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HomeMy WebLinkAboutC30800 Landscape Maintenance Area (LMA) No. 19 919-11Contract No. C30800 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30800 FOR LANDSCAPE MAINTENANCE AREA NO. 19 TO ALL SEASONS LANDSCAPE & DESIGN, INC., OF CHERRY VALLEY, CALIFORNIA, IN THE AMOUNT OF $38,052 AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT OR $7,610 (PROJECT NO. 919-11) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: All Seasons Landscape & Design, Inc. 8701 Apple Tree Lane Cherry Valley, CA 92223 DATE: May 26, 2011 CONTENTS: Proposal Agreement Payment Bond Performance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C30800 for Landscape Maintenance Area No. 19 to All Seasons Landscape & Design, Inc., of Cherry Valley, California, in the amount of $38,052; 2. Include repair work and services at the specified contract amount not to exceed 20 percent of contract amount or $7,610; and 3. Authorize the Mayor to execute the contract. Funds are available in Account No. 451-4388-433-4001, PW Perimeter Landscaping/Capital Outlay. Contract No. C30800 Staff Report Award Landscape Maintenance Area No. 19 May 26, 2011 Page 2 of 2 Background The Palm Desert Redevelopment Agency is funding the landscape maintenance of the Larkspur Lot and lower Desert Willow Temporary Parking Lot; therefore, the bid required prevailing wage payments. The existing Landscape Maintenance Areas are non -prevailing wage; as a result, Landscape Maintenance Area 19 was established. On April 29, 2011, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 19. Bids were opened and read aloud on Tuesday, May 10, 2011, at 1:30 p.m. with the following results: Contractor Location Price 1 All Seasons Landscape & Design Cherry Valley, CA $38,052 Staff reviewed the bid documents of the lowest and only bidder, All Seasons Landscape & Design, Inc., 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 beyond the contract amount. cer 32ht Mark Greenw od, P.E: ape acier Director of P lic Works aul S. Gibson, Director of Finance M. Wohlmuth, City Manager CITY COUNCILACITON APPROVED DENTF,D RECEIVED OTHER i a 11/Ak7".r R W&I lry ti �1 1. WINE; Original on File with City CWrk's Office CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO.919-11, CONTRACT NO. C30800 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 TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS 0 I Undersigned hereby acknowledges receipt of the number of Addendums circled (you MUST circle a number) 0 1 2 3 4 5 Company: i $ �- � L.%..., ',. ..1 L..._o<kf .:+ ^^'"""OVB..JW ��'_t • .v KC1..«-... Address: tt Telephone: Fax: .. r Bid Prepared By: Title: Acl, Signature: Dater C30800 SECTION 1, CONTRACT DOCUMENTS Page 8 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO.919-11, CONTRACT NO. C30800 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 MONTHLY ANNUALLY 1. Desert Willow Lower Parkin Lot $ Z Q $ 3�t'Z CIO 2. Lark -spur Lot $ 1174, �7 $ -712' co TOTAL $ $ (annual total must match total on previous page) 2, / 7i I I III Jill Jill illiq II Jill � III III Jill ii CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO.919-11, CONTRACT NO. C30800 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. Contract Amount 2 3 Class of Work REFERENCES f Completion Date Contact Person A , Name X4111 Business Name Address Phone Name Business Name s rttjt` ( ✓F Address Phone Business Name Address :'C ` O 1)2 J � Phone CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO.919-11, CONTRACT NO. C30800 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. K r W, 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. CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO.919-11, CONTRACT NO. C30800 CONTRACTOR'S PROPOSAL SUBMISSION FORMS BIDDER INFORMATION The bidder is required to supply the following information. Additional sheets may be attached if necessary. .. r 1 Physical Address ��, . _ tzc _. v /9 t.�t ifi (2) MailingAddress (3) Telephone No. 4 Type of Firm Individual, Partnership or Corporation O Yp ( p p ) � (5) Corporation organized under the laws of the State of -41-'`Alleta-.. (6) City of Palm Desert Business License No. (7) C-27 Contractor's License No.c_= Exp. Date (8) List the names and addresses of all OWNERs of the firm or names and titles of all officers of the corporation: t Vic (9) Number of years experience as a Contractor .� '- (10) Number of years experience with municipal landscape maintenance contracts -) --t-- (11) California State Pest Control Applicators License (QAL) for chemical applications category B License Number and Name of Licensed Personnel: (12) Local Office Address: k, _ tij 1�._� , t r r ! 4 r m� Phone: (µlot" (13) Emergency Contact Person Name and Phone (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: Al rjA k-` License Number: Address: Telephone: Work to be performed: f (15) the name of the pepton who inspected the site of the proposed work for your / firm Ftn" a) 1 1L1 z - (16) This bid was prepared by: Name (print) Signature Telephone _fbg /al (17) Contact person: Name ��� I��l..�� L... (print) Telephone OIL qLlr, Contractor hereby swears under penalty of perjury that the information provided is true and correct. By Title:. yLl � ,, Contractor CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO.919-11, CONTRACT NO. C30800 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) /i Z_ , being first duly sworn, deposes and says that he/she is of i 2 ltoe'yv i — , 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. Signature (Contractor) State of California County of�t�(Sf Jurat Certificate Title (Contractor) LINDA ROCHA Commission # 1777932 Notary Public - California = Z Riverside County ' MyComm.EVkesNov23, 2011 Subscribed and sworn to (or affirmed) before me on this J day nf (month), ©I (year), by , proved to me on the b is o satisfacto idence to be the per n(s) who appeared before me. Signature of Notary (Sea] of Notary) C30800 SECTM 1, CONTRACT DMUMENTS Page 14 BOND NUMBER: 1000883191-02 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO, 19, 2 1 -2rs` PROJECT NO. 919-11, CONTRACT NO. C30 CONTRACTOR'S PROPOSAL SUBMISSION FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, ALL SEASONS LANDSCAPING & DESIGN, INC. sy and AMER.ICAN CONTRACTORS INDEMNITY COMPANY as Surety, are heid ar firmly bound unto City of Pakn Desert (Owner) in the sum of $ 6,000.00 4y of Principal's bid), to be paid to the said Owner or its certain attorney, its suvcei*or and assigns; for which payment, well and truly to be made, we bind ourselves, our lam, 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 abov9 bounden Principal to perform certain work described as follows: LANDSCAPE MAINTO ANCE AREA 19: The general items of work to be done t4r0under consist of, but are not limited to, landscape, irrigation, hardscapes, and hadscape maintenance MAY 2011 is accepted by City of Palm Desert, and x+ridert PMo#W. ALL SEASONS *$hail duly enter into and W# for such c t%c Lion, and shed excite and dekverthe Performarm ~ BoW and 10 rance ce0kobas as refired by said contract, then n sW becme"nu# and void; otherwise it shy be ar cl mraln in fWI force a a: a e;: s♦ a:♦cam . a tle ♦ 5 ze ♦ s - _ s .. a a `c:�c- a�a: e!+z:a ti • - a z .s s as - ♦ a e; a �:.�-♦ • t,.o zra r i t i& i left blank, * LANDSCAPING A DESIGN, INC. IN WITNESS WHEREOF. We hereunto set our Hands and Spals this YTH--.. 1 day of MAY -- 20_1L__. Contractor's Contractor's Address: 8701 APPLE TREE LAN ES VALLEY, CA 92223 Telephone: Surety's Name: A14ERICAN CONTRA6CTORS INDEMNITY COMPANY Surety's SignaWre:_ Title: KHOI.TW. ATTORNEY —IN -FACT Address: 625 THE CITY DRIVE $0-,.f 30. ORANGE, CA 92868 Telephone: 740-7000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ ORANGE On MAY 9, 2011 before me, __ CHRIS T13EVENY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared VUrnlT TRAN Names) of Signer(s) CHRIS THEVENY < -:-� �, J• Commission # 1797107 Notary Public -California � C.Inge County E res flay 2, 2012 My con-vn. Place Notary Seal Above 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 anc' ^^•�^ WITNE1c Signatur OPTIONAL f nougn 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: BOND NuMBER: 1000883191-02 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: RHOI TRAN ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General IN X Attorney in Fact - ❑ Trustee Top of thumb here 6 El Guardian or Conservator El Other: Signer AMERpenM ICANCOeTORS IND Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMSPRINT OF SIGNER TOP of thumb here `✓ 4-✓4C�4'✓.4`•✓.•y4•✓4•�i••✓i•yv••✓4�✓4••✓4••✓�-✓4•y4'ri✓4'ev4-y4•✓4•✓4`�i ✓4'. �.�✓S'✓4'ri4'y/'LS'L/4�S•✓SV�``�4•✓4�'�:is Li•✓'tl '✓A Ir 1 :'I I POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or Maricela Lares of Orange, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any god ail bonds, recognizanees, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Thr .e Million***** Dollars $ ** ( 3 oo()000.nn** ). This Power of Attorney shall expire without further action on September 27, 2013. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seat shalt be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 41h day of January, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals rrrnew r y. / r ss�ta.u» � �' (�,� b � SEAL. � ....a r . ' . , r + Daniel P. Aguilar, V c-.�sr e President State of California County of Los Angeles SS: On this 41h day of January, 2011, before me Jennifer Ceron, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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. • Comtnlrzsioa s I N8484 Signature G � (Seal) Notary Pn of • C County T Los MpNn County COMM.MY Ex k!f 64027, 2013 I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies; which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 9TH_ day of M®Y ?All Corporate Seals , I nr SAL �, '� t '° — low Bond No. 1000883191-02 , s Jeannie J. Kim, Assistant Secretary Agency No. 9007 •ox�gt►•ro.;e+►" CALIFORNIA•ACKNOWLEDGMENT Ss�t S n'�S._- <!.�Cls�.,,c�S G• Sl�.��, � S . S;w-�g;c�>,!c�.'g�ciSlj�, g g • qs�g%-�.'i�a'�.!�_'.�S�:jS;aC�c3.y,_-�_'S!cwL�.•;ac�-atsjv=ate=aS;%�S � S!�.'S,�_-'�.' State of California County of Riverside On O before me, Linda Rocha, Notary Public ate Here Insert Name and Title of the Officer personally appeared Ft �CC�ALI ��(�eZ- Name(s) of Signer(s) LINDA ROCHA Commisslon # 1777932 Notary Public - California Z Riverside County MY Comm. Eames Nov 23, 2011 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 y a d and official s y�I. Sign ture C66 u Aa- — Place Notary Seal Above Sign lure of Notary Public OPTION/ 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: 1 CA !(�" X� _C1 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT'i OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. . ,'✓',4�_✓, 4�✓, 4�✓4� 4�✓, 4�✓, 4�4`✓4� 4�✓4�✓,4v4v 4�✓�4v4�✓, ti,:�✓,4`✓4�✓, 4�✓,4� 4�✓4��4'✓4�✓4�✓,4�4�✓,4v 4�✓, 4� 4�✓4\�4L:�.Sv4�✓4`<:4l-'.�4�L�✓,4�?4�::��%4�✓ -1 1 1 � - MonnEWL, 11 1 • 1 - - : To 1 Client#: 10799 2ALLSEAS ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 5/10/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Desert Empire Insurance Services, Inc. LIC # OF09643 77-564 Country Club Drive CONTACT NAME: Matt Costello — ONE PHA/C No Ext : A/C , Now 760 360-4700 FA 760-360-4799 _ EMAIL p ADDRESS:Matt.Costello desertem ireins.com — - Palm Desert, CA 92211 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Praetorian Insurance Company 447766 INSURED All Seasons Landscaping &Design, Inc. 8701 Appletree Lane INSURERB: NorGuard Insurance Company, Inc 31470 INSURER C : INSURER D : Cherry Valley, CA 92223 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/YYYY - --- LIMITS A GENERAL LIABILITY H010001464 5/18/2010 05/18/2011 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY [9 $10O O00 DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) $ 5,000 CLAIMS -MADE OCCUR X PD Ded:5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 7, PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) - $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accidenq - $ /4 UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE H040000163 5/18/2010 05/18/2011 EACH OCCURRENCE AGGREGATE $1 QOO 000 $1 00000 X DED RETENTION $ _ —_ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE Y I N ANY PROPRIETOR/EXCLUDED? ❑ NIA ALWC233896 3/07/2011 03/07/201 X WC STATU- OTH- E.L. EACH EI ACCIDENT $1 000,000 _ E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below I ; i E.L. DISEASE -POLICY LIMIT $1 ,000,000 I i DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Job Project No. 919-11 Contract #C30800 - Landscape Maintence Area No. 19 City of Palm Desert SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 73-510 Fred Waring Dr. ACCORDANCE WITH THE POLICY PROVISIONS. Palm Desert, CA 92260 AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S172025/M168987 2DNIE Contract No. C30800 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO. 919-11, CONTRACT NO. C30800 AGREEMENT This AGREEMENT is made and entered into this 26th day of May 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and All Seasons Landscape and Design Inc. hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 19 per specifications; and WHEREAS, pursuant to said invitation, Contractor submitted a proposal, which was accepted by City for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from July 1, 2011, through June 30, 2013, or to such later date as may be agreed in writing between parties. This contract allows for an option of two one-year contract extensions based on Contractor's performance and mutual agreement. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum Thirty -Eight Thousand Fifty -Two Dollars ($) 38,052 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. C30800 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. C30800 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: All Seasons Landscape & Design, Inc. 8701 Apple Tree Lane Cherry Valley, CA 92223 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 A Municipal Corporation JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY ALL SEASONS LANDSCAPE & DESIGN, INC. Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30800 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California County of Riverside On } } SS } 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) Contract No. C30800 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO. 919-11, CONTRACT NO. C30800 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to All Seasons Landscape & Design, Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 19 PROJECT NO. 919-11, CONTRACT NO. C30800, (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 Thirty -Eight Thousand Fifty -Two Dollars ($ 38,052 ), 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. C30800 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 P R I N C I PAUContractor: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: LM 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. C30800 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO. 919-11, CONTRACT NO. C30800 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to All Seasons Landscape & Design, Inc. (hereinafter designated as "Principal'), a contract for: LANDSCAPE MAINTENANCE AREA 19 PROJECT NO. 919-11 CONTRACT NO. C30800 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 Thirty -Eight Thousand Fifty -Two Dollars ($ 38,052 ), 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. C30800 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