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HomeMy WebLinkAboutC39990 Deert Willow (DWGR) Perimeter Landscape Rehab PH1 871-21CONTRACT NO. C39990 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: June 25, 2020 PREPARED BY: Randy Chavez, Landscape Supervisor REQUEST: Award Contract No. C39990 in the amount of $198,565 to Horizon Professional Landscape for the Desert Willow Perimeter Landscape Rehabilitation Phase 1(Project No. 871-21). Recommendation By Minute Motion: 1. Award Contract No. C39990, in the amount of $198,565 to Horizon Professional Landscape for the Desert Willow Perimeter Landscape Rehabilitation Phase 1; 2. Authorize the Director of Finance to set aside a contingency in the amount of $20,000 for unanticipated conditions; 3. Authorize the City Manager or designee to review and approve written requests for the use of contingency, per Palm Desert Municipal Code Section 3.30.170(A); and 4. Authorize the Mayor to execute the Agreement. Funds for this project are available in Account No. 4414195-4809200, Golf Capital. Strateqic Plan Parks and Recreation Priority 3: Make recreational and exercise opportunities pervasive in all public spaces. Backqround Analvsis The landscape material on the perimeter of the Desert Willow Golf Resort has degraded due to age and environmental effects. This includes blow sand coming from undeveloped properties, which has changed the original perimeter grade and buried plant material, cobble, and boulders along Country Club Drive, Portola Avenue and Frank Sinatra Drive. The limits of Phase 1 of the landscape rehabilitation project are on the north side of Country Club Drive from Desert Willow Drive west to the Desert Willow property boundary. This project will consist of removing plant material that cannot be salvaged, protecting specimen plant material, planting new trees, shrubs and accents, utilizing existing inorganic materials, and regrading impacted planters. In addition, twenty-six lighted June 25, 2020 — Staff Report Desert Willow Perimeter Landscape Rehabilitation - Phase I Page2of2 bollards will be installed along the sidewalk to provide ambient lighting in order to encourage pedestrian use of the sidewalk. The project was advertised for bid, and on June 4, 2020, four bids were received electronically through the City's bid management portal with the following results: Contractor � Horizon Professional Landscape, Inc. � Urban Habitat, Inc. � Conserve LandCare, Inc. � Universal Concrete And Engineering Location Coachella, CA. Palm Desert, CA. Thousand Palms, CA Indio, CA. Base Bid Amount $198,565 $273, 727 $347,585 $405,867 Construction is anticipated to begin in summer 2020, and be completed within sixty calendar days. Staff expects minimal disruption to vehicular traffic, however pedestrian traffic will be impacted as the sidewalk will be closed during the duration of the project. Fiscal Analvsis The City Council approved $200,000 for this project in the Fiscal Year 2019-20 budget. The total cost of the project is $238,565. This amount includes this contract, in the amount of $198,565, a contingency in the amount $20,000 and design services under Contract No. A39360 ($20,000) previously approved by the City Manager. There is sufficient funding in Account No. 4414195-4809200, Golf Capital for this project. Ongoing costs include a nominal increase in electricity costs due to the installation of the new lighting. LEGAL REVIEW Approved as to Form tz�bevt ftargreaves TUVYV C�A.YC.i� Robert W. Hargreaves Tom Garcia, P.E. City Attorney Director of Public Works City Manager, Lauri Aylaian: � FINANCIAL REVIEW �A��� /'�. �N�%002G Janet M. Moore Director of Finance CONTRACTOR: Horizon Professional Landscape, Inc. 48727 Charlton Peak Coachella, CA 92236 DEPT. REVIEW ASSISTANT CITY MANAGER .�lndy �'irestine Andy Firestine Assistant City Manager ATTACHMENTS: 1) Contractor's Bid 2) Agreement and Bonds 3) Vicinity Map City af Palm Desert DESERT WILIOW PERIMETER LANOSCAPE REHA8ILITATION PHASE I(20-13), bldding on June 4, 2020 10:00 AM Bid Resuits Bldder Detalis Vendor Nam• HORIZON PROFESSIONAL LANDSCAPE INC Address 48727 Cha�tton Peak CoacheMa , CA 92236 United States Rasponde• RAFAEL MENOOZA R�spond�e Tltle CEO/PRESIDENT Phona 7fi0-333-9371 Ext. Email HORIZON4940(c�MSN.COM V�ndor Typ� CADIR Lice�ae K �99029 CAOIR Bid Detail Bld Fortnat Electronlc Submitted June 4, 2020 9:49:02 AM (Padfic) Oellvery Method Bid Responsive Bld Status Submltled Confirtnatbn k 213163 Ranking 0 Respondee Comment Buye� Comment Attachments Page t Pn�ted 06/04/2Q20 Fil� Tide File Nam� FU� Type BID FORIuSS BIO FORMS DESERT WILLOW REHABILITATION pdf General Attachment Line Itema Typ� Ilun Cod� UOM Qly lJnit P�lc� l.ln� 7oql Comm�nl Ba,e ea 1 Mobilization 1 LS 1 S6.OQ0 00 56.000 00 2 Tra�c Conlrol 2 LS 1 52.000 00 52,000.00 3 Clearing and Grubbing 3 LS i 52,000 W 52,000.00 4 Grading AdJuSMenl 4 l S 1 52.000 00 52.000 UO 5 Native SolUSand Fi�l Grading 5 LS 1 52.000 00 S2.D00.00 City of Palm Desert DESERT WILI.OW PERIMETER IANpSCAPE REHABI�ITATION PHASE !{20-13), bidding on June 4, 2020 10:00 AM Bid Results Typa kam Cod� UOM Otyr tJnit Prlea 6 Caesalpinia pcalaco'Smoothie' 24" box 6 EA 1 S500.00 7 Lysilama microphylla 24" box 7 EA 4 5450.00 8 Brehea armala 24• box B EA 19 5�.�0 9 Ascleplas subulata 5 gallon 9 EA 9B 540.00 10 Dasyllnon acrolriche 5 galbn t0 EA 1s S4o.00 11 Dasylirbn lo�gissimum 5 gallon ' 1 EA 8 S4o.00 f 2 Fouquleria splende�s8' with t10 canes 12 EA 34 590.00 13 Yucca elata 15 Gallon 13 EA 32 5200 00 14 Ferocaclus acanthoides 10' diameler 14 EA 101 SB0.00 t S Yucp pallida 5 galbn 15 EA 82 550.00 18 Bougalnvillea '00•lA•LA' S gallon t 6 EA t 19 575.00 17 Calliandia eriophylla 5 Galbn 17 EA 30 f40.00 18 Cadia parviFolia 5 galla� 18 EA 57 5�0.00 19 Leucophyilum zygophytkm 'Cimarton' 5 gabon t 9 EA 3I 540 00 20 Muhlenbergia capillaris'Regal Misf 5 galbn 20 EA �6 i40.00 27 Ndh�a microcarpa 5 gallon 21 EA 12 540.� Page 2 PrIn1eQ 06/04l2020 Lk� ToWI Commant 5500.00 51,800.00 SZ4,500.00 53,840.00 5640.00 5240 00 53,060.00 f8,400.00 58�980 00 53.100 00 58,925 00 51,52Q 00 52.280.00 51,760 00 5�.8a0 00 5480 00 Ciry of Palm Desert DESERT WILLOW PERIMETER LANDSCAPE REHABILITATION PHASE 1(20-13), bJdding on June 4, 2020 10.00 AM Bid Results Paqe 3 PrinlQd 06/04/2020 Typ� Il�m Cod� UOM Gty Unit P�iu Ltrw Total Commanl 22 Crushed Rock •'Apache Brown' 3` to 6' diameter 22 SF 12000 SZ.TS 53J,000.00 23 Exlsting Crushed mck 3' l012' Remove, dean and reset per plan 23 SF 3�0 51.50 54,500.00 24 Relocate exisdng 1', 2', 3', 4' diameter boulders. Bury 1/3 per pl� 24 LS 1 �/,000.00 yt,000.00 25 Concrete mow curb with fiber mesh 6' wide x 4' deep. Nalural grey cdor 25 LF 45 S20 00 5900.00 26 IrrlgaUon System Retrofit a�d Installatlon 26 LS 1 514,000 00 514,000.00 27 InstallaUon o( NLS - UghUng Bdlards {a apprwed equal) 27 EA Z8 52,200 00 557.200 00 26 Plant EslaWfshmenl and Malntenan�e 9U days 28 LS i 52,400.00 52.100.00 Subcontractors Narn� 3 Addrass D�aeNpUon Suhtotal Total Uum� Num CADR i19S,SE3.00 5190,565.00 Amounl Typa CONTRACT NO. C39990 CONTRACT FOR CONSTRUCTION This Contract for Construction ("Contract"), No. C39990, is made and entered into this 25t'' day of June, 2020, by and between Ciry of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the "City" and Horizon Professional Landscape, sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The work to be done consists of clearing and grubbing plant material, re-establishing grade per the plans, repairing and adding irrigation to new and existing plant material, installing lighting bollards, installing cobble and relocating existing boulders, and maintaining the area during the plant and establishment period indicated in the specifications. Contractor to provide all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project. DESERT WILLOW PERIMTER LANDSCAPE REHABILITATION PHASE I PROJECT NO. 871-21 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety sha11 be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ART{CLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Ninetv-Eiqht Thousand Five Hundred Sixtv-Five and 00/100 Dollars ($198,565.00�. Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIGIUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City's actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the CONTRACT NO. C39990 Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surery. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Standard Plans of the Ciry of Palm Desert, latest edition Standard Plans for Public Works Construction, latest ed+tion Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, CONTRACT NO. C39990 the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] CONTRACT NO. C39990 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF PALM DESERT HORlZON PROFESSIONAL LANDSCAPE � GINA NESTANDE MAYOR ATTEST: � Grace L. Rocha, Acting City Clerk APPROVED AS TO FORM: � (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) Best Best & Krieger LLP City Attorney [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] By: Its: Printed Name: By: �cs: Printed Name: Contractor's License Number and Classification DIR Registration Number END OF CONTRACT CONTRACT NO. C39990 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 inlormation below is not required by law, it may prove valuab/e to persons relying on the document and could prevent fraudu/ent remova/ and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT � Individual _ Corporate Officer Title(s) Partner(s) , Limited i General ;_ Attorney-In-Fact r Trustee(s) I GuardianlConservator ` Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above CONTRACT NO. C39990 BONDFORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, (hereinafter referred to as the "City") has awarded to Horizon Professional Landscape, (hereinafter referred to as the "Contractor") an agreement for Contract No.C39990, (herein after referred to as the "ProjecY'). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated Mav 13, 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 NINETY-EIGHT THOUSAND FIVE HUNDRED SIXTY-FIVE AND 00/100 DOLLARS, ($198.565.00), 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 (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. 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 the 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. 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 CONTRACT NO. C39990 the Contract, law or equiry, 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: i.Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii.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. iii.Permit the City to complete the Project in any manner consistent with California 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 Ciry 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANKJ CONTRACT NO. C39990 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,20_ (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is per thousand. The total amount of premium charges is $ . (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) CONTRACT NO. C39990 Notary Acknowledgment A notary pubiic 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 appeared , Notary Public, personally , 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 hislher/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 lraudulent remova/ and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT -; Individual -� Corporate Officer Title(s) i Partner(s) . 20_, before me, � Limited �, General �. Attorney-In-Fact C Trustee(s) C� Guardian/Conservator -I Other: Signer is representing: Name Of Person(s) Or Entity(ies) 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. CONTRACT NO. C39990 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 C�7:1 appeared , Notary Public, personally , 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 hislher/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 /aw, it may prove va/uable to persons relying on the document and cou/d prevent iraudu/ent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT -� Individual _ Corporate Officer - Partner(s) Title(s) _ Limited _ General �_ Attorney-In-Fact Trustee(s) Guardian/Conservator C Other: Signer is representing: Name Of Person(s) Or Entity(ies) 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. 20_, before me, END OF PERFORMANCE BOND CONTRACT NO. C39990 Pavment Bond (Labor and Materials�. KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the "City"), by action taken or a resolution passed June 25, 2020, has awarded to Horizon Professional Landscape hereinafter designated as the "Principal," a contract for the work described as follows: Contract No.C39990 (the "ProjecY'); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated Mav 13, 2020, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein 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 NINETY- EIGHT THOUSAND FIVE HUNDRED SIXTY-FIVE AND OOh00 Dollars ($198.565.00) 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 Civil Code Section 9100, 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 Revenue and Taxation Code Section 18663, 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 the 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 Civil Code Section 9100 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 or relating CONTRACT NO. C39990 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 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 the 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 Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract 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 Contract, including but not limited to, 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) (Corporate Seal) Contractor/ Principal '-C�'i Title Surery � Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title CONTRACT NO. C39990 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 ,'�7i1 appeared , Notary Public, personally , 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 helshe/they executed the same in his/her/their authorized capaciry(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 /aw, it may prove va/uab/e fo persons re/ying on the document and cou/d prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - Individual - Corporate Officer � Partner(s) Title(s) � Limited � General � Attorney-In-Fact i Trustee(s) � Guardian/Conservator C Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above , 20 , before me, Title or Type of Document Number of Pages NOTE: This acknowledgment is to be completed for Contractor/Principal. CONTRACT NO. C39990 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 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 Though the information below is not required by /aw, it may prove va/uab/e to persons relying on the document and cou/d prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT , who proved to me on the basis of satisfactory OPTIONAL � Individual _ Corporate Officer _ Partner(s) Title(s) Title or Type of Document -� Limited _; General ; Attorney-In-Fact i Trustee(s) � Guardian/Conservator - Other: Signer is representing: Name Of Person(s) Or Entity(ies) 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. END OF PAYMENT BOND COOK STFRANK SINATRA DR PORTOLA AVEPORTOLA AVEPORTOLA AVECOUNTRY CLUB DR COOKSTCOOK STCOOK STFRANK SINATRA DR PORTOLA AVEPORTOLA AVEPORTOLA AVECOUNTRY CLUB DR COOKSTCOOK STDESERT WILLOW PERIMTER LANDSCAPEREHABILITATION PHASE I I VICINITY MAP