City Manager, Lauri Aylaian: 2Q
FINANCIAL REVIEW ASSISTANT
Janet M. Moore
Director of Finance
CONTRACTOR: Kirkpatrick Landscaping Services, Inc.
43752 Jackson Street
Indio, California 92201
CITY MANAGER
.Andy Firestine
Andy Firestine
Assistant City Manager
ATTACHMENTS: Contract No. C35683, Third Amendment to Contract No. C35860
Payment and Performance Bonds
Contractor's Acceptance Letter
Vicinity Map of LMA No. 7
CONTRACT NO. C35683
THIRD AMENDMENT TO AGREEMENT
WHEREAS, the City of Palm Desert ("City") and Kirkpatrick Landscaping Services,
Inc., ("Contractor"), entered into an agreement, dated April 13, 2017, for Landscape
Maintenance Area No. 7 ("Agreement"), the parties wish to amend the Agreement effective
July 1, 2020.
NOW, THEREFORE, the parties agree as follows:
A. Term is amended to add the following paragraph to the end of the existing section, as
amended.
"The term of this Agreement is extended, and shall include the time period from July 1,
2020, through June 30, 2021."
B. The Amount of the contract will increase by the sum of two thousand eight hundred
thirty-eight and 36/100 dollars ($2,838.36) for a total annual contract price of
$111,546.
C. All other terms and conditions of the Agreement shall remain unchanged, and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the 28th day of May 2020.
CITY OF PALM DESERT
A Municipal Corporation
Lauri Aylaian, City Manager
City of Palm Desert
Attest:
Grace L. Rocha, Acting City Clerk
CITY OF PALM DESERT, CALIFORNIA
Approved as to Form:
Robert W. Hargreaves, ESQ.
City Attorney
KIRKPATRICK LANDSCAPING SERVICES
Contractor
Approved as to Content:
Tom Garcia, P .E.
Director of Public Works
CONTRACT NO. C35683
CONTRACTOR NOTARY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
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)
Contract No. C35682
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken
or a resolution passed May 28, 2020 has awarded to Kirkpatrick Landscaoinq Services, Inc.,
hereinafter designated as the "Principal," a contract for the work described as follows:
Landscape Maintenance Area No. 7 (the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated May 14, 2020 ("Contract Documents"), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of One Hundred Eleven Thousand Five
Hundred Forty -Six and 00/100 Dollars ($111,546.00) lawful money of the United States of
America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
7250000001Q23756141 (Revised 10-29-19)
Contract No. C35682
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 20_
(Corporate Seal)
Contractor/ Principal
(Corporate Seal)
By
Title
Surety
By
Attorney -in -Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
72500 00001\32375614 1 (Revised 10-29-19)
Contract No. C35682
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20_, before me, , 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 of Notary Public
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.
CAPACITY CLAIMED BY SIGNER
G Individual
E Corporate Officer
Title(s)
E Partner(s) 1 Limited
L General
❑ Attorney -In -Fact
11 Trustee(s)
L Guardian/Conservator
L Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal
7250000001\323756141 (Revised 10-29-19)
Contract No. C35682
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On .20 before me, , 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 of Notary Public
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.
CAPACITY CLAIMED BY SIGNER
E. Individual
E] Corporate Officer
Title(s)
Partner(s) Limited
F General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
72500 00001 \32375614. 1 (Revised 10-29-19)
Contract No. C35682
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded
to Kirkpatrick Landscaping Services, Inc., (hereinafter referred to as the "Contractor"), an
agreement for Landscape Maintenance Area No. 7 (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated May 28, 2020, (hereinafter referred to as "Contract
Documents"), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of One Hundred Eleven Thousand Five Hundred Fortv-Six and
00/100 Dollars ($111,546.00), said sum being not less than one hundred percent (100%) of the
total amount of the Contract, for which amount 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 the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety
hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall
limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
725M 00001\32375614 1 (Revised 10-29-19)
Contract No. C35682
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder 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
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
72500 00001\32375614 1 (Revised 10-29-19)
Contract No. C35682
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
, 20__).
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
Title
Surety
Attorney -in -Fact
day of
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate)
The rate of premium on this bond is
charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
Title
per thousand. The total amount of premium
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
72500 00001\32375614.1 (Revised 10-29-19)
Contract No. C35682
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, , 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 of Notary Public
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.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
Partner(s) 0 Limited
General
Attorney -In -Fact
i-. Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE- This acknowledgment is to be completed for Contractor/Principal.
72500.00001\32375614 1 (Revised 10-29-19)
Contract No. C35682
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On 20_, before me, , 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 of Notary Public
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.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
L Attorney -In -Fact
-i Trustee(s)
I, Guardian/Conservator
E Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
72500 00001\32375614 1 (Revised 10-29-19)
Serving the Coachella Valley Since 1968
Contractor Lic# 503360 • DIR# 1000008332
April 21, 2020
Randy Chavez
Landscape Supervisor
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Dear Randy,
We wish to take this opportunity to thank you and the City of Palm Desert for engaging our services over
the past 20 years. Most recently for areas 4 and 7. We highly value our relationship with the City.
At this time, we are compelled to address the minimum wage increase. This is mandated by the State
effective January 1, 2021 of $1.00 per hour.
The increase of an average of 50 cents per hour throughout the entire year (July 1, 2020 — June 30, 2021),
The result is an increase of 2.611% to the annual contract. The total for area 7 shall go from $108,707.63
to $111,546.00 annually ($9,295.50 monthly).
We are estimating 5,676 hours annually for area 7. At 50 cents per hour, the total is $2,828.36 for the
contractual year.
We have also attached a list of extra work items that are also impacted by the mandated increase.
If there is a way the City can help us offset this cost it would be greatly appreciated. It would also afford
us the opportunity to avoid cutting back on labor to cover this additional expense.
Again, it is our goal to continue to be a good value for the City. We feel the intimate business association
we have enjoyed over the past two decades can continue to prove mutually beneficial.
Sincerel
Steve, et a
Enc.
43-752 Jackson Street, Indio, CA. 92201 • Office: 760.347.6926 • Fax: 760.347.4846
k1s0klshic.net • www.kirkpatricklandscaping.com
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