HomeMy WebLinkAboutC34840 - LMA No. 1 - 901-16Contract No. C34840
CITY OF PALM DESERT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C34840 FOR LANDSCAPE
MAINTENANCE AREA NO. 1 TO KIRKPATRICK LANDSCAPING
SERVICES, INC., OF INDIO, CALIFORNIA, IN THE AMOUNT OF
$119,280, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT
OF THE CONTRACT AMOUNT, OR $23,856, FOR EXTRA
REPAIR WORK AND SERVICES (PROJECT NO. 901-16)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Kirkpatrick Landscaping Services, Inc.
43752 Jackson Street
Indio, CA 92201
DATE: May 12, 2016
CONTENTS: Agreement and Bonds
Contractor's Bid
Vicinity Map
Recommendation
By Minute Motion,
1. Award Contract No. C34840 for Landscape Maintenance Area No. 1
(LMA 1) to Kirkpatrick Landscaping Services, Inc., of Indio, California,
for a one (1) year contract in the amount of $119,280;
2. Include extra repair work and services in an amount not to exceed 20
percent of the contract amount, or $23,856; and
3. Authorize the Mayor to execute the contract.
Funds are available in the General Fund Account No. 1104614-4337001,
Repair/Maintenance Medians, and Assessment District Account No. 2764374-4332000,
Haystack Drainage Channel.
Strategic Plan Obiective
This is an on -going landscape maintenance function and contributes to our goal of
providing a uniquely beautiful desert environment in highly visible areas of the City.
Staff Report
Award Contract No. C34840 for LMA 1 to Kirkpatrick Landscaping Services, Inc.
Page 2 of 2
May 12, 2016
Background
The current contract for LMA 1 will expire on June 30, 2016, and there are no
extensions remaining. The contract was put out for bid for an initial term of one year,
with four, one-year extensions at the City's option and based on the contractor's
performance.
The contract was duly advertised for bid, and on April 26, 2016, bids were opened and
read aloud with the following results:
Contractor
Kirkpatrick Landscaping Services, Inc.
Liberty Landscaping, Inc.
Mariposa Landscapes, Inc.
Conserve LandCare
Vintage & Associates, Inc.
Location
Indio, CA
Riverside, CA
Irwindale, CA
Thousand Palms, CA
Bermuda Dunes, CA
Price
$119,280
$145,860
$158,316
$181,860
$188,928
Staff recommends awarding the contract to the low bidder, Kirkpatrick Landscaping
Services, Inc.
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beyond the contract
amount.
Prepared by:
Randy ave , andscape Supervisor
P kGibson, Director of Finance
Approval:
4 sti McCarthy, Interirr
r
Depa
Mark G e wood, P.E.
Directoe of Public Works
AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of May, 2016, by and
between City of Palm Desert, California, hereafter called "CITY" and Kirkpatrick
Landscaping Services, Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. LANDSCAPE MAINTENANCE AREA NO. 1, PROJECT NO. 901-16,
CONTRACT NO. C34840, 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; Q)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) Any Change Orders issued; (1) Any additional or supplemental
specifications, notices, instructions and drawings issued in accordance with the
provisions of the Contract Documents (m) The Determination of Prevailing Wage
Rates for Public Work, (n) Addenda No(s) none. 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. The term of this Agreement shall be from July 1, 2016, through June 30, 2017,
or to such later date as may be agreed in writing between the parties. This
contract allows for an option of four, one-year contract extensions at the City's
option and based on Contractor's performance and mutual agreement.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
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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. City has specific criteria by which to evaluate the performance of
Contractor on a weekly basis. If performance by Contractor is deficient,
City reserves the right to subtract an associated amount from the monthly
billing. Since it is difficult to quantify and assess a value to every aspect of
the work, City may implement liquidated damages of $250 per day per
incident until the deficiency is corrected.
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
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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. 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 the California Public Contract Code.
8. 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 workers' 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: Kirkpatrick Landscaping Services, Inc.
BY:
TITLE:
CITY:
BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
3
CONTRACTOR 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 )
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
4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Kirkpatrick Landscapinq Services, Inc., hereinafter
designated as the "Principal", a contract for:
LANDSCAPE MAINTENANCE AREA NO. 1
PROJECT NO. 901-16
CONTRACT NO. C34840
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, Kirkpatrick Landscapinq Services, Inc.,
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 Nineteen Thousand Two Hundred Eighty and 001100 Dollars
($119,280.00), 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 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
an 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 the 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 a defective materials or faulty workmanship. The
obligations of Surety hereunder shall continue so long as any obligation of the
Contractor remains. Nothing herein shall limit the City's rights or the Contractor or
1
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure Section 337.15.
Whenever the 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:
a. Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
b. 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 the 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.
C. 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 the 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 obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
2
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of 20
SURETY
PRINCIPAL
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
3
SURETY ACKNOWLEDGEMENT
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
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
4
PRINCIPAL ACKNOWLEDGEMENT
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
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
5
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City")
has awarded to Kirkpatrick Landscapinq Services, Inc., (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated May 12, 2016, described as
follows: LANDSCAPE MAINTENANCE AREA NO. 1, PROJECT NO. 901-16,
CONTRACT NO. C34840 (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, Kirkpatrick Landscapinq Services, Inc., the undersigned
CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of
California, as Surety, are held and firmly bound unto the City of Palm Desert and to any
and all persons, companies or corporations entitled to file stop payment notices under
Section 9100 of the California Civil Code, in the sum of One Hundred Nineteen
Thousand Two Hundred Eighty and 00/100 Dollars ($119,280.00), said sum being
not less than one hundred percent (100%) of the total amount payable by the said City
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 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, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, for any work or labor
of any kind, or for bestowing skills or other necessary services thereon, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department or Franchise Tax Board from the wages of employees of said
CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code
Section 18663 with respect to such work and labor the Surety or Sureties hereon 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 attorney's fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 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 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 the original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that the claimant is a person described in the
Civil Code Section 9100, 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, 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
PRINCIPAL/CONTRACTOR:
Kirkpatrick Landscaping Services, Inc.,
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
(Signature must be notarized)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
(Signature must be notarized)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
2
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Surety Agent or Representative for service of
process In California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
SSURETY 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
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
3
PRINCIPAL 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
ME
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
2
C - CONTRACTOR'S BID
LANDSCAPE MAINTENANCE AREA NO. 1
PROJECT NO. 901-16
CONTRACT NO. C34840
TO: CITY OF PALM DESERT, "CITY"
DATE: April 26, 2016
BIDDER: Kirkpatrick Landscaping Services, Inc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of LANDSCAPE MAINTENANCE AREA NO.1,
PROJECT NO. 901-16, CONTRACT NO. C34840, hereby proposes to con trust the
work in accordance with the Contract Documents, including Addenda No(s). for
the amount stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public 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 all Bids and to waive any Irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing 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 cashiees check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 21
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
CITY 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
project, attorney expense, additional engineering and architectural expense and
Page C-1
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
6. It is understood that the quantities shown hereon, except for those quantities
marked "Lump Sum", are estimates and the final payment will be based upon the
actual work performed, subject to such adjustment and alterations as elsewhere
provided herein.
ITEM
NO.
ITEM DESCRIPTION
PRICE (MONTHLY)
TOTAL CONTRACT
1
Highway 111 Medians and Parkway
$
4,987.00
$
59,844.00
2
Palm Desert Community Center at
$
258.00
$
3,096.00
45480 Portola Avenue
3
Palm Desert Historical Fire Station
$
212.00
$
2,544.00
at 72861 El Paseo
4
Highway 74 Medians and Parkway
$
574.00
$
6,888.00
5
Charger Sculpture on Highway 74
$
157.00
$
1,884.00
between El Paseo and Highway 111
6
Portola Avenue Median between
$
157.00
$
1,884.00
Chicory Street and Fairway Drive
7
Mesa View Fire Station, Mesa View
$
543•00
$
6,516.00
Drive west of Portola Avenue
Smoketree Natural Area
$
414.00
$
4,968.00
8
9
Haystack Drainage Channel
$
2,638.00
$
31,656.00
$ 119,280.00
TOTAL BID PRICE
Page C-2
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ 1�1 ,280, 0
TOTAL AMOUNT BASE BID IN WORDS One Hundred Nineteen Thousand Two Hundred
Eighty Dollars and no cents
ADDITIONAL WORK PRICING SCHEDULE
AMOUNTS NOT TO BE INCLUDED IN BASE BID
LABOR
Additional Laborer $ 22'00 per hour
Additional Irrigator $ 42.00 per hour
Additional Foreman $ 28.00 per hour
At City's discretion, additional work may be paid for using the contractual hourly rate for
labor listed above with a 15% mark up on materials or by using the unit pricing listed
below.
PLANT MATERIAL REPLACEMENT
Unless otherwise described, replacement plant material will be whatever is normal and
customary for the City of Palm Desert.
1-Gallon Shrub Installed $ 11'50
5-Gallon Shrub Installed $ 23.50
15-Gallon Tree Installed* $ 116.00
24"-Box Tree Installed* $ 315.00
Note: Anything over 24" box size will be paid at the contractual hourly rate for
labor, and materials at cost plus a 15% mark-up.
*Includes the following: digging of hole, setting of tree, backfilling, watering -in of tree,
staking (if needed), and securing with cinch ties
Page C-3
TURF MAINTENANCE
Mowing: Labor & Equipment $ 4.00 oer 1,000 sq. ft.
Turf Renovation (no seed): Labor & Equipment $ 16.00 per 1,000 sq. ft.
IRRIGATION SYSTEM REPAIR
Non -contractual irrigation repairs will be paid at the hourly rate indicated above and with
a 15% mark-up on materials.
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1: ,-}
By:
C/ signature
Title:
President /
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
Subscribed and sworn to ( r affirmed) beforeTvpj-\
n this �lX� - day of
onth (m), _rV 0 (year), by
proved to me on the basis of satisfactory evidence to be the person(
who appeared before me. --�
A. PAkgWH
NOTARY PUBLIC 9 CALIFOIMM
Signature of Nota , h, comWoE*W MAY I I MY
Page C-4
D - INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. Additional information may be required of the successful bidder.
(1) Company Name Kirkpatrick Landscaping Services, Inc.
(2) Address 43-752 Jackson Street Indio, CA 92201
(3) Telephone No. 760-347-6926
(4) Type of Firm (Individual, Partnership or Corporation) Corporation
(5) Corporation organized under the laws of the State of California
(6) Contractor's License No. 503360 Exp. Date 12/31/2016
(7) Department of Industrial Relations Contractor Registration number: 1000008332
(8) Email Address of Contractor's DIR Contact shannonkls@outlook.com
(9) Have you or any listed sub -contractor been debarred: Yes ❑ No 3 If yes,
provide additional information on a separate sheet.
(10) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation: (Use separate sheet if necessary)
Steve Kirkpatrick, President 43-752 Jackson Street
Debra Kirkpatrick, Secetary
Indio, CA 92201
(11) Number of years' experience as a Contractor in maintenance work 48
(12) List at least three similar projects (on -going or recently completed):
Contract Amount Class of Work Date Completed
1. 561,600.00 Landscape and Ongoing
Lighting District
2,259,000.00
3, 240,000.00
Housing Authority Ongoing
Landscape Ongoing
Maintenance
Page D-1
Name, Address &
Telephone No, of Owner
City of La Quinta
78-495 Calle Tampico
760-777-7052
City of Rancho Mirage
69-825 Highway 111
760-324-4511
Palm Springs Cemetery
31-705 Da Vall Drive
760-328-3316
(11) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the
following list gives the name, business address, the DIR Public Works Contractor
Registration number, portion of work (description of work to be done) for each
subcontractor that will be used in the work if the bidder is awarded the Contract,
(Additional supporting data may be attached to this page. Each page shall be
sequentially numbered, and headed "Proposed Contractors" and shall be
signed.) The Bidder shall list all subcontractors who will perform work or labor or
render service to the prime contractor in excess of one-half of one percent of the
prime's bid. Notwithstanding the foregoing, if the work involves the construction
of streets and highways, then the Bidder shall list each subcontractor who will
perform work or labor or render service to the Bidder in or about the work In an
amount in excess of one-half of one percent or $10,000, whichever is greater.
Failure to include the subcontractor's DIR registration number may result
in the bid being reiected as non -responsive.
Subcontractor's Name: None
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
Work Description: Percent of Work:
(12) List the name of the person who inspected the site of the proposed work for your
firm Isaac Kirkpatrick
(13) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(14) Contractor hereby swears under penalty of perjury that this information provided
Is true an ect.
By: Title: President
Signature Contractor
Page D-2
E - PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and
subcontractors that wish to bid on, be listed in a bid proposal or enter into a contract to
perform public work must be registered with the Department of Industrial Relations.
See httD://www.dir.ca.aov/Public-Works.htmi for additional information.
No bid will be accepted nor anv contract entered into without proof of the Contractor's
and Subcontractor's current registration with the Department of Industrial Relations to
perform public work.
Bidder herebv certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently reaistered as a contractor with the
Department of Industrial Relations.
NAME OF BIDDER: Kirkpatrick landscaping Services, Inc.
DIR REGISTRATION NUMBER: 1000008332
DIR REGISTRATION NUMBER EXPIRATION DATE: 06/30/2016
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
shannonkls@ouVook.com
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the
project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and
1771.1 in its contract with any and all subcontractors and ensure that all
subcontractors are registered at the time of the bid opening and maintain
registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements
may result in the bid being deemed non -responsive.
4. Within five days of award, Contractor will provide to the City all Labor
Classifications that will be employed during the project, sorted by
Contractor or subcontractor.
Name of Firm: Kirkpatrick L ndscaping S Inc.
/
Signature;
Printed Name: Steven KlKjprick
Title: President Dated: April 26, 2016
Page E-1
F - NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the President of Kirkpatrick Landscaping Services, Inc. the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on
April 26 1 6 Indio
20�, at CA
city state
CONTRACTOR
B
y Sign
Title. President
Page F-2
G — BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Kirkpatrick Landscapin4 Services. Inc. as principal,
and Philadelphia Indemnity Insurance Comoanv as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $' enPNTRIN of (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden principal to perform certain work described as follows:
LANDSCAPE MAINTENANCE AREA NO. 1
Project No. 901-16
Contract No. C34840
The general items of work to be done hereunder consist of: performing regular
landscape maintenance tasks as outlined In the specifications which include, however
are not limited to, mowing, seeding, weeding, raking, pruning and replacing plant
material, trash removal, plant litter removal, powering washing, hardscape and
playground cleaning, removal of pet waste, removing and replacing trash receptacle
liners, etc. and dated April 26. 2016 Is accepted by the City of Palm Desert,
and If the above bounden principal Kir ppa rik Landscaping ySg iry ces, Inc shall
duly enter into and execute a contract for such construction, and shall execute and
deliver the Performance Bond and Payment Bond and insurance certificates as required
by said contract, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Should 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 attomey's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 22nd day
of April 2016 .
Contractor's Name: Kirkpatrick Lands ir�9,%--/1+ri1CeS, in
Contractor's Signature:
(Signature to be notarized)
Title:
Address: 43752 N. Jackson, Indio, CA 92202
Telephone: 760-347-6926
Page G-1
Surety's Name: Philadelohia Indemnitv Insurance Comoanv
Surety's Signature: _-X8
(Signature to be notarized)
Title: Laurie B. Druck, Attorney -in -Fact
Address: 251 S. Lake Ave., Suite 360, Pasadena, CA 91101
Telephone: F;?F-s-A4-i�iqi
Page G-2
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 San Bernardino
On I j i before me, 0-Jo1_h,4._ !)*Al Ce) �t_ Notary Public
Name and Tide of officer (c g 'Ja't Doe. Notary Fuh :-'i
personally appeared Lfit,�l r I f , I� l es )(! ) C_
Names) o, S gner(s;
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
TABITHA DAVENPORT
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
Commission #► 202050T
acted, executed the instrument.
Notary Public - California
yr San Bernardino County
My Comm Explrft Mal 16.20171
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 offi ' eal.
S grratu*e o Nolery
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Cl Individual
O Corporate Officer
Title
O Partner -- O Limited 0 General
0 Attorney -in -Fact
O Trustee
C] Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
Top of lhumb here
2382
PAILADELPHIA INDEMNITY INSURANCE COMPANY
231 St Asapli s Rd, Suite lei)
Bala Cynwyd PA 19004.0950
Puw or of At Carney
KNOW ALL PERSONS BY THESE PRESENTS That PIIILADELPIIIA INDEMNITY INSVILk\CE COMPANY (thc Company), a corporation organized and
existing under the laws of the Cammom+ealih of Pennsylvania, dues hereby constitute and appoint JAY P FREEMAN. PAMELA MCCARTIIY, CYNTIIIA J
YOUNG AND LAURIE D DRUCK OF ALLIANT INSURANCE. SERVICES. INC, its true and lawful Altariiry•m•fact with full authority to execute on its beha:f
bonds, undertakings, rccognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the
Company thereby, in an amount not to exceed 525,000,000.00
This Power of Altomey is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPI IlA INDCMNTIY INSURANCE COMPANY at a meeting duly called the I" day of July, 20t l
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to (1) Appoint Attorney(s) in Fact and authorize the Atlomcy(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto, and (2) to remove at any time, any such Altomcym-Fact and revoke the
authority gi+en And be it
F•URTI I F R
RESOLVED: That the signatures of such aflicers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile scat shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking in which it is attached
IN TESTIMONY wl IERLOr, PIIILADELPIIIA INDEMNITY INSURANCE COMPANY IIAS CAUSI,-D THIS INSTRUMENT TO BE SIGNED AND
I S COI(PURATE SEALTO BE AFFIXED BY ITS AU1110RIZED OFFICE'I111S 10' ' DAY OF JUNE 2013
(Sc 1), "
Robcn D O'Leary Jr , President 8 CCO
Philadelphia Indemnity Insurance Company
On this Iv" day of June 2013. before me came the individual who executed the preceding instrument to me personally known, and being by me duly swam said that he
is the therein describcrl and authorized officer of the PHILADELPIILA INDEMNITY INSURANCE COMPANY, that the seal affixed to said instrument is the
Corporate seal of said Company. Thal the said Corporate Seal and his signature were duly affixed
0g�ranv�vu
io in ;& i. +t ruaetti pm
rt.P. i
u. aw
naaiai.rar
(Notary Seal)
Notary Public 69a
residing at Bala Cvn+wd. PA
My commission expires December 18.2016
I. L•ds+ard Sayago, Corporate Secretary of PIIII.ADI_LPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 10' day of June 2013 true and correct and arc still to full face and effect 1 do further certify that
Robert D O'Leary Jr.. who executed the Power of Atiorncy as President, was on the date ofexecution of the attached Power of Atimney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have wbxribed my name and affixed the facsimile seal ofcach Company thiAr:201 6b day of2016
t Edward Sayago, Corporate Secretary
`• ,,. PIIILADELPIIIA INDEMNITY INSURANCE COMPAN1'
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF 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 tnithf siness, accuracy, or validity of that document.
State of California
Countyof
On �2�4_2_DM before me.
personally appeared
N
(I fete iruert name and true of the officer)
, Notary Public
who proved to me on the basis of satisfactory evidenc to be the personlfo whose name` offe.subscribed to
(lie within instrument and acknowledged to me that�y executed the same i �i hoF;s air authorized
capacily(i@,P :and that h- r fi*i'f signalura44 on the instrument the person(g), or the entity upon behalf of
which the person(s).acted, executed the instrument.
I certify under PENALTY Oh PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
SS mA.PALLESCy and and official sea].
�g
$ NUT RNA C CALIFORNIA
\iltnalurc it Nmury Pufil c (Notary Seal) �dtrlifflOn w�i 11 T017
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF TI IE ATTACHED DOCUMENT
( I idc or descripuun of attmhed documenl)
I'I dlc tar descnptmn o(attached document cummu d)
Number of Pages A Document Date ZAP
fAddiuonal infumeaaon)
CAPACITY CLAIMED BY THE SIGNER
O Individual (s)
O Corpornle Officer
critic)
❑ Pariner(s)
❑ Attorney -in -Fact
❑ Trusiee(s)
O Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any ocAnuen•ledgarent caenpketal in California Inial cunturit rer•blage exactkt as
upp-ors uhave tar the nano}' secit(m tar a sepuitrrr aikntlticr/gitrenr frmn auat he
prrperlj• cmnpleted tend tinached to dua document. The turn, excerpotin is if a
rforitinent A la he tw n kil outslde of Calstooda In siKh bnrlam es rill aliernative
'"nanledgnrent verbiage (u nnur he printed at such a ilvetinrent su lar}l as the
Verbiage loci title requae the notwy to do .runtethinF then a illegal feir a notuq in
Ceilefoinhn /i e rerNf)erg fire nudnui_ed rulxicity of the signer) Plenum check the
(hKunrerrt s (jrefjfkr fire laetper nraavid! u'ivihng an✓ uteach dos firtni rf required
• %late and County ut(i>mnalnxr must he the Stale and Cowty where the document
signers) personally appeared before the notary public for acknusylcdgreicnt
• Date of notarizairon must be the date slut the signer(s) persona!ly appeared vehicle
must also be the same 61c die acknowkdgeient is comp:eled
• llsc notary public must print lies or her aline as it appears within lets or her
commission followed by a comma and then )our ti(:c (mrrary puhhc).
• Ptint the riamets) of document sigieerts) %%hit fecisona•ly appear at the time or
notarization
• indicate the correct singular or plural forms by crossing off incorrect forms (e e
itdshdthey- is hie ) or circling the correct forms Failure to correctly indicate this
information may Icad to rejection of document recording.
• The notary seat impression must he clear and photographically rcproducthlc
Impression must not cover nett or lines if seal impression smudges, re -seat if a
sufficient area permits, othxns'ise complete a d:ffcreot acknoWedgmerel form
• Signalum of the notary public must match tie signature on role svih the office of
the county clerk
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate ink or type of attached document, number of pages and date
<• indicate the capacity claimed by the signer Ir the claimed capacity is a
corporate officer, indicate the title (i e. CEO, CFO, Secretary)
• Securely attach this document to the signet) document
_ � -
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