HomeMy WebLinkAboutC30630 Landscape Maintenance Area (LMA) Number 4 904-11Contract No. C30630
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C30630 FOR LANDSCAPE
MAINTENANCE AREA NO. 4 TO PINNACLE LANDSCAPE
COMPANY, OF PALM DESERT, CALIFORNIA, IN THE AMOUNT
OF $67,980 AND INCLUDE REPAIR WORK AND SERVICES AT
THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20
PERCENT OF CONTRACT AMOUNT OR $13,596 (PROJECT NO.
904-11)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Pinnacle Landscape Company
2200 Fairview Street
Santa Ana, CA 92704
DATE:
CONTENTS
Recommendation
May 26, 2011
Proposal
Agreement
Payment Bond
Performance Bond
Vicinity Map
By Minute Motion:
1. Award Contract No. C30630 for Landscape Maintenance Area No. 4 to
Pinnacle Landscape Company, of Palm Desert, California, in the amount
of $67,980;
2. Include repair work and services at the specified contract amount not to
exceed 20 percent of contract amount or $13,596; and
3. Authorize the Mayor to execute the contract.
Funds are available in the General Fund Account No. 110-4614-453-3370,
Repair/Maintenance Medians.
Contract No. C30630
Staff Report
Award Landscape Maintenance Area No. 4
May 26, 2011
Page 2 of 2
Background
On April 29, 2011, the City Clerk advertised and called for bids for Landscape Maintenance
Area No. 4. Bids were opened and read aloud on Tuesday, May 10, 2011, at 12:00 p.m.
with the following results:
Contractor
Location
Price
1
Pinnacle Landscape Company
Palm Desert, CA
$67,980
2
Andy's Landscape Services
Palm Desert, CA
$78,600
3
Merchants Landscape Services
Santa Ana, CA
$84,564
4
Vintage Associates, Inc.
Bermuda Dunes, CA
$94,440
5
Kirkpatrick Landscaping Services
Indio, CA
$118,800
6
Mariposa Landscape Inc. I
Irwindale, CA
$125,112
Staff reviewed the bid documents of the lowest bidder, Pinnacle Landscape Company, and
determined that all bid requirements have been met.
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; and accident and vandalism repair and
replacement.
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beygnd the contract amount.
Pr pared By:
F-
IV`
H. tpeincer Knight
Land pe anager
(Aa,,f
Paul S. Gibson, Director of Finance
Depa
Mark Green ood, P.E.
Director of P blic Works
CITY COUNCILA�ON
APPROVED DENTED
RECEIVED OTHER
al MEETING D '
AYES -
NOES:
Wohlmuth, City Manager ABSENT: U
ABSTAIN: l
EZ
VERIFIED BY:
Original on File with City
's Office
City of Palm Desert
Riverside County, California
Contract Documents and Specifications
for
LANDSCAPE MAINTENANCE AREA 4
Project No. 904-11
Contract No. C30630
BY
MARK GREENWOOD, P.E.
DIRE&OR OF PUBLIC WORKS
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
Issued April 2011
KEY CONTRACT DATES
04-29-11
Notice Inviting Bid Proposals Issued
05-06-11
Written Questions Due 8:00 AM
05-06-11
Questions Answered (last addendum issued, if needed) 5:00 PM
05-07-11
Dark to Communications until Bid Opening
05-10-11
Bid Proposals Due / Bid Opening 12:00 PM
05-26-11
City Council Award of Contract
07-01-11
Contract Term Begins
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4,2011-2012
PROJECT NO.904-11, CONTRACT NO. C30630
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
TOTAL BID AMOUNT AND ATTESTATION OF BIDDER
TO: CITY CLERK
City of Palm Desert
73510 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 Sealed 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 routine and seasonal
maintenance described in the specifications.
The costs of any work shown or required in the Specifications, but not specifically
identified as a Pay Item are included in the Pay Items, and no additional compensation
shall be due Contractor -by virtue of Contractor's compliance with the Specifications.
TOTAL ANNUAL AMOUNT OF BASE BID IN FIGURES $ 00
TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS
Y ,.,
1 v � � lr3E -WP t � , 7 � of Lc u'
Undersigned Irby aciknowwlees
rece4A of the number of Addendums DO
circled (you MUST circle a number) 1 2 3 4 5
Company:
?
Address:
Telephone:
Fax:
766~ 1193--
Bid Prepared By:
Title:
Signature:
Date:
C30630 SECTION 1. CONTRACT DOCUMENTS p 8
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4,2011-2012
PROJECT NO.904-11, CONTRACT NO. 00630
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
CONTRACTOR'S PROPOSAL BY BID LOCATION
For each item, the averaged one -month maintenance cost shall be indicated and the
total of these costs shall be extended for the term of the contract.
ITEM DESCRIPTION PRICE PRICE
MONTHNUALLY
1. Monterey Avenue medians and planters $L AN
l0oo 00 $
2. Country Club Drive medians and parkway $
3. Cook Street medians 00' Od
4. Frank Sinatra Drive medians �O' O 0a<Do
5. Dinah Shore Drive medians $ 3do� oo $ % a0O' O
6. Gerald Ford Drive medians and planter $ $
7. Washington Street and 1-10 off/on ramps $ S00
8. Portola Avenue medians i -70' 0 d qa yp`
s. $ 1�5 . oo
University Park Center medians and $ $
roundabouts WOM I aw60
TOTAL $ $
(annual total must match total on previous page) 5 �L5,00 ?) ! gQ, 06
C306M SECTION 1, CONTRACT DOCUMENTS Page 9
2
3
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4,2011-2012
PROJECT NO.904-11, CONTRACT NO. C30630
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
WORK EXPERIENCE AND TECHNICAL ABILITY OF THE BIDDER
This project is located in a desert with extreme environmental conditions. Desert plant
material is therefore very specialized in nature. In addition, the City of Palm Desert has
adopted naturalistic pruning methods that must be followed by its landscape
maintenance contractors.
To be considered qualified 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 levels of experience and
skill are typically gained by performing contractual (12-month minimum) landscape
maintenance for a public agency, for 3 of the last 5 years, and performed in areas
adjacent to streets and parkways.
The bidder is required to state all work of a similar character to the work described in
the proposed contract, that he has performed in the last three years. In the space
below, provide references with a contact person, address, and phone number for
verification of said work.
Bidders may attach additional pages to provide the information required by this portion
of the proposal, if necessary.
REFERENCES
Contract Completion
Amount Class of Work Date Cnntart PPrcnn
6-f
Name
Business Name
_T 7(9
C/�lD'W�raQ�� - Address
—,fit/ ` Phone
fJl A )�C Name
Business Name
O/',Ff"U/9/te�6 /��� Address
7 �"`�ac?-46 2 Phone
t r"' �f/Vl �L ll " .��i (_ !i Name
QI N DI [ f IVVCk_F LJ Business Name
4At;4til; Address
Phone
C 30630 SECTION 1. CONTRACT ili. ctmiw Oadlak In
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4,2011-2012
PROJECT NO.904-11, CONTRACT NO. C30630
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
FINANCIAL STANDING OF THE BIDDER AND
STATEMENT OF RESOURCES FOR EXECUTION OF THE CONTRACT
The City Council of the City of Palm Desert reserves the right to reject bids from firms
that do not demonstrate adequate financial standing to execute the terms of the
contract.
Due to the location, size/extent and maintenance requirements of the maintenance
area, bidder is required to state how it will provide the necessary maintenance and
services in the specifications. State the estimated manpower your company will use
each week to fulfill the contract. Include supervision, irrigation and general labor sub-
categories.
Or 7j,6,ce —
NoVtmffc 1 AN�e,< /7�N
A w/Z
v/'5-
e
A financial statement or other information and references sufficiently comprehensive to
permit an appraisal of your current financial condition may also be required by CITY.
C30630 SECTION 1, CONTRACT DOCLUENTS Page 11
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4,2011-2012
PROJECT NO.904-11, CONTRACT NO. C30630
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
BIDDER INFORMATION
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. /1
(1) Physical Address "17530 Crr
(2) Mailing Address F41 EVIT-1r , 5-411-t-4 �JP rfi jje�(07�7j�
(3) Telephone No. `! 0— 2 (o
(4) Type of Firm (Individual, Partnership or Corporation)' P° r�
(5) Corporation organized under the laws of the State of
(6) City of Palm Desert Business License No.
(7) C-27 Contractor's License No. Exp. Date '7o i2-
(8) List the names and addresses of all OWNERs of the firm or names and titles of
all officers of the corporation:
(9) Number of years experience as a Contractor !�v
(10) Number of years experience with municipal landscape maintenance
contracts 3/
01) California State Pest Control Applicators License (QAL) for chemical applications
category B License Number and Name of Licensed Per_§pnnel:
(12) Local Office
Address: %
T41j4,, p"=s p' i
Phone: f l C� ;;'n3
(13) Emergency Contact Person Name and Phone
C30630 SECTION 1, CONTRACT DOCUMENTS
(14) 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:
(15) List the name of the person who inspected the site of the proposed work for your
firm AoB /P
(16) This bid was prepared by:
Name (print) j`C''d9. t-,-,-r iQ�r
Signature
Telephone
(17) Contact person:
Name (print)
Telephone
Contractor hereby swears under penalty of perjury that the information provided is true
and correct.
By
Signature Contractor
C30630 SEC ON 1, CONTRACT DOCUMENTS Page 13
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4,2011-2012
PROJECT NO.904-11, CONTRACT NO. C30630
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
AFFIDAVIT OF NON -COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
'). tom �{ iu 1) *.t od t G i y'�_ , being first duly sworn, deposes and says that he/she is
of ' ,� ,� , -' ti z , 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 to effectuate a collusive or sham bid.
By: �v
Si ature (Contractor)
State of California
County of`.
Jurat Certificate
OA5
Title (Contractor)
MARIA J. SCHAEFFER
Commission * 1654340
r Notary Public - California Zz
Orange County
My Comm. Expires Jun 16, 2013
Subscribed and sworn to (or affirmed) before me on this I` day of
(month), r %
( ) — (year), by I 1 Ij i i t . %� i it; f /��` L�/i
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature of Notary
I (Sea] of Notary)
/
R
C-306M SECTION 1, CONTRACT DOCUMENTS Page 14
BOND# 20-SUR-211982
Premium: Included
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4,2011-2012
PROJECT NO.904.11, CONTRACT NO. C30630
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
Pinnacle Holdings Group, Inc.
That we, dba Pinnacle Landsca e Com an
and American Safety Casualty Insurance Company as Principal,
as Surety' are held and
firmly bound unto City of Palm Desert (Owner) in the sum of $'
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 severally, firmly by
these presents,
?HE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden Principal to perform certain work described as follows:
LANDSCAPE MAINTENANCE AREA 04: The general items of work to be done
hereunder consist of, but are not limited to: landscape, irrigation, hadscape, and
hardscape maintenance
and dated May 10, 2011 is accepted by City of Palm Desert, and
if the above bounden Principal Pinnacel Holding Group,* 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 attorneys fees, shall be awarded to the prevailing party.
* Inc. dba Pinnacle Landscape Company
[Remainder of this page has intentionally been /eft blank.
Slgnsture blocks are contained on the next page]
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 9th _ day
Of _ May 20 11
Contractor's Name: Pinnac &e Holdi gs Group, Inc . dba Pinnacle Landscape Company
Contractor's Sig
"Title:
Address: 2200 South Fairview Dr., Santa Ana, 'CA 92704
Telephone: 714-434-747 2
Surety's Name: American Safety Casualty Insurance Company
Surety's Signature:
Title: Anthony F. Angelicola, Attorney -in -Fact
Address: 444 Ocean Blvd., 18th fir., Long Beach, CA 90802
Telephone: 818- 8 71-108 0
n
NUMBER
20-SUR-211982
AiPsWmS4Fvy#atNbvxr POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that American Safety Casualty Insurance Company has made, constituted and appointed, and by these
presents does make, constitute and appoir is
Anthony F. Angelicola
Its true and lawful attorney -in -fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and
contracts of suretyship to be given to
ALL OBLIGEES
provided that n bond or undertaking or contract of suret to executed under this authority shall exceed in amount the sum of
**ONE MILLION DOLLARS ($I,000,000.00)**
This Power of Atbomey is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company of the dh day of August, 2009.
RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -in -fad or agents with authority as
defined or limited in the instrument evidencing the appointment in each one, for and on behalf of the Company, to execute and deliver and affix the
seal or the Company to bands, undertakings. recognizances, and suretyship`obUgatiors of all kinds, and said officers may remove any such attomey-in-
fact or agent and revoke any power of attorney previously granted to such persons.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company when:
(I) when signed by the President or any Vice -President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (11)
when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a duly
authorized altomsy-in-fad or agent; or Ct) when duly executed and sealed (if a seal Is required) by one or more attorney -In -fact or agents pursuant to
and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney
or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company;
and such signature and seal when so used shall have the same force and effects as though manually affixed.
IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be
signed by Its President and attested by Its Secretary this If day of August, 2W9 ,'.
(n S t
Ambuj Jain
STATE OF GEORGIA
COUNTY OF COBS
On this a day of August, 2009, before me personally carne Jose�ph D. Scdlo, Jr., to me known, who, being by me duly swam, did depose and say that
he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument: that he
knows the seal of the said corporation; that the seal affixed to the said IInstrument is such corporate seal; that is was so affixed by order of the Board of
Directors of said corporation and that he signed his name thereto by like order. r 1 /"%
JAMI BAILEY
Notary Public, Hall Co., GA
My Commission Expires Aug. 13, 2012
1, the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth
in the said Power of Attorney, is now In force.
Signed and sealed in the City of Atlanta, in the State of Geor is Dated this 9 day of May 2 D j y j
r ShSBt f by s Ambu)Jain •--
p. itttttt�
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS
DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUCTION WITH THE ORIGINAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On May 9, 2011
Date
before me, Maureen E. Schmidt,notary public
Here In Name and Title of the Officer
personally appeared Anthony F. Angelicola
Name(s) of Signer(s)
aE .. MAUREEN E. SCHMIDT
O COMA t1788877
(t� a,. NO'AR,Y PL E. r CALIFORNIA �+
SAN FRANO�SCO COUNTY n
+ucoe�` CCt,(tf EXE= FE6. 11.2012'
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/an subscribed to the
within instrument and acknowledged to me that
he/sbw&ey executed the same in his/hoe*#mk authorized
capacity4s* and that by his&adftir signature(* on the
instrument the person(o, 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. R
� i
� (`
Place Notary Seal Above Signature Signature of Notary P
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:
Individual
! _j Corporate Officer — Title(s):
E Partner — ❑ Limited r] General
Attorney in Fact
C Trustee
rJ Guardian or Conservator
C Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
1 lop of thumb hem._
Number of Pages:
Signer's Name:
E Individual
7j Corporate Officer — Title(s):
I.-: Partner — D Limited General
C Attorney in Fact ■
_1 Trustee Top of thumb here
J Guardian or Conservator
E Other: I
Signer Is Representing:
cc`c,_ - -
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5g07 Reorder: Call Toll -Free 1-800-B76.6&^7
Contract No. C30630
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4, 2011-2012
PROJECT NO. 904-11, CONTRACT NO. C30630
AGREEMENT
This AGREEMENT is made and entered into this 26th day of May
2011 , by and between City of Palm Desert, California, hereafter called "Owner' "City"
or "Agent" and Pinnacle Landscape Company , hereinafter called "Contractor."
WITNESSETH:
WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance
services for City -maintained properties known as Landscape Maintenance Area No. 4
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, 2011, through June 30, 2013,
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 Sixty -
Seven Thousand Nine Hundred Eighty ty ($) 67,980 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.
Contract No. C30630
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. 0 ; 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.
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.
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.
Contract No. C30630
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.
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
Pinnacle Landscape Company
2200 Fairview Street
Santa Ana. CA 92704
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.
CITY OF PALM DESERT PINNACLE LANDSCAPE COMPANY
A Municipal Corporation Contractor
JEAN M. BENSON, 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
Contract No. C30630
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 }
On , 20 , before me,
Notary Public, personally appeared
(Seal)
E.
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Contract No. C30630
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 412011-2012
PROJECT NO. 904-11, CONTRACT NO. C30630
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has
awarded to Pinnacle Landscape Company (hereinafter designated
as "Principal"), a contract for:
LANDSCAPE MAINTENANCE AREA 4
PROJECT NO. 904-11
CONTRACT NO. C30630
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
Sixty Seven Thousand Nine Hundred Eighty Dollars ($67,980.00), 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 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.
Contract No. C30630
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
Contract No. C30630
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 4, 2011-2012
PROJECT NO. 904-11, CONTRACT NO. C30630
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee")
has awarded to Pinnacle Landscape Company (hereinafter designated as
"Contractor"), an agreement dated and described as
follows: LANDSCAPE MAINTENANCE AREA NO. 4 PROJECT NO. 904-11,
CONTRACT NO. C30630, (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 Sixty -Seven Thousand Nine Hundred Eighty Dollars ($67,980),
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.
Contract No. C30630
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
PRI N CIPAUContractor:
(Typed Name of Contractor)
SURETY:
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).
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)
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