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HomeMy WebLinkAboutC30770 Landscape Maintenance Area (LMA) No. 2 902-11Contract No. C30770 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30770 FOR LANDSCAPE MAINTENANCE AREA NO. 2 TO PINNACLE LANDSCAPE COMPANY, OF PALM DESERT, CALIFORNIA, IN THE AMOUNT OF $68,160 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT OR $13,632 (PROJECT NO. 902-11) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Pinnacle Landscape Company 2200 Fairview Street Santa Ana, CA 92704 DATE: May 26, 2011 CONTENTS: Proposal Agreement Payment Bond Performance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C30770 for Landscape Maintenance Area No. 2 to Pinnacle Landscape Company, of Palm Desert, California, in the amount of $68,160; 2. Include repair work and services at the specified contract amount not to exceed 20 percent of contract amount or $13,632; 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. C30770 Staff Report Award Landscape Maintenance Area No. 2 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. 2. Bids were opened and read aloud on Tuesday, May 10, 2011, at 11:45 a.m. with the following results: Contractor Location Price 1 Pinnacle Landscape Company Palm Desert, CA $68,160 2 Kirkpatrick Landscaping Services Indio, CA $99,108 3 Vintage Associates, Inc. Bermuda Dunes, CA $104,220 4 Mariposa Landscapes Inc. Irwindale, CA $200,520 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 beyXnd the cont"ct amount. Pr(#Tred By: IL� , 9- )�Ik - i H. zp cer Knight Land urger . G� Mark Gree ood, P.E. Director of Public Works CITY COUNCIL AC�fON Paul S. Gibson, Director of Finance APPROVED ✓ DF,NWID RECEIVED OTHER Wohlmuth, City Manager MEETING AYES:L2" r NOES: ABSENT: ABSTAIN: VERIFIED BY.-_134�m Original on File with City Office City of Palm Desert Riverside County, California Contract Documents and Specifications for LANDSCAPE MAINTENANCE AREA 2 Project No. 902-11 Contract No. C30770 BY 5� MARly GREENWOO P.E. DIRECTOR 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 11:45 AM 05-26-11 City Council Award of Contract 07-01-11 Contract Term Begins I CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO.902-11, CONTRACT NO. C30770 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 $ a 116 0 p CO TO,T�A�LLANNUAL ,CAy1MOUNT OF BASE BID INS jWORDS DV - Undersigned hereby acknowledges recelpt of the number of Addendurns circled (you MUST circle a number. 0 1 2 3 4 5 Company: s ,- n N Address: ( _ Telephone: Fax: 760 Bid Prepared By: Title: Signature: Date: C30770 SECTION 1, CONTRACT DOCUMENTS CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2,2011-2012 PROJECT NO.902-11, CONTRACT NO. C30770 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 1. Monterey Avenue medians and planter (MONTHLY) $ (ANNUALLY) $ Soo. o a �DDO.O 0 2. Fred Waring Drive medians and parkway $ $ I�Sd1 as lS 360.00 3. Town Center Way medians $ $ 4. Cook Street medians 300.0 0 $ 36d0, 00 $ yoo. o0 00 5. Hovley Lane East medians $ $800� Soo. 00 SOD, 00 6. Portola Avenue median and parkway -'$ $ 200.0 0 2 L/00, 00 7. Via Ginta median $ $ 200,00 �?_ v00.00 8. Phyllis Jackson Lane parkway $ $ fOv oo lZ o e, 0 0 9. Eldorado Drive median $ $ 700,00 g600,00 10. Washington Street medians $ $ 40.00 72.001 p 11. 74833 Joni Drive (old Corporation Yard) $ $ 200, 0 0 Q 12. Co rporation Yard $ $ 2�0, 0 0 t/L 0 U gnesia Falls Drive medians and parkway $ $ 20c), 00 2 wd, 00 q14San Pablo Avenue medians$2©O,Oo $2y0C� U wn Center Way Fire Station $ $ %0. 0 U �Z00. OQ 16�rtola ation //2 /n/ / TOTAL (annual total must match total on previous page) $ �(go,O0 $ G g> 1 00 C30770 SECTION 1, CONTRACT DOCUMENTS CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2,2011-2012 PROJECT NO.902-11, CONTRACT NO. C30770 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. REFERENM Contract Completion Amount Class of Work Date Contact Person 1 $ fv A—TN7FW 0 C t r/V S ANC '/� � �Name C/7Ltf 8 Business Name fJ /V CAI / a Address Phone 2j�x�rM1/If/V�i���i (f'/�'� �,l >j�ji Name rp 5 t ��+ f— Business Name 74-7 Address Phone 3 $ _— _ 1y `N 1� Ar�' _` ��Jr ►.�4�v \ 1� NNer It X44 Name U E-- Business Name ice `lid' 6#4/1� 1,ri,4 Address i Phone =770 SECTION 1, CONTRACT DOCUMENTS Page 10 f CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2,2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 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. ytg - 2 vy �( �� 5 1�F �.►�E +_ Nut- .1 �4 rfe- Y—Y-LC_ 'L 1*vu� V" k1 t S '/)c,P M yr l� ► E VAC k /r4 /� �.� 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. C30770 SECTION 1, CONTRACT DOCUMENTS Paige 11 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO.902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS BIDDER INFORMATION The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Physical Address -�7530 .Ev'Ffc0 Afv r:�Lm L?-r5;S2r 12L60 (2) Mailing Address ;NCO 1 "1r �� ,�� Si" ...r �c, U P '��tl �1>701 (3) Telephone No. `i 00' ((-23__ 552 c� (4) Type of Firm (Individual, Partnership or Corporation) (5) Corporation organized under the laws of the State of (6) City of Palm Desert Business License No. D �--O oO q� y Sq (7) C-27 Contractor's License No. 73S ? 1 C)Exp. Date `�-3`' 2�1 (8) List the names and addresses of all OWNERs of the firm or names and titles of all officers of the corporation: n (9) Number of years experience as a Contractor (10) Number of years experience with municipal landscape maintenance contracts 3,-, �-- Ar-k A _; (11) California State Pest Control Applicators License (QAL) for chemical applications catqgory B License Number and Name of Licensed Personnel: 40 ArZV041% (?CA -13/5(1 IVA., A%LTrtiCir SsS?3 0-4L (12) Local Office r Address: �i s3vN 'C (Q �� L �d NV Phone: (13) Emergency Contact Person Name and Phone C30770 SECTION 1, CONTRACT DOCUMENTS Page 12 (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 aii 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 naqe of the person who inspected the site of the proposed work for your firm J�b�s'Fi�,_ l�i'/r e6� (16) This bid was prepared by: Name (print) Signature -�-- Telephone 7 0 7) Contact person: Name (print) Telephone 7, a — `f % 2 - s Contractor hereby swears under penalty of perjury that the information provided is true and correct. TBy: Title: ' �t Signature Contractor C30770 SECTION 1, CONTRACT DOCUMENTS Page 13 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO.902-11, CONTRACT NO. C30770 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) being first duly sworn, deposes and says that he/she is of 411il li Li e 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: 44, ignature (Contractor) State of California County of i/.A ads Title (Contractor) Jurat Certificate MARIA J. SCHAEFFER Commission # 1854340 z Notary Public - California Orange County My Comm. Expires Jun 16, 2013 t Subscribed and sworn to (or affirmed) before me on this �� day of I' t (month), 4 (year), by L� 414' o! _ J � 11" r -�' r �I'1 � =(i%i t , w f € ) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary ?. ,l (Seal of Notary) C30770 SECTION 1, CONTRACT DOCUMENTS Page 14 _ BOND# 20-SUR-211984 Premium: Included CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2,2011-2012 PROJECT NO.902-11, CONTRACT NO. C30770 CONTRACTOR'S PROPOSAL SUBMISSION FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, Pinnacle Holdings Group, Inc. That we, dba Pinnacle Landscape Company and American Safety Casualty Insurance Company as Principal, firmly bound unto City of Palm Desert (Owner) in the sum of $ aS, 000te00 are held and 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. THE 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 02: 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 10, 2011 is accepted by City of Palm Desert, and if the above bounden Principal Pinnacle 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 then this obligation shall become null and void; otherwise it she I be and remain contractuired by said full, and effect. Should it become necessary for City to institute a lawsuit, or any other legal proceeding to enforce the terns and conditions of this bond, then all costs of said proceeding, including attomey's fees, shall be awarded to the prevailing party. * Inc. dba Pinnacle Landscape Company (Remainder of thisP490 has intentionally been /off blank. Signature blocks are contained on the next page] I N WITNESS WHEREOF, We hereunto set our Hands and Seals this 9th- day Qf May 2011 Contractor's Name: Pinnac e Holdin�k Group, Inc. *a Pinnacle Landscape Corona Contractor's Signature: Title: Address: 2200 South Fairview Dr., Santa Ana, CA 92704 Telephone: 714-4 34- 7 4 7 2 Surety's Name: American Safety Casualty Ilu�urance Company Surety's Signatu Title: Anthony F. Angelicola, Attorney -in -Fact Address: 444 Ocean Blvd., 18th flr., Long Beach, CA 90802 Telephone: 818-871-1080 NUMBER 20-SUR-211984 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 appoints 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 suretyshio executed under this authority shall exceed in amount the sum of "ONE MILLION DOLLARS ($1,000,000.00) - This Power of Attorney 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, 2000. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-irr-fact or agents with authority as defined or limited inthe instrument evidencing the appointment ineach case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings. rec ognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -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: (1) 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-Preaident or Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a du ty authorized attorney -in -fact or agent;; or (iiQ when duly executed and sealed (if a seat 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 or 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 shalt have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused 49 official seal to be hereunto aftixxed, and these presents to be signed by its President and attested by its Secretary this a day of August, 2W9 1-1 Ambui Jain I�,- STATE OF GEORGIA l COUNTY OFCOSS } On this 6' day of August, 2009, before me personally come Jose�ph D. Scoilo, Jr., to me known, who, being by me duly swom, 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 instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he Waned his name thereto by like order. ,.r 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 Georgia Dated this 9 day of _ May, 2011 t� f+ rssn % Arnbul Jain .... 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 CONDUCTION WITH THE ORIGINAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On May 9, 2011 before me, Maureen E. Schmidt,notary public Date Here Insert Name and Title of the Officer personally appeared Anthony F. Angelicola Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/ane subscribed to the within instrument and acknowledged to me that he/Abod hety executed the same in his/h m&mk authorized capacityome and that by hisBo;gdtheir signature(* on the instrument the person(st), or the entity upon behalf of *' MAUREEN E. SCHMIDT which the person(a) acted, executed the instrument. U a. CCWW.#1788877 NOTARY FUaL!C • CALIFORNIA +� 1 certify under PENALTY OF PERJURY under the laws SAN F�RANCISCO COUNTY 0 of the State of California that the foregoing paragraph is COWW. EX?!RES FEB. 11, 2012 true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 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) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — E Partner — ❑ Limited ❑ General Attorney in Fact C Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L INT Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ C Partner — ❑ Limited , General G Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NabonalNotary.org Item 115907 Reorder: Call Toll -Free 1-600-876-6827 Contract No. C30770 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 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. 2 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 - Eight Thousand One Hundred Sixty Dollars ($) 68,160 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. C30770 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. C30770 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: 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 CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30770 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her/their authorize his/her/their signature(s) on the instrument the person(s), which the person(s) acted, executed the instrument. a d to be the person(s) whose acknowledged to me that capacity(ies), and that by or the entity upon behalf of 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) Contract No. C30770 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 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. 2 PROJECT NO. 902-11, CONTRACT NO. C30770, (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 -Eight Thousand One Hundred Sixty Dollars ($168,160.00), 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. C30770 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: M 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) Contract No. C30770 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 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 2 PROJECT NO. 902-11 CONTRACT NO. C30770 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 -Eight Thousand One Hundred Sixty Dollars ($68.160.00), 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. C30770 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 INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL w a W > Q Y W WC F O s GERALD FORD DR N FRANK SINATRA DR 1 w COUNTRY CLUB DR a HOVLEY LN W g O f K N� sT Y TR 9 T u FN�Y 70 e FRANK SINATRA DR T 9�9R�sk Rai 0 P COUNTRY CLUB DR HOVLEY LN E MAGNESIA FALLS DR N J H � Y PARK VIEW DR a < 0 p w I W O a z CALIFORN1p i to z T = FRED WARING DR FRED WARING DR Z g _ y T a w �O ' ( r W m HWY 111 EL PASEO MOUNTAIN DR O =a j FAIRWAY DR' _ h GRAPEVINE ST g OI �I HAYSTACK RD W MESA VIEW D/+ PORT01.0'p