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Home My WebLink AboutC29550 - LMA17 (917-10) Contract No. C29550 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C29550 FOR LANDSCAPE MAINTENANCE AREA NO. 17 TO KIRKPATRICK LANDSCAPING SERVICES, INC., OF INDIO, CALIFORNIA, IN THE AMOUNT OF $138,696, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT, NOT TO EXCEED 20% OF CONTRACT AMOUNT OR $27,739 (PROJECT NO. 917-10) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Kirkpatrick Landscaping Services, Inc. 43-752 N. Jackson Street Indio, CA 92201 DATE: May 27, 2010 CONTENTS: Proposal Agreement Payment Bond PerFormance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C29550 for Landscape Maintenance Area No. 17 to Kirkpatrick Landscaping Services, Inc., of Indio, California, in the amount of$138,696; 2. Include repair work and services at the specified contract amount, not to exceed 20% of contract amount or $27,739; and 3. Authorize the Mayor to execute the contract. Funds are available in the General Fund Account No. 110-4610-453-3320, Repair/Maintenance Landscaping Service and Account No. 110-4611-453-3320, Repair/Maintenance Landscaping Service. Contract No. C29550 Staff Report Award Landscape Maintenance Area No. 17 May 27, 2010 Page 2 of 3 Backaround On April 21, 2010, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 17. Bids were opened and read aloud on Friday, May 7, 2010, at 3:30 p.m. with the following results: Contractor Location Price 1 Kirkpatrick Landscaping Services Indio, CA $138,696 2 Vintage Associates, Inc. Bermuda Dunes, CA $156,000 3 Merchants Landscape Services Palm Springs, CA $204,000 4 Hort Tech, Inc. Bermuda Dunes, CA $259,000 5 Sierra Landscape Co., Inc. Palm Desert, CA $261,180 Staff reviewed the bid documents of the lowest bidder, Kirkpatrick Landscaping Services, Inc., and determined that all bid requirements have been met. Kirkpatrick Landscaping Services has successfully worked for the City in past years. Repair work and services covers unquantifiable activities necessary for landscape maintenance, which are not part of the landscape maintenance contract. This repair work and services includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance and replacement of lighting equipment; emergency tree work; replacement of trees and shrubs; pest control; repair and maintenance of playgrounds; athletic, repair and maintenance of sports and recreation turf; fertilizer and soil amendment supplies; and accident and vandalism repair and replacement. Therefore, staff recommends that, by Minute Motion, City Council award Contract No. C29550 for Landscape Maintenance Area No. 17 to Kirkpatrick Landscaping Services, Inc., of Indio, California, in the amount of $138,696, include repair work and services at the specified contract amount, not to exceed 20% of contract amount or $27,739, and authorize the Mayor to execute the agreement. G:IPubWorkslStaff Reports120�01May 27N4 Award Contract to Kirkpahick P917-101Award C29550 to Kirkpatrick P917-10.doc Contract No. C29550 Staff Report Award Landscape Maintenance Area No. 17 May 27, 2010 Page 3 of 3 Fiscal Analysis This is an on-going maintenance activity with no fiscal impact beyond the contract amount. Prepar.ed Departme . H. e cer ght Mark Green ood, P.E. Lan sc pe M�nager Director of Public Works CiTY COUNCIL ACT,�N Paul S. Gibson, Finance Director APPROVF.D ✓ DENtF.D____,_ � RCCEIVED OTHER Appr val: MEETI G DAT - ' — � C> AYES: ` � ! NOES: ' � ' , BSENT: ' ABSTAIN: � o n M. Wohl th, City Manager VERIFIED BY: I �' �riginal on File with City C 's Office /bg GIPubWorkslStalf Reports120101May 2T14 Award Contract to Ki�kpatrick P917-lOVlward C29550 to Kirkpatrick P917-10.doc LANDSCAPE MAINTENANCE AREA N0. 17 CONTRACT NO. C295S0, PROJECT NO,917•10 CONTRACTOR'S PROPOSAL TQTAL BID AMOUNT AND ATTESTATION OF BiDDER TO: ClTY CLERK City of Palm Desert 73510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that helshe has careftaily examined the Bid TeRns and Conditions, the Generai Terms and Conditions, and the Speci�ic Terms and Conditions accompanying the Invitation to Bid; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Paim Desert. It is understood that the price shown hereon inciudes all routine a� seasonai maintenance described in the specifications. For each item, the averaged one-month maintenance cost shall be indicated and the total of these costs shaii be extended for the term of the contract. The costs of any work shown or required in the Specifications, but not spec�cally identified as a Pay Item are inciuded in the Pay Items, and no additional compensatfon shail be due Corrtractor by virtue of Contractor's compliance with the Speci�cations. TOTAL ANNUAL AMDUNT BASE BID IN FlGURES $ 13s,696.o0 TOTAL ANNUAL AMOUNT BASE BiD IN WORDS One Hundred Thirty-Eight Thousand, Six Hundred Ninety-Six Dollars Kirkpatrick Landscaping Services, Inc Com�any 43-752 North Jackson Street, Indio, CA 92201 Address (760 ) 347-6926 ( 760 ) 342-4036 Teiephone Fax �� '" Steven J. Kirkpatrick, President Bid Prepared Qy Title ��,....��,, �.�---_, ��.. r _,.._._----? �� j ' ,i � _ % /c�a Signature - Date CONTRACTOR'S PROPOSAL CONT/NUED ON NEXT PAGE Page 8 LANDSCAPE MAINTENANCE AREA NO. 17 CONTRACT NO. CZ9550, PROJECT NO.91 T-10 CONTRACTOR'S PROPOSAL CONTRACTOR'S PROPOSAL BY BID LOCATION ITEAA DESCRIPTION PRICE PRICE MONTHL ANNUALL 1. Civic Center Park and Civic Center-Parkview $ 9,5ss.oo $ 114,696.oo � Office Complex 2. Magnesia Falls City Park $ 2,000.oo $ 24,000.oo ` TOTAL(must match totai on previous page� � 11,558.004 � 138,696.00 �� Page 9 LANDSCAPE MAINTENANCE AREA N0. 17 CONTRACT NO. C293S0, PROJECT NO.91T-10 CONTRACTOR'S PROPOSAL EXTRA WORK PRICING 3CHEDULE LABOR Additlonal Laborer $ 18.00 oer hour Additional Irrigator � 40.00 �r hour Additional Supervisor $ 35.0o pe�hour tRRit3AT{ON PARTS wili be pald at a 15°,6 maric-up. PLANT MATERIAL REPLACEMENT Unless otherwise described, replaoement plant mate�ial wili be whatever is normal and customary for the City of Paim Desert. 1-Gallon Shrub Installed $ 8.00 5-Gallon Shrub Instailed $ 18.00 15-Gailon Shrub Installed $ 80.00 95-Gallon Tree lnstalied* $ 130.o0 24"-Box Tree Installed'` $ 320.00 30"-Box Tree InstaNed* � 575.00 36"-Box Tree Installed• � 615.00 Note:AnythinA ovoer 36" box aize will be paid at the�ai houriy rate fo�Iabor,and mate�ials at cwst plus a 1596 mark up. "Includes the foliowing: digging of hole� setting of t�, backflUing,watering-in of tree, staking (If needed), and securing with cinch�es TURF MAINTENANCE . Aeration� Mechanical core Labo�&Equfpment $ 16.00 oer 1,000 sq ft Aeration, Deep�me Labcr�Equipment $ 16.00 �er 1,p�sq ft Hyb►id Bermuda(sod only�, installed � i.00 per sq ft Overseeding (seed application oniy): Labor 8 Equipment $ 3.00 per 1,000 sq ft Mowing: Labor S Equipment $ 4.o0 J�er 1.000 sq ft At City's discredon, additional woric may be paid for using the cor�tractual hourly rate for labor, and materials at cAst plus a 1596 mark-up. Page 10 LANDSCAPE MAtNTENANCE AREA N0. 17 CONTRACT NO, C29350, PROJECT NO. 917•10 CONTRACTOR'S PROPOSAL PROPOSED MAINTENANCE EQUlPMENT Contractor must list the equipment being proposed for use at each location. Equfprr�ent must be availabte for inspectlon prior bo award of contract AREA MOtNERS POWER EQUIPMENT OTHER EQUIPAAENT SMALL 1. CIVIC CENTER PARK Jacobsen 1900 Power washer Backpack sprayers AND CIVIC CENTER- Kubota 3810 Leaf blowers 100-gal. spray rig PARKVIEW OFFICE ExMark laser & Edgers Spreaders C�P�'� walk-behinds String trimmers Hand tools Trimmers 2. MAGNESIAFALLS Jacobsen 1900 Power washer Backpack sprayers CITY PARK Kubota 3810 Leaf blowers lU0-gal. spray rig ExMark laser & Edgers Spreaders walk-behinds String trimmers Hand tools Trimmers Page 11 LANDSCAPE MAtNTENANCE AREA N0. 17 CONTRACT NO. CZ9350, PROJECT NO. 917-10 CONTRACTOR'S PROP4SAL WORK EXPERIENCE AND TECHNICAI ABILITIf OF THE BIDDER This project is located in a desert with extreme envirvnmerrtal conditions. Desert plant material is therefore very specialized in natura. in addition, the City of Palm Desert has adopted naturalistic pruning methods that must be followed by its landscape mairrtenance contractors. To be considered qual�ed to perform this contract, contractors must have adequate experience performing a wide range of landscape maintenance activities that include the care of desert and desert-adapted plant materials. Such leveis of experience and skili are typically gained by performing landscape maintenance for a public agency, for 3 of#he iast 5 ye�rs, and performed in areas adJacent to stre�s and parkways. The bidder is required to state all work of a similar character to that included in the proposed contract that he has pertormed in the last three years. in the space below, provide references with a contact person, address, and phone number for ve�ification of said work. Bidders may attach additionai pages to provide the informativn requfred by this portion of the proposai, if necessary, REFERENCES Contract Comptetion Amount Cfass of Work Date CoMact Person 1 $ 790,000. landscape and 06/30/09 James Lindsey �,�,� lighting districts City of La Quinta &,��,,,8 78495 Calle Tampico q�,� 760/777-7052 �,o„� 2 $ 468,000. landscape and 04/24/09 Tim Wassil N� lighting districts City of Indian Well�u�� 44950 Eldorado Dr, nddrss 760/989-1779 �,,,,� 3 $ 72,000. landscape and ongoing Scot Wittig N� lighting districts Desert Hot SprinQs eusroessName 65950 Pierson Blvd �� 760/250-1530 r� Page 12 LANDSCAPE MAINTENANCE AREA N0. 17 CONTRACT NO. C29550, PROJECT NO.91 T-10 CONTRACTOR'S PROPOSAL FINANCIAL STANDING OF THE BIDDER The City Council of the City of Palm Desert reserves the right to reject bids from flrms that do not demonstrate adequate financial stand'+ng to execute the tenr�s of the contract. Due to the tocation, size%xtent and maintenance requirements of the maintenance area. bidder is required to state how it will provide the necessary maintenance and senric:es in the specffications. State the estimated manpower your campany wlii use each week to fulflii the contract. Include superviston, frrigatlon and general labor sub- categories. Total Hours Per Week - 160 General labor - 136 hrs/week (Includes onsite foreman.) Irrigation - 14 hrs/week Supervision - 10 hrs/week A flnanciai statemerrt or other iriformation and referenc�s sufficierrtty comprehensi�ne to �rmit an appraisal of your curnent financial condi�on may also be required by CITY. Page 13 LANDSCAPE MAlNTENANCE AREA N0. 17 C�NTRACT NO. CZ9550, PROJECT NO. 917-10 CONTRACTOR'S PROPOSAL BIDDER INFORMATION The bidder is required to supply the foilowing ir�fortnation.Additionai sheets may be attached if necessary. (1� PhysicalAddress 43-752 N. Jackson St. , Indio, CA 92201 (2) Mailitlg Address same (3) Telephone No._ �60�347-6926 (4) Type of Flrm(Indlvidual, Pa�^ttlership or Corporatiotl) Cor�oration (5) Corporation organized under the laws of the State of Calif ornia (6) Contractor's License No. 503360 Ex�1, D8t@ 12/31/2010 (7) List the names and addresses of ali OWNERs of the flrm or names and titles of all officers of the cor�oration: Steven J. Kirkpatrick, President Debra C. Kirkpatrick, Secretary (8) Number of years experienc:e as a Contractor 42 (9) Number of years experience with municipal landscape mairitenarx;e contracts 3 2 (10) I.S.A. Certifled Arborist Number WE-2289A Exp. Date 12/31/2010 (11) Number of ISA Certffied Tree Warkers yrith the organiza�on o (12} LocalOffice Address: 43-752 N Jackson St Indio CA 92201 Phone: L760 ) 347-6926 (13) Emergency Contact Person Name: Max Re es Phone: 760/250-1657 Page 14 (14) List the names and addresses of each suboontractor who will perForm work related to this contract and indicate what portion of the w�ork wiii be done by each subrorrtractor. (If more than one subcontrador, piease check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontracior Llst on Separate Sheet �-- Suboontractor's Name: No subcontractors would be used. License Number. Address: Telephone: Work to be performed: (15) List the name of the person who inspected the site of the proposed work for your fITP1 _ Isaac J. Kirkpatrick (16) This bid was prepared by: Name(print) Steven J. Kirk atrick Signature -j� � ' � �� Telephone 760/3 7-6927 (17) Cor�tact person: Name(print) Steven J. Kirknatrick Telephone 760/347-6926 Coritractor hereby swears under penai#�/of perjury that the information provided is true and oorrect. i`' -'�`� ' ` r B� � �� -'`� ��1@: President S i'6 CO�C'[O� � Page 15 LANDSCAPE MAINTENANCE AREA N0. 17 CONTRACT NO.C29350� PROJECT NO.91T-10 CONTRACTOR'S PROPOSAL AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) __Steven J. Kirkpatrick ,being first duly sworn,deposes and says that helshe is of Kirkpatrick Landscapin� �e party msking the foregoing bid;that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, campany, association, organization, or corporation; that the bid is genuine and neither collusive nor sham; that the bidder has not directiy or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded,conspired, conniv�,ar agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agree�nent, communication, or confereace with anyone to fix the bid grice of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,or af that of any other bidder,or to secure any advantage against the public bady awarding the contract of anyone interested in the pm�sed contract; ihat a11 statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or diwlged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate lusive or sham bid B . ��'r''"--' y' � i President �ture( n�ractor) Title(Contractor) � Jarat CertiBcate State of California ) ) County of ) Subscxibed and sworn to(or ai�rmod)before me on this��- da of (month)� �� (Y�')�bY J• �� proved to me on the basis of satisfadory evidence to be the perso wha appeared beforc me. Sigiature of ATotary ' (Seal of Notary) �' ;;: M.STOJaNOVIC "� Page 16 � �,y;;s� � COMM.#9791517 � a °�r NOTARY PUBUC�CALIFORNIA� '� RNERSIDE COUNTY � Commission Expires FE8.18,2012 LANDSC14PE MAINTENANCE AREA N0. 17 CONTRACT NO. C29550, PROJECT NO. 917-10 CONTRACTOR'S PROPOSAL DOCUMENTS AGREEMENT This AGREEMENT is made and entered irrto this day of 20 , by and beiween City of Paim Desert, Caiifomia� heneafter calleci "Owner" "Cj�'p�°A9gnY' a11� Kirkpatrick Landsca ing Services,Znc. ��inafter Ca1�8C1 "Contractor.° WITNESSETH: WHEREAS, on , Ciiy invited bids for landscape maintenance services for City-maEntained properties known as Landscape Maintenance Area No. 17 per specifications; and WHEREAS, pursuant to sa�! invitation, Contractor subm�ted a proposai, which was accepted by City for said services. NOW, THEREFORE, in consideratiun of their mutual promises, obiigations, and cavenants hereinafter contained,the parties hereto agree as follows: TERM• The term of#his Agreement shall be from July 1, 2010, through June 30, 2011, or to such later date as may be agreed in writing between parties. This contract allows for an option of two one-year contract extensions based on Contrac#o�s perfonnance and mutual agreement. CITY'S OBUGATtON3. For fumishing services, as specified in this Agreement, City p g wr1ill pay and Contrac�or�hall receive in full compensaticn,therefore the total sum Six HundYP� �;�nr �=��t T ousand, �$� 138,696.00 8S S@t fOrth 111 th@ COfttl'8Ct Documents and adopted by City. CONTRACTOR'S OBLIGATtON For, and in vonsideration of the payments and agreements hereinbef�re mentioned to be made and performed by City, Contractor agrees with City to fumish the servkss and to do everything required by this Agreement and the Specific Tertns and Condi�ons. HOLD HARMLESS AND INDEI�N�F�canoN_ �ntractor agrees to defend, indemnify, and hold hartniess City of Palm Desert, its offic�als, officers, employees, represerrtatives, and agents from and agafnst ali claims lawsuits, liabili�es or damage.s of whatsoever na#ure arising out of our connedion with, or rela�ng i� a�y manner to, any act or omission of Contractor, his agerritss� empbyees, a�nd subcontractors and empbyees thereof in connectlon with, the perFom�ance or non- perfortnance of this Agreement. The Contractor shali thoroug�tly tnvestigate any and ali daims and indemnify City and do whatever is necessary to protect City of Palm Desert, its offldal, offioers, employees� agents, and representatives as to any such claims, lawsuits, liabilities or damages. Page 17 AMENDMENTSs Any amendmerrt, modffication, or va�iation from the tenns of this Agreement shall be in writing, signed by the Corrtractor and approved by the City Council of the City. TERMINATION. If, durir�the#erm of this Agreement. City determines that Corrtrector is not faithfuliy abiding by any term or oonditlon contained herein, City may notify Contractor in wwritting of s�h defect or failure to perForm; which notice must give Contractor a three-day notice of time thereafter in which to perform said work or cure the deflciency. If Contractor fails to pertorm said v�rork or oure the deficiency within the three (3� days spec�ied in the notice, such shaQ constitute a breach of this Agreemerrt and City may terminate this Ag�eemen# immediately by written notice ta Contraator to said effect. Thereafter, except as othervvise set forth herein, neither party shali have any further dutles� obligations, responsibilities, or rights under this Agreement except, however, any and ail obligation of Caritractor's surety shall remain in fuil force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. in said event, Contractor shali be entitied to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such paymen# represerrting City's damages from such breach. City reserves the right to delay any such paymerrt until completion of cor�firmed abandonment of the project, as may be determined in City's sole discretion, so as to permit a fuli and complete acxounting of costs. in no event, however, shai! Con#ractor be enti#led to receive in excess of the compensation quo#ed in its bid. The City Council may terminate the contract with 30 days written notice for any reason. IIdCORPORATED BY REFERENCE. The Notice Invi�ng Bids; Bid Terms and Conditions; Instruc�ons to Bidders� General Tenns and Cor�itions; Specific Terms and Conditions; Cor�tracbor's Proposal Submission Forms; Addendum Nos• 1 : Change Orders; addi�onal or suppiemerrtal specfffca�ons, drawing. maps or diagrams; and City�issued forms relating to this project, are hereby tncorporated in and made a part of this Agreerr�eM. COMPLETE AGREEMENT. This written Agreemerrt, induding ali writlngs speciflcally incorporated herein by this reference, shall oonstitute the complete agreement beiween the p�rties hereto. No oral agreemerrt, understanding, or represeritation not reduced t�o wri�ng and specificaliy incorporeted herein shall be of any fiann� or effect, nor shaii any such oral agreement, understanding, or r�epreserrtation be binding upon tt►e parties hereto, ANTI-DISCRtMINATION. In the performance of the terms of this Agreemertit, Contrac#or agrees that it will not engage in, nor pecmit such subcontractors as it may employ, to engage in discximin�tion in empioyment of any person because of the age, race, color, sex, nat�nal o�igin or ancestry� or religion of such persons. Viotation of this provision may result in the imposition of penal�es r+eferred to in Labor Code Section 1735. AUDtT• Cihr shall have the opti�on of inspecting and/or auditing ali r+ecorcls and other written material used by Contractor in preparir� its statements to City as a conditbn precedent to any payment to Contractor. Page 18 ON TICE• Ali written notices � the partfes hereto shail be serrt by United States mail. postage prepaid by registered or certiFied mail. retum receipt requested, addressed as follows: To City: To Contractor: Office of the City Clerk Steven J. Kirkvatrick Cityof Paim Desert Kirkpatrick LandscapinQ Services, Inc. 73-510 Fred Wa�lllg Drive 43-752 N. .Tackson St. Palm Desert, CA92260 zndio. CA 92201 L1�IGATION COSTS. In the event an ac�on is flled by either party to enforce any rights or obligations under this Agreement, #he prevailing party shail be e�ti#led to recover reasonable attomey's fees and court costs, In addi�on to any other relief gran#ed by the vourt. �JTHORtTY TO EXECUTE AGREEMENT. Both City and Contractor do warrant that each irxlividuai executing this Agreemerrt on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this ins#nament to be executed the day and year first hereinabove written. CITY OF PALM DESERT A Municipal Corporation Contractor f �:� � �. �_ CINDY FINERTY, MAYOR steven ,7 ,t�cirkpatrick CITY OF PALM DESERT, CALIFORNIA t�= ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, ClTY CLERK MARK GREENWOOD, P .E. CITY OF PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS APPROVED AS TO F�RM: � DAVID J. ERWIN, CITY ATTORNEY Page 19 . w I��j'I _ . Bond Numb LANDSCAPE MAINTENANCE AREA NO. 17 CONTRACT NO. C29550, PROJECT NO. 917-10 CONTRACTOR'S PROPOSAL BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Kirkpatrick Landscaping Services, �nc, as Principai, alld Financ_ial Pacific insurance Company , as Surety, are held and firmiy bound unto City of Palm Desert(Owner) in the sum of$ �a°io (10% of Principal's bid), to be paid to the said Owner 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 severaily, firmly by these presents. THE CONDITION OF TH{S OBLIGATION IS SUCH, that if the certain proposai of the above bounden Principal to perForm certain work described as follows: LANDSCAPE MAINTENANCE AREA 17: The general items of work to be done hereunder consist of, but are not limited to: landscape, irrigation, hardscape, and hardscape maintenance and dated May 7, 20�o is accepted by City of Palm Desert, and If the 2bOVe bOulldefl Pf111Clpal Kirkpatrick Landscaping Services, 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 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. jRemainder of this page has intentionally been left blank. Signature blocks are contained on fhe neM pageJ Page 20 . � IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 5th day Of MaY ZQ 10 Contractor's Name: Kirkpatrick Landscaping Services, Inc. - `r`i Contractor's Signature: > - '�'' c�' Title: �� S �.1�., f �``� Add1'@SS: 43752 N. Jackson, Indio, CA 92202 Telephone: 760-347-6926 Surety's Name: Financial Pacific Insurance Company Surety's Signature� �^f/�` �'>? � a,� -t,�:,��_� elle L. Miller Title: Attorney-in-Fa Address: 3880 Atherton Rd, Rocklin, CA 95765 Telephone: 916-630-5000 Page 21 � � " LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER B9121(�S POWER NL7MBER "..� � .,�'"�, i ��) PRINCIPAL Kirkpatrick Landscaping Services, I11C. PENAL SUM 10% of amount bid KNOW ALI. MEN BY THESE PRESENTS, th3t Financial Pacific Insurance Company, a California corporation (the "Company"), ��ts nereby make,constitute and appoint: Jane]]e L. Miller,Jeff Aase,Will Mingram, its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,recognizances or other written obligations in the nature thereof as fo(lows: ai�d to bind tFiei�oPparf0l'hm�riy efifiis`��t'<ITWeI1��itlt�d�y131��n��ntP��a�e��s�iii8��`t'h��tXttfO��bQQhe following resolutions adopted by the Board oF Directors of Financial Pacific Insurance Company at the meeting duly held July 6. 1995,which are now in full force and effect: � RESOLVED, that the President or any Vice President, in cqn;junetion with the Secretary or any Assistani �ecretary, may appoint attorneys-in-fact or agents with�uthority as definec�oe limited in tt�e ins[rumealt evidencing the appointment in each c��ise, for and on behalf of the Company, to execute and deliver and affix the seal c�f the Company io bonds,undertakings,recognizances,and sure_tyship obligations of all kinds;and said officers may remove any suoh aCtarney-in-fact or agent and revoke any power of attorney previc�usly grantcd such person. RESOLVEU FURTHER, that any bond, undertaking, recognizance, or tiuretyship obligation shall be valid and binding upon the Company when signed and sealed (if a se�l be required) L�y c�ne or rriore attorneys-in-fat�t pursuant to and within the limits of the authority evidenced by the power of attorney issueci by the C�ompany to such person c�r persons. RESOLVED FURTHER,that the signature.oP any au[htsrized officer and the seal of the Company may be affixed by facsimile ta any power of attorney or certifieation thereof<iuthc�rizing the exee�iCion and delive�y of any bond, �md�a�taking, rec�gnizanre, c�r othe�r suretyship obligations c�f the Company;any such signature and seal when so used shali have the same force and efFect as thr>u�h manually affixed. IN WITNESS WHERF.C3F,Financial Pacific Insurance Company has caused these presents to be signed by its prc�per officers, and its corporate seal to be hereunto affixed this 12th of Septernber,2U07. ```��G��\G`1 N S(/�q/��4 ..r : Q- • RPOq' p'. Q ••GO �4j��.% `Q�� LY2 ��'n, . =�: �u ? i�= Ed r J.Paoletti,Vice President Jo n R.Hollingshead,Secr tary aQ�, 1986 :a�� 2••O �P�?` '��'�'•:4</FOPN..•'�-,. /,/'��''��m u u uaa``��``\\ STATE OF CAI.IFORNIA,COUNTY OF PLACER On this Ist of January,2008,before me,Lisa Roper,Notary Public,personally appeared Edward J.Paoletti and John R.Hollingshead,who provcd to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed tlie same in their authorized capacities,and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. IISA ROPER COMM.# 1755752 Z Z� � .•NOTARY PUBLIC-CALIfORN1A g PLACER COUNTY �sa Roper ry P ic � My Comm.Exp4es July 6,2011 CERTIFICATE I certify under the Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Signed and sealed at Placer,this � ��ay of M � 20�V 10 � John . ollingshead>Secretary Financial Pacific Insurance Company seal must be affixed , . � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :��>�:�-c>�>�.�.�>�z;-�--_�_ _ -�_ -�` _:_ _��:��,-�.-�z��;��,�,��;�:�>� STATE OF CALIFORNIA � County of San Bernardino On May 5,2010 before me, N Cruz notar r�public Date Here Insert Name and Title of the Officer personally appeared Janelie L. Miller Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to #he within instrument and acknowledged#o me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(sj on the instrument the person(s), or the entity upon behait of which the person(s} N.CRUZ acted, executed the instrument. _ COMM.#1674004 �, I certify under PENALTY OF PERJURY under the laws of �ry�PR��c� '` the State of California that the foregoing paragraph is true � ��,.�p.�one 10,2�1a and correct. Witness my hand and official seal. Signature >r� Place Notary Seai Above Signature of'Notary�Pubiic � f I OPTIONAL ` __ Though the information below is not required by law, if may prove va/uable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)OtherThan Named Above: Capacity(ies)Ciaimed by Signer(s) Signer's Name:Janelle L.Miller Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner--�Limited�General ❑ Partner—�Limited�General C� Attorney in Fact � Attorney in Fact ❑ Trustee � ❑ Trustee � � Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: � J�C:`�ti'e'<>`�i>`�2:�:�:�'�4.'�%C��`�`�`�C�4`C4`�`�'t:�t:= _ - _-, _. �')�SL_`fi��c:��C>�`�t:'Et:��S� Q 2D07 National Notary Associalion•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 1I5907 Reorder:Call Tolf-Free t-800-876-6827 z ��": ,�"' `"*ww' ,.✓�$;.. � � -��, �� . ��) k ± s {. �� f ," R .'3 . d ✓ . r City of Palm Desert ADDENDUM NO. 1 for LANDSCAPE MAINTENANCE AREA 'IT Project Na 917-10 Contract No. C29550 f � �; ' � ,�- . �'�� w Issued May 3, 2010 ' lMPORT�4NT NOTE:RECE/PT OF TH/S ADDEIYDUM MUST BE ACKN4WLEDGED tN CONTRACT4R'S PROPOSAL , ,; ' f;;.� ` ''� ` $` f�i " � � �� ,� ,� �" r�y r, � MARK ENW � P.E. DIRECTOR OF PUBLIC WORKS 73-510 FRED WARiNG DRIVE PALM DESERT, CA�IFORNIA 92260 x3 LANDSCAPE MAiNTENANCE AREA N0. 17 PROJECT NO. 917-10 CONTRACT NO. C29550 ADDENDUM N0. 1 This addendum responds to a written question submitted on Aprlf 30, 201Q. Quest�on: May the following language be added to the Performance Bond and the Payment Bond? Coverage shaii begin <date> and shali cease <date> . Coverage may be extended for additional periods of one {1) year upon issuance of a continua�on certiflcate by the Surety. However, neither nonrenewai by the Surety, nor the failure or inability of the Principal#o file a replacemerrt bond in the event of nonrenewal, shall itseff constitute a loss to the Obligee recoverable untler this bond ar any renewa� or continuation thereof. Answer: The proposed language may be added to the Performance Bond andior to the Payment Bond. Contract No. C29550 LANDSCAPE MAINTENANCE AREA NO. 17 CONTRACT NO. C29550, PROJECT NO. 917-10 CONTRACTOR'S PROPOSAL DOCUMENTS AGREEMENT This AGREEMENT is made and entered into this 27th day of May 2010, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Kirkpatrick Landscapinq Services, Inc., hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 21, 2010, City invited bids for landscape maintenance services for City-maintained properties known as Landscape Maintenance Area No. 17 per specifications; and WHEREAS, pursuant to said invitation, Contractor submitted a proposal, which was accepted by City for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from July 1, 2010, through June 30, 2011, or to such later date as may be agreed in writing between parties. This contract allows for an option of two one-year contract extensions based on Contractor's perFormance and mutual agreement. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum One Hundred Thirty-Eiqht Thousand Six Hundred Ninety-Six Dollars 138 696 as set forth in the Contract Documents and adopted by City. CONTRACTOR'S OBLIGATION For, and in consideration of the payments and agreements hereinbefore mentioned to be made and perFormed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. HOLD HARMLESS AND INDEMNIFICATION. Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of Contractor, his agents, employees, and subcontractors and employees thereof in connection with, the performance or non- perFormance of this Agreement. The Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect City of Palm Desert, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. Page 1 of 3 Contract No. C29550 AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the Contractor and approved by the City Council of the City. TERMINATION. If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services perFormed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing City's damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and Conditions; Instructions to Bidders, General Terms and Conditions; Specific Terms and Conditions; Contractor's Proposal Submission Forms; Addendum Nos. 1 ; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City- issued #orms relating to this project, are hereby incorporated in and made a part of this Agreement. GOMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. ANTI-DISCRIMINATION. In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. AUDIT. City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. Page2of3 Contract No. C29550 NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: To City: To Contractor: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. KIRKPATRICK LANDSCAPING CITY OF PALM DESERT SERVICES, INC. A Municipal Corporation Contractor CINDY FINERTY, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P .E. CITY OF PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY Page3of3 Contract No. C29550 LANDSCAPE MAINTENANCE AREA NO. 17 CONTRACT NO. C29550, PROJECT NO. 917-10 ATTACHMENT 5: PAYMENT BOND (REQUIRED WITH EXECUTED AGREEMENT) Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Kirkpatrick Landscaping Services, Inc., (hereinafter designated as "Contractor"), an agreement dated MaY 27, 2010 and described as follows: LANDSCAPE MAINTENANCE AREA 17, PROJECT NO. 917-10, CONTRACT NO. C29550, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of One Hundred Thirty-Eight Thousand Six Hundred Ninetv-Six Dollars ($138,696), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of 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 SUCHa that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subContractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its subContractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor or his or its SubContractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 of 2 Contract No. C29550 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury DepartmenYs most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, address and telephone no. of Surety) (Name, address and telephone no. of agent or representative for service of process in California, if different from above) Page 2 of 2 Contract No. C29550 LANDSCAPE MAINTENANCE AREA NO. 17 CONTRACT NO. C29550, PROJECT NO. 917-10 ATTACHMENT 4: PERFORMANCE BOND (REQUIRED WITH EXECUTED AGREEMENT) Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Kirkpatrick Landscapinq Services, Inc., (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 17 PROJECT NO. 917-10 CONTRACT NO. C2955Q and WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract, NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of One Hundred Thirty-Eiqht Thousand Six Hundred NinetV-Six Dollars ($138,696), being 100% of the contract amount in lawful money of the United States of America, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 of 2 Contract No. C29550 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Page 2 of 2 3 LANDSCAPE AREA 17 �o.e,��„ CAMWO.ApApy�s ��.�� W ^A � � 'sn Varty4ryN a E g iuo� 5 l��. LEGEND O -LMA1] Civic Center 4 uuEwei +/- �,y$7,246 SG FS PalmDesercParcels W �clry sounesry = Rry�TERO O Y 4 4 Q e 1 WCH=b00FfET p VM TEY � PRNITERO � � p Y i � L1bT[L4N<S S 6 MAGNESIA FALLS DR MAGNESIA FALLS DR > I vy� PRrv�T!bT ; W IRIVITESi � WI. Q i 3 ` 0 W� PRIVATE ST � �' > i Magnesia Falls City Park o � i C� e� j � 'y � +/-312,486 Sq Ft J , � �� _� O u �tu QI !f I � � 4 I� �I I �I MYTLEOOEWIY RYTLEOOE WRv �. �. .�� r� y y �i � � 1 Z � q 1YlSONSi FT i pE�RTBT�RlLVD � � N� i ; . 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