HomeMy WebLinkAboutC30410 Citywide Lighting InventoryContract No. 30410
CITY OF PALM DESERT .�
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C30410 FOR THE CITYWIDE
LIGHTING INVENTORY TO RBF CONSULTING, INC., IN THE
AMOUNT OF $16,403.12
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: RBF Consulting, Inc.
74130 Country Club Drive, Ste. 201
Palm Desert, CA 2260
DATE:
CONTENTS
Recommendation
April 14, 2011
Proposal
Agreement
Payment Bond
Performance Bond
By Minute Motion:
1. Award Contract No. C30410 for the Citywide Lighting Inventory to RBF
Consulting, Inc., in the amount of $16,403.12;
2. Authorize the Director of Finance to set aside an additional 10 percent
contingency in the total amount of 1,640.31; and
3. Authorize the Mayor to execute the agreement.
Funds are available in General Fund Account No. 110-4611-453-3092, Public Works
Park Maintenance — Professional Services, and Account no. 110-4300-413-3010, Public
Works Administration — Professional Services.
Background
On January 3, 2011, the City Clerk advertised and called for bids for the Citywide
Lighting Inventory and Electrical Inspection contract. The contract would provide for the
inventory and GPS mapping of all facilities, electrical inspection, and thorough
documentation of all conditions noted.
Staff Report
Award C30410 to RBF Consulting
April 14, 2011
Page 2of3
Contract No. C30410
On January 21, 2011, the bids were opened, but the bids received significantly
exceeded staffs estimated cost for the project. Therefore, on February 10, 2011, staff
requested that City Council reject all bids and direct staff to explore alternative ways of
achieving the objective.
Staff continues to advance the need for the City to inventory and inspect its
infrastructure assets. Therefore, on February 16, 2011, a Request for Proposals was
advertised in the local media requesting sealed bids for only the lighting fixture inventory
portion of the previous request. The information will be used to establish a
comprehensive lighting maintenance program.
On Friday, March 4, 2011, at 2:00 p.m., sealed bids were opened and read aloud, with
the following proposals received:
Contractor Location Bid Amount
RBF Consulting, Inc. Palm Desert, CA $16,403.12
NDS Services, Inc. Vista, CA $20,937.62
Staff has reviewed RBF Consulting's proposal and determined that the requirements
have been met.
Fiscal Analysis
There is no fiscal impact beyond the contract amount.
Prepared By:
H. gpentpr KrAgjpt, Landscape Manager
Paul-S. Gibson, Director of Finance
n M. Wohlmuth, City Manager
Director of Public Works
CITY COUNCILACTION
APPROVED DENIED
RECEIVED OTHER
MEETING DATE - -%//
AYES: Fin�'�� hC�cra S%�iN� 1, L�ansc
-NOES: AITMe
ABSENT: L'!u,��
ABSTAIN:1�
VERIFIED BY:
Original on File with City Clerk's ffice
Staff Report
Award C30410 to RBF Consulting
April 14, 2011
Page 2 of 3
Contract No. C30410
On January 21, 2011, the bids were opened, but the bids received significantly
exceeded staff's estimated cost for the project. Therefore, on February 10, 2011, staff
requested that City Council reject all bids and direct staff to explore alternative ways of
achieving the objective.
Staff continues to advance the need for the City to inventory and inspect its
infrastructure assets. Therefore, on February 16, 2011, a Request for Proposals was
advertised in the local media requesting sealed bids for only the lighting fixture inventory
portion of the previous request. The information will be used to establish a
comprehensive lighting maintenance program.
On Friday, March 4, 2011, at 2:00 p.m., sealed bids were opened and read aloud, with
the following proposals received:
Contractor Location Bid Amount
RBF Consulting, Inc. Palm Desert, CA $16,403.12
NDS Services, Inc. Vista, CA $20,937.62
Staff has reviewed RBF Consulting's proposal and determined that the requirements
have been met.
Fiscal Analysis
There is no fiscal impact beyond the contract amount.
Prepared By:
,Landscape Manager
PauFS. Gibson, Director of Finance
n M. Wohlmuth, City Manager
Depa
Mark GreenOood, P.E.,
Director of Public Works
Contract No. C30410
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 14th day of
April , 2011, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "City," and RBF Consulting, Inc. herein referred to as "Contractor."
WITNESSETH:
WHEREAS, on February 16, 2011, City invited bids for CITYWIDE LIGHTING INVENTORY;
and
WHEREAS, pursuant to said invitation, Contractor submitted a bid, 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:
(1) TERM The term of this Agreement shall be from date of execution of this instrument
through May 31, 2011, or to such later date as may be agreed in writing between parties.
(2) 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 of Sixteen
Thousand Four Hundred Two dollars and Twelve Cents ($16,403.12) as billed on a per -unit
monthly basis as set forth in the Contract Documents and adopted by City.
(3) 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 Contract
Documents, Specifications and Conditions.
(4) 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 its connection with, or relating in any manner to, any act or omission of Contractor, its
agents, employees, subcontractors and employees thereof in connection with, the performance
or non-performance of this Agreement. Contractor shall thoroughly investigate any and all
claims and indemnify City and do whatever is necessary to protect the City of Palm Desert, its
officials, officers, employees, agents, and representatives as to any such claims, lawsuits,
liabilities or damages.
(5) AMENDMENTS Any amendment, modification, or variation from the terms of this
Agreement shall be in writing, signed by Contractor and approved by the City Council of the
City.
Page 1 of 4
Contract No. C30410
(6) 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 period
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 the
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 the 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.
(7) INCORPORATED BY REFERENCE The Notice Inviting bids; Bid Terms and
Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum Nos.
1 ; General Terms and Conditions; Specific Terms and Conditions; Change Orders;
additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms
relating to this project, are hereby incorporated in and made a part of this Agreement.
(8) COMPLETE 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.
(9) 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.
(10) 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.
(11) 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:
IF TO CITY:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
IF TO CONTRACTOR:
RBF CONSULTING, INC.
74130 Country Club Drive, Suite 201
Palm Desert, CA 92260
Page 2 of 4
Contract No. C30410
(12) 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.
(13) 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 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:
(Notary Acknowledgment Required)
TITLE:
CITY:
BY:
(Notary Acknowledgment Required)
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Page 3 of 4
Contract No. C30410
CONTRACTOR NOTARY ACKNOWLEDGMENT
State of California }
} SS
County of Riverside }
On , 20 , before me, a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
CITY NOTARY ACKNOWLEDGMENT
State of California }
} SS
County of Riverside }
(Seal)
On , 20 , before me, a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Page 4 of 4
CONTRACTOR'S PROPOSAL SUBMISSION FORM
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
TO: CITY CLERK
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned declares that he/she has carefully examined the Bid Terms and
Conditions, the General Terms and Conditions, and the Specific Terms and Conditions
accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the
contents thereof, and is authorized to represent the bidding firm and propose services to
City of Palm Desert.
It is understood that the price shown hereon includes all phases and types of work
described in the specifications. The unit cost for all facilities shall be indicated. The
total cost is provided for bid comparison only.
DESCRIPTION OTY UNIT TOTAL COST
COST
Locate, Record GPS and Related Data -all Facilities 2164 -/ "v $ /�'i , /03 IZ
Undersigned hereby acknowledges
receipt of each Addendum circled 0 2 3 4 5
(circle all that apply)
Bid Prepared By Title
Company Name
Company Address
74//570
nffir.n Phnna
Go-
Phone
C30410 SECTION 1, CONTRACT DOCUMENTS Page 8
CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
INFORMATION REQUIRED OF BIDDER_
In supplying the following information, additional sheets may be attached if needed.
Check if additional sheets are attached: ❑
Check if additional sheets are not attached:
(1) Company Name and Address_ W C, *UZ-�i^Cs
/�/ ► �%� 64 �;ZZ6o _
(2) Telephone No. 7�'6"g/
(3) Type of Firm (Individual, Partnership or Corporation) 4:�W'oi�*7oAJ
(4) Corporation organized under the laws of the State of_Z0�WN14
(5) Contractor's License No. L SS Exp. Date
Contractor's License No. Exp. Date
Contractor's License No. Exp. Date
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
(7) Number of years experience as a GPS inventory contractor 20
(8) Number of years experience with municipal GPS inventory contracts 20
C30410 SECTION 1, CONTRACT DOCUMENTS page 9
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
(9) List any similar projects completed within the last five years:
Contract Class of Date Name, Address & Telephone
Amount Work Completed Number of OWNER
1. $479,--v /-2,w9
2. $ 41" 7 Zaa
3. $
Ll ' a,--- ttk-*Air'
76o - 7"- 70.00
(10) List the names and addresses of each subcontractor who will perform work
related to this contract and indicate what portion of the work will be done by each
subcontractor. (If more than one subcontractor, please check the box below and
list all subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
C30410 SECTION 1, CONTRACT DOCUMENTS Page 10
CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
(11) List the name of the p�eer�sson w inspected the site of the proposed work for your
firm a,405;61/o
(12) CONTRACTOR hereby swears under penalty of perjury that the information
provided is true and correct.
By Title:!/yhil%,/�5���/Q1�
Signature Contractor
THE AREA INTENTIONALLY LEFT BLANK
C30410 SECTION 1, CONTRACT DOCUMENTS Page 11
CONTRACTOR'S PROPOSAL SUBMISSION FORM. CONTINUED
CITY OF PALM DESERT
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
AFFIDAVIT OF NON -COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
CY)05�oO}iVL being first duly sworn, deposes and says that he/she is
ofgCr C un%o the party making the foregoing bid; that the bid is not made in
the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and neither collusive nor sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid and has not directly or indirectly colluded, conspired, connived, or 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 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, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all
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
divulged 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 pe effec a collusive or sham bid.
Signature (CONTRACTOR) Title (CONTRACTOR)
Jurat Certificate
State of California
County of
Subscribed and sworn to (or affirmed) before me on this � day of
r _rlarc-h (month), O k 1 (year), by—\�I�lrp t v L LLwtl ro+ggMj Q,ubl tc
proved to me on the
basis of satisfactory evidence to be the person(b) who appeared before me.
Signature of Notary Sy 1 __ (Seal of Notary)
-------------------
DEBIN L. LEM
Comnipbn # 1855852
Notary Public - Ca kf*
my rebb Ca>tlllty
My Comm. Ex Uau Jun 27, 2013
C30410 SECTION 1, CONTRACT DOCUMENTS Page 12
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, 1110& as Principal,
arm L'' E , are held and
firmly bound unto the City of Palm Desert in the sum of $ 5 3Z(10% of 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 severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden principal to perform certain work described as follows:
The general items of work to be done hereunder consist of: locating and recording
inventory data on all city -owned or maintained lighting facilities as described herein and
as detailed in the Contract Documents and all appurtenant work as required by the
specifications and appendices, and dated Februarnc,_2�11, is ac pted by the City of
Palm Desert, and if the above bounden principal _ jf ��.1ojca
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 attorney's fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been left blank
Signature blocks are contained on the next page.]
C30410 SECTION 1, CONTRACT DOCUMENTS PaM 13
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 1 day
of MARC14 20 1 1
Contractor's N
Contractor's S
Title: _ V-s-,ps, T-
Address:
Telephone:_ /1c0 - 3q(o - '708 /
Surety's Name:
Surety's Signature:
C'ak--fZ5 CtV k MA D
C30410 SECTION 1, CONTRACT DOCUMENTS Page 14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On CMAGJh Q a ti before me, c Q 1_ LSI I.�,t � � r-" pu U t c
ate more moan Ram and t ot me
personally appeared C� U)t7 Q- t S
Q!E� -.0.1011M. fDMI . LE1
N1M2
iNoit ry PrbiNe - CaWfomb
Rt rhtititt cou" ..
Mt Comm. = Jun 27 2019
who proved to me on the basis of satisfactory
evidence to be the person(N) whose name(b) Wit
subscribed to the within instrument and acknowledged
to me that he/sha trey executed the same in
his/heAheir authorized capacity(", and that by
hiseir signature(b) on the instrument the
person(, or the entity upon behalf of which the
person() 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.
Place Notary Seal and/or Stamp Above Slpnaturo of Notary Putlic
OPTIONAL
Though the information below is not regWred by law, it may prove valuable to persons retying 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(les) Claimed by Signer(s)
Number of Pages:
Signer's Name: Signer's Name: __
Corporate Officer— Title(s):
Individual
Partner — _ Limited ' _ General Top of thumb here
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Corporate Officer — Title(s):
Individual
C Partner —; Limited , I General Top of thumb here
Attorney in Fact
'Trustee
Guardian or Conservator
Other:
Signer Is Representing:
-----..-.....�........� .o....00..... - a..w w aw nna., r,v, aox crvc •a.new-wer, l:A V 1;M3[AVl• MW W Ma0r&"0hry 0M Ibm #5M Reorder. Ce# To"m 1.9W-8764w
Contract No. C30410
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to RBF Consulting, Inc. (hereinafter designated as
"Contractor"), an agreement dated April 14, 2011 described as follows:
CITYWIDE LIGHTING INVENTORY, CONTRACT NO. C30410 (hereinafter referred tc
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 the 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 Sixteen Thousand Four Hundred Three Dollars and
Twelve Cents ($16,403.12), 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 SUCH, that, if said Contractor, his or its
heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to
pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any 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. C30410
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
M
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
L'V
Page 2 of 2
Contract No. C30410
City of Palm Desert
CITYWIDE LIGHTING INVENTORY
CONTRACT NO. C30410
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to RBF Consulting, Inc. hereinafter designated as "Principal," a
contract for:
CITYWIDE LIGHTING INVENTORY
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of
Sixteen Thousand Four Hundred Three Dollars and Twelve Cents ($16,403.12), being
100% of the contract amount in lawful money of the United States of America for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal,
his executors, heirs, administrators, and successors, or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the covenants and agreements in
the said contract and any alterations thereof made as therein provided, on his or their
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save
harmless the City, its officers and agents, as therein stipulated, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
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. C30410
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 , 2011.
PRINCIPAUContractor:
SURETY:
(Typed Name of Contractor)
By: By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety).
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
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
appear on the Treasury Department's most current list (Circular 570 as amended).
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)
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