HomeMy WebLinkAboutHA36450 California Villas Lndscp ImprvmntMEETING DATE:
REQUEST:
Recommendation
Contract No. HA36450
STAFF REPORT
PALM DESERT HOUSING AUTHORITY
HOUSING DEPARTMENT
November 16, 2017
Authorize the award of Contract No. HA36450 to Kirkpatrick
Landscaping Services, Inc. for the California Villas Landscape
Improvement Project in the total amount of the base bid of
$93,418.50 plus $18,684 contingency.
By Minute Motion, that the Authority Board,
1) Waive any and all irregularities and authorize the award of Contract No.
HA36450 with Kirkpatrick Landscaping Services, Inc. for the California
Villas Landscape Improvement Project (the "Project"). The contract will be
in a total amount not to exceed $93,418.50 plus 20% contingency for
unforeseen conditions not to exceed $18,684 pursuant to VeriClaim File
15017050 approval; and
2) Authorize the Executive Director or designee to review and approve
written requests for the use of the contingency amount of $18,684 for
unforeseen conditions; and
3) Authorize the Executive Director and/or the Chairman to execute the
negotiated contract and any documents necessary to facilitate the contract
award and project.
Monies are available in the FY 2017/2018 Authority's capital replacement budget,
however this item is subject to an insurance claim and is expected to be
reimbursed Tess the deductible.
Committee/Commission Recommendation
The Housing Commission will review this recommendation at its regular meeting of
November 15, 2017. Upon request, a verbal report will be provided at the Authority's
regular meeting of November 16, 2017.
Strategic Plan
This request does not apply to a specific strategic plan goal.
Contract No. HA36450
November 16, 2017 Meeting - Staff Report
Housing Authority — Authorize award of contract to Kirkpatrick Landscaping
Page 2 of 3
Background Analysis
On July 30, 2015, the Authority owned affordable housing community, California Villas
Apartments, located off California Drive, experienced a wind event and microburst. The
property sustained severe damage including the Toss of approximately 80 trees. Staff
filed an insurance claim and the insurance provider approved the claim and all
necessary repairs at community along with any landscape improvements.
In order to restore the property's landscaping, on September 28, 2017 and October 5,
2017, a notice inviting bids was advertised in the local newspaper for the Project. On
Wednesday, October 18, 2017, at 2:00 p.m., bids were opened and read aloud by the
City Clerk with the following bids received:
Corparty,
Kirkpatrick Landscaping Services Inc. Indio, CA
Clean Cut Landscape Inc. Clovis, CA
Urban Habitat Environmental La Quints, CA
Landscapes
Location
STL Landscape Inc. Los Angeles, CA
Southern California Landscape, Inc. Fontana, CA
California Landscape and Design Upland, CA
ourlt
$93,418.50
$113,988.45
$117,986.12
$139,190
$177,872
$268,686.83
The lowest responsive bidder is Kirkpatrick Landscaping Services Inc. ("Kirkpatrick") in
the amount of $93,418.50. Staff recommends that the Authority Board award a contract
to Kirkpatrick for the Project in the total amount of the base bid of $93,418.50, plus 20%
contingency for for any additional unforeseen conditions necessary to be completed not
to exceed $18,684. Staff also recommends that the Executive Director be authorized to
review and approve written requests for the use of the contingency for unforeseen
conditions that require additional work.
Fiscal Analysis
The fiscal impact of this contract is the cost of the contract itself in the amount of
$93,418.50 plus 20% contingency in the amount of $18,684 (for unforeseen conditions)
Contract No. HA36450
November 16, 2017 Meeting - Staff Report
Housing Authority - Authorize award of contract to Kirkpatrick Landscaping
Page 3 of 3
which will be paid from the FY 2017/2018 Authority's capital replacement budget,
however this item is subject to an insurance claim and is expected to be reimbursed
less the deductible.
d by: Jessi
LEGAL REVIEW
N/A
nzales, Senior Management Analyst
DEPT. REVIEW
William L. Strausz .1 arx�t Moore
Legal Counsel Director of Finance
FINANCIAL REVIEW CITY MANAGER
n Moore Lauri Aylaian
Director of Finance
APPLICANT: Kirkpatrick Landscaping Services, Inc.
43-752 Jackson Street
Indio, CA 92201
Executive Director
ATTACHMENTS: Kirkpatrick Landscaping Services, LLC Bid Form Submittal
Draft Contract
HOUSG AUTH
ON .N-16711
VERIHED BY: ...1(2:1DILI tt Iwt
Original on file with City Clerk's Offio
SECTION 00400
BID FORM
BID FORM
NAME OF BIDDER: Kirkpatrick Landscaping Services, Inc.
The undersigned, hereby declare that we have carefully examined the location of the
proposed Work, and have read and examined the Contract Documents, including all
plans, specifications, and all addenda, if any, for the following Project:
CALIFORNIA VILLAS LANDSCAPE IMPROVEMENT PROJECT
CONTRACT NO. HA36450
We hereby propose to furnish all labor, materials, equipment, tools, transportation,
incidentals and services, and to discharge all duties and obligations necessary and
required to perform and complete the Project in strict accordance with the Contract
Documents for the SUBMITTED TOTAL BID PRICE.
In the event the bid schedule requires unit pricing, final payment shall be determined by
the Authority from measured quantities of work performed based upon the unit price.
Item Description Units Approximat Unit Cost Total Amount
No. e Quantity
1 Clearing and Grubbing LS 1 $ 6,900.00 $ 6,900.00
2 Grade Adjustments LS 1 $ 2,450.00 $ 2,450.00
6,453.00 6,453.00
3 Irrigation System Retrofit LS 1 $ $
Ninety (90) Day Plant 3,580.00 3,580.00
4 Establishment and LS 1 $ $
Maintenance
5 Acacia Aneura 24' box Each 6 $ 424.00 $ 2,544.00
6 Lysiloma Thornberi 24' box Each 4 $ 424.00 $ 1,696.00
936.00 11,232.00
7 Tipuana Tipu 36' box Each 12 $ $
8 Ulmus Parvifolia 36' box Each 11 $ 1,036.00 $ 11,396.00
9 Chamaerops Humilis 24' box Each 4 $ 424.00 $ 1,696.00
SECTION 00400
BID FORM
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77802.00000\24431586.2 PDHA Calrfomia Villas landscape Improvement Project Contract No. HA36450
SECTION 00400
BID FORM
Item Description Units Approximat Unit Cost Total Amount
No. e Quantity
10 Hamelia patens 5 gallon Each 10 $ 42.00 $ 420.00
11 Cordia Parvifolia 5 gallon Each 17 $ 42.00 $ 714.00
42.00 924.00
12 Dasylirion Wheeleri 5 gallon Each 22 $ $
42.00 1,386.00
13 Euphorbia rigida 5 gallon Each 33 $ $
14 Hesperaloe parviflora Each 26 $ 42.00 $ 1,092.00
'Yellow' 5 gallon
15 Lantana M. 'Gold Mound' Each 10 $ 36.00 $ 360.00
5 gallon
Leucophyllum frutescens 36.00 540.00
16 'Green Cloud' Each 15 $ $
5 gallon
17 Euphorbia milli 5 gallon Each 51 $ 42.00 $ 2,142.00
18 Kalanchoe-Iuciae-visoflora Each 21 $ 23.00 $ 483.00
1 gallon
19 Echeveria-Lilacina 1 gallon Each 6 $ 23.00 $ 138.00
20 Sedum morganianum Each 8 $ 23.00 $ 184.00
1 gallon
21 Sedum trolli 1 gallon Each 15 $ 23.00 $ 345.00
22 Sedum spathufolium 1 gallon Each 31 $ 23.00 $ 713.00
23 Echeveria subrigida 1 gallon Each 29 $ 23.00 $ 667.00
24 Sempervivum calcareum Each 18 $ 23.00 $ 414.00
1 gallon
25 Bougainvillea 'Barbara Karst' Each 50 $ 145.00 $ 7,250.00
15 gallon vine
26 Rose spc. 'Lady Bank Rose' Each 2 $ 145.00 $ 290.00
15 gallon vine
27 Overseeded with perennial SqFt 1,000 $ 35 $ 350.00
rye Hybrid Bermuda Sod
SECTION 00400
BID FORM
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77802.00000124431536.2 PDHA Califomia Vilas Landscape Improvement Project Contract No. HA36450
SECTION 00400
BID FORM
Item Description Units Approximat Unit Cost Total Amount
No. e Quantity
28 Edging Linear 120 $ 9.50 $ 1,140.00
Feet
29 Desert Select Boulder 2' Each 36 $ 175.00 $ 6,300.00
Diameter
30 Desert Select Boulder 3' Each 25 $ 236.00 $ 5,900.00
Diameter
Baja Crest Rip Rap Sq Ft 1,193 $ 11.50 $ 13,719.50
31 3" to 9" Diameter
GRAND TOTAL $
$ 93,418.50
Bidders must provide pricing for every bid item.
The estimated quantities for unit price items are for purposes of comparing bids only
and the Authority made no representation that the actual quantities of work performed
will not vary from the estimates.
In case of discrepancy between the unit price and the line item cost set forth for a unit
price item, the line item cost, calculated at the unit price multiplied by the estimated
quantity, shall prevail and shall be utilized as the basis for determining the lowest
responsive, responsible bidder. However, if the amount set forth as a unit price is
ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same
amount as the entry in the "Line Item Cost" column, then the amount set forth in the
"Line Item Cost" column for the item shall prevail and shall be divided by the estimated
quantity for the item and the price thus obtained shall be the unit price. If any of the
above discrepancies exist, the Authority may recalculate the bid price on the basis of
the unit price and the bidder agrees to be bound by such recalculation. Final payment
for unit price items shall be determined by the Authority from measured quantities of
work performed based upon the unit price.
TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES):
$ 93,418.50
Total Bid Price in Numbers
Ninety -Three Thousand Four Hundred Eighteen Dollars and Fifty Cents
Total Bid Price in Written Form
SECTION 00400
BID FORM
- 13 -
77802.00000124431586.2 PDHA Califomia Villas Landscape Improvement Project Contract No. HA36450
SECTION 00400
BID FORM
In case of discrepancy between the written price and the numerical price, the written
price shall prevail.
The undersigned agrees that the bid accompanied by this Bid Form constitutes a firm
offer to the Authority which cannot be withdrawn for the number of calendar days
indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract
for the Work is fully executed by the Authority and a third party, whichever is earlier.
If the Contract Documents specify alternate bid items, the Alternate Additive or
Deductive Bid amounts shall be added to or deducted from the Total Bid Price at the
Authority's sole option. The Authority can choose to include one or more of the
Alternate Bids in the Project. If any of the Alternate Bids are selected by the Authority,
the resulting amount shall be added to or deducted from Total Bid Price for the Project.
The Authority may select one or more of the Alternate Bids at the stated Bid Price up to
sixty (60) days following award of the Contract. The Authority can award/select
Alternate Bid items at any time(s).
The Contract duration shall commence on the date stated in the Authority's Notice to
Proceed, and shall be completed by the Contractor in the time specified in the Contract
Documents. In no case shall the Contractor commence construction prior to the date
stated in the Authority's Notice to Proceed, or before providing the required bonds and
evidence of insurance.
Bidder certifies that it is licensed in accordance with the law providing for the registration
of Contractors, License No. 503360 , Expiration Date 12/31/2018 , class of license
C-27ID-9 Bidder certifies that it is registered with the Department of Industrial Relations to
perform public work, Registration No.1000008332 . If the bidder is a joint venture, each
member of the joint venture must include the above information.
The undersigned acknowledges understanding and full consideration of the
electronically issued addenda to the Contract Documents.
1. Attached is the required bid security in the amount of not Tess than 10% of
the Total Bid Price.
2. Attached is the fully executed Non -Collusion Declaration form.
3. Attached in the completed Designation of Subcontractors form.
4. Attached is the completed Bidder Information Form.
5. Attached is the completed Iran Contracting Act Certification.
SECTION 00400
BID FORM
-14-
77802.00000124431586.2 PDHA California Villas Landscape Improvement Project Contract No. HA36450
SECTION 00400
BID FORM
6. Attached is the completed Contractor's Certificate Regarding Workers'
Compensation form.
I hereby certify under penalty of perjury under the laws of the State of California, that all
of the information submitted in connection with this Bid and all of the representations
made herein are true and correct.
Name of Bidder Kirkpatriccaping ices, Inc.
Signature
Name and Titles n Kirkpatrick, President
Dated October 17, 2017
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
SS.
County of Riverside j� ( ) f' Yin
On V l�k fl , 20 before me, Y Ul Wan ran , a
NotaryPublic,personally eared Li rv. Gi, j , who proved
P Y PP . c���� P
to me on the basis of satisfactory evidence to be the person() whose name(,96 is/a{e subscribed
to the within instrument and acknowledged to me that he/sl/th4y executed the same in
his/h /t it authorized capacity(is ), and that by his/h/r/tVeir signature on the instrument the
person r , or the entity upon behalf of which the person0 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.
T : SS ny hand and official seal.
Signature
7780200000124431586.2
MARLA GUZMAN
COMM..2115525
NOTARY PUBLIC • CALIFORNIA a
RIVERSIDE COUNTY
Commission EreJl1NE 142019
END OF BID FORM
SECTION 00400
BID FORM
- 15 -
PDHA California Villas Landscape Improvement Project Contract No. HA36450
SECTION 00405
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated
Kirkpatrick Landscaping Services, Inc.
Steven Kirkpatri
President
October 17, 2017
END OF CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
SECTION 00405
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION
-16-
77802.000001244315862 Calibmia Landscape Improvement Project Contract No. HA36450
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A Notary. Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of tluit document.
State of California c�` //��
County of P-i\��v� �/l-fi
OnOV Rfl before me, i\JLiVI1 15147/WIA
►� `
11fcre insert name and lute or the onicerl
, Notary Public ,
personally appeared -.\-t\Je' t ¥-i Y Kfri — --
who proved to me on the basis of satisfactory evidence to he tl c person } whose name(f is/ar/suhscribed to
the within instrument and acknowledged to me that he/sh/7th/y execut •d the same in his/her/tJeir authorized
capacity's). and that by his/4144k sisgnature(4' on the instrument the person/. or the entity upon behalf of
which the persoi 4acted, 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.
I1Y my kind and olicihI seal.
kognaturen Potato Public
MARLA GUZMAN
COMM.*2115525
NOTARY PUBLIC • CALIFORNIA-3
RIVERSIDE COUNTY
Commission Expires JUNE 14 2019
lhoaar Seal)
ADDITIONAL OI'TJONAL INFORMATION
1NS"1R11C•"I IC.)NS FOR COMPLETING THIS FORM
.inr ackamrledgm'oi enmplr,ed in (blifinniu MUM t'nnnnl, verbiage esacth• as
DESCRI'T it" OF -fI IF. A" FACIIED DUC MEN-,. appears ohms,. to the notru1• section a, a reparote uckn.,,rh'J•enl:m font num, be
praperh completed aid attached to that ,locomen. I he mill escepton Is 1) a
dorrnmwm ,c to be rr'co,- /ed outside o (•ah(i,nnu In euclr ursrarn'ra, am alternative
uo.hnun•ledment rer$ru):e ref soar be printed on such a ,lot rotten, .so bog as the
verbiage, dnec sun , cattle a the iota,.y to din .something that is illegal Jr, el nowrr 117
('al,/ o,lic, 0 a rern/i•mG the amharced capacity of the ,.icier,. Plem,' ..heck the
document coedit/kilo. proper ,Moist n urdi„v um7attach this liwrit i7reyielred
1 I ills on de crnpuun ofattached dortuncnt)
l fide or tact anion of attached document cone` weed)
Number orl'a_'es 4 Document Uateh{ I1 11- .
_
(Additional 'incarnation))
CAPACITY CLAIMED BY THE SIGNER
C I Individual (s)
11 Corporate Officer
ride)
CJ Partner(s)
L Attomey-in-Fact
1-1 Trustee(s)
IT Other
• State and Count; information must he the Si,:;and County cohere the document
>ipsr Ts) pc,.u,nalll appeared before the WWI pith!), fin ack,mv.lcdgmeni
• Date of notarization must he the date that the signer(s) personally appealed nhnch
11IUSl also he the some date the acknocc ledgmeit.I Is rampieted
• 'I he notary public must print his or hen name as a appears within hn' or net
colnnlis7I011 lirlluwcd by a nnnnta;uid then our title (nuutn• pubic)
• Print the name) of document signertsl who personally appear at the time of
nolarie tam
• Indicate the coned singular in plural looms by crossing off mcoirect forms ti c
Iteishrrthe is hse ) or circling the correct forms Failute to correctly• indicate this
information may lead to refection of document recording
• 'tie notary seal impression must be clear and phou,graphically reproducible
Impression must not cover text or Imes lr seal impression smudges. re -seal 11 .I
sufficient area permits, otherwise complete a Different acknowledgment limn.
• Signature of the notar\ public must match the denature on File with the office of
the uauniv clerk
Additional information is not acquired but could help to ensure this
acknowledgment is not misused or attached to ,. diffcient document
• Indicate title or type ol'attached document, number of pages and date
Indicate the capacity claimed by the signer If the claimed capacity is a
ruminate officer. indicate the hair (I r CFO. CFO. Secretary)
• Necureic attach this document to the wend document
DRAFT FOR DISCUSSION - Contract No. HA36450
CONTRACT
THIS CONTRACT is made this 16th day of November, 2017, in the County of
Riverside, State of California, by and between the Palm Desert Housing Authority,
hereinafter called Authority, and Kirkpatrick Landscaping Services, Inc., hereinafter
called Contractor. The Authority and the Contractor for the considerations stated herein
agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time
stipulated the Contract and shall provide all labor, materials, equipment, tools, utility
services, and transportation to complete all of the Work required in strict compliance
with the Contract Documents as specified in Article 5 below for the following Project:
CALIFORNIA VILLAS LANDSCAPE IMPROVEMENT PROJECT
CONTRACT NO. HA36450
The Contractor and its surety shall be liable to the Authority for any damages arising as
a result of the Contractor's failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of
the Work. The Work shall be commenced on the date stated in the Authority's Notice to
Proceed. The Contractor shall complete all Work required by the Contract Documents
within 90 calendar days from the commencement date stated in the Notice to Proceed,
hereinafter the Contract Time. By its signature hereunder, Contractor agrees the
Contract Time for completion set forth above is adequate and reasonable to complete
the Work.
ARTICLE 3. CONTRACT PRICE. The Authority shall pay to the Contractor as full
compensation for the performance of the Contract, subject to any additions or
deductions as provided in the Contract Documents, and including all applicable taxes
and costs, the sum of Ninety Three thousand Four Hundred Eighteen Dollars and
Fifty Cents ($93,418.50), hereinafter the Contract Price. Payment shall be made as set
forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the
Authority will sustain actual damages for each and every day completion of the Project
is delayed beyond the Contract Time. Because of the nature of the Project, it would be
impracticable or extremely difficult to determine the Authority's actual damages.
Accordingly, as provided in Government Code section 53069.85, it is agreed that the
Contractor will pay the Authority the sum of $350 for each and every calendar day of
delay in completing the Work beyond the time prescribed in the Contract Documents for
finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the
event the Liquidated Damages are not paid, the Contractor agrees the Authority may
SECTION 00500
CONTRACT
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77802 00000\24431586 2 California Villas Landscape Improvement Project Contract No HA36450
DRAFT FOR DISCUSSION - Contract No. HA36450
deduct that amount from any money due or that may become due the Contractor under
the Contract. This Article does not affect the Authority's rights to other damages or
remedies specified in the Contract Documents or allowed by law.
Should Contractor be inexcusably delayed in the performance of the Work, Authority
may deduct Liquidated Damages based on its estimate of when Contractor will achieve
Final Completion or other milestones. Authority need not wait until Final Completion to
withhold Liquidated Damages from Contractor.
Liquidated Damages are not a penalty but an agreed upon estimate of the actual
damages that would be sustained by the Authority for delay, including but not limited to
Toss of revenue, inconvenience to the Authority and the public, and increased Project
administration expenses, such as extra inspection, construction management, staff time
and architectural and engineering expenses. Liquidated Damages do not include actual
damages the Authority incurs on account of claims by third parties against the Authority
on account of any delay.
Should money due or to become due to the Contractor be insufficient to cover
Liquidated Damages or other offsets due, then Contractor forthwith shall pay the
remainder of the assessed liquidated damages to Authority.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents"
include the following documents, each of which is incorporated into this Contract by
reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor's Certificate Regarding Workers' Compensation
Bid Bond
• Non -Collusion Declaration form
• Contractor Information and Experience Form
• List of Subcontractors Form
• Iran Contracting Act Certification
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals
• General Conditions
• Special Conditions
• Technical Specifications (including Appendices)
• Addenda
• Plans and Drawings
SECTION 00500
CONTRACT
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77802 00000t24431586 2 California Villas Landscape Improvement Project Contract No HA36450
DRAFT FOR DISCUSSION - Contract No. HA36450
• Approved and fully executed change orders
• Federal Requirements
• Standard Specifications for Public Works Construction (Greenbook), 2012 Edition,
except Sections 1-9
• Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract
Documents.
All of the Contract Documents are intended to be complementary. Work required by one
of the Contract Documents and not by others shall be done as if required by all. This
Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law
required to be included in these Contract Documents shall be deemed to be included in
these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including but not limited
to, the provisions of the California Labor Code and Public Contract Code applicable to
this Project.
If the Work involves federal funds, the Contractor and all its subcontractors shall comply
with all requirements set forth in the attached Federal Requirements.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth
in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing
rate of wages in accordance with the Labor Code which such rates shall be made
available at the Authority's offices, 73-510 Fred Waring Drive, Palm Desert CA 92260,
or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the
job site.
ARTICLE 9. NOTIFICATION TO AUTHORITY. Contractor acknowledges that the
Authority provides forty-eight (48) hours -notice to residents in advance of the start of
any Work that is to occur at any residential unit. Contractor shall provide sufficient
notice to the Authority before beginning any such Work so that the Authority may
provide timely notice to residents. The Authority shall be given at least 48 hours -notice
prior to the creation of any condition affecting pedestrian paths of travel. Contractor
shall continuously inform Authority of the progress of the Work or of any impacts of the
Work upon residential units or facilities.
ARTICLE 10. LOCAL LICENSES AND PERMITS. Unless the Contract Documents
state otherwise, Contractor shall be responsible for securing City of Palm Desert
business license(s), building permits, and any other licenses or permits necessary to
SECTION 00500
CONTRACT
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77802.00000`24431586 2 California Villas Landscape Improvement Protect Contract No HA36450
DRAFT FOR DISCUSSION - Contract No. HA36450
perform the Work.
IN WITNESS WHEREOF, this Contract has been duly executed by the above -named
parties, on the day and year above written.
KIRKPATRICK LANDSCAPING
SERVICES, INC.
By
Name and Title:
License No.
Registration No.
PALM DESERT HOUSING AUTHORITY
By
Name and Title:
END OF CONTRACT
SECTION 00500
CONTRACT
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77802 00000'\24431586 2 California Villas Landscape Improvement Project Contract No. HA36450
DRAFT FOR DISCUSSION - Contract No. HA36450
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as
"Authority") has awarded to Kirkpatrick Landscaping Services, Inc., (hereinafter
referred to as the "Contractor") an agreement for California Villas Landscaping
Improvement Project (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated September 28, 2017, (hereinafter
referred to as "Contract Documents"), the terms and conditions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform
the terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the Authority in the sum of
DOLLARS, ($ ), said sum being not
Tess than one hundred percent (100%) of the total amount of the Contract, for which
amount 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 the Contractor, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the Contract Documents and any alteration thereof made as therein
provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully
fulfill all obligations including the one-year guarantee of all materials and workmanship;
and shall indemnify and save harmless the Authority and City, their officers and agents,
as stipulated in said Contract Documents, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
The obligations of Surety hereunder shall continue so long as any obligation of
Contractor remains. Nothing herein shall limit the Authority's rights or the Contractor or
Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure section 337.15.
SECTION 00610
PERFORMANCE BOND
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77802 00000 \24431586 2 California Villas Landscape Improvement Project Contract No HA36450
DRAFT FOR DISCUSSION - Contract No. HA36450
Whenever Contractor shall be, and is declared by the Authority to be, in default
under the Contract Documents, the Surety shall remedy the default pursuant to the
Contract Documents, or shall promptly, at the Authority's option:
(1) Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the Authority, and make
available as work progresses sufficient funds to pay the cost of completion
of the Project, Tess the balance of the contract price, including other costs
and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount
payable to Contractor by the Authority under the Contract and any
modification thereto, less any amount previously paid by the Authority to
the Contractor and any other set offs pursuant to the Contract Documents.
(3)
Permit the Authority to complete the Project in any manner consistent with
local, California and federal law and make available as work progresses
sufficient funds to pay the cost of completion of the Project, less the
balance of the contract price, including other costs and damages for which
Surety may be liable. The term "balance of the contract price" as used in
this paragraph shall mean the total amount payable to Contractor by the
Authority under the Contract and any modification thereto, less any
amount previously paid by the Authority to the Contractor and any other
set offs pursuant to the Contract Documents.
Surety expressly agrees that the Authority may reject any contractor or
subcontractor which may be proposed by Surety in fulfillment of its obligations in the
event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety
accept a bid from Contractor for completion of the Project if the Authority, when
declaring the Contractor in default, notifies Surety of the Authority's objection to
Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the
Project to be performed thereunder 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 Documents or to the Project, including but not
limited to the provisions of sections 2819 and 2845 of the California Civil Code.
SECTION 00610
PERFORMANCE BOND
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//802 00000t24431586 2 California Villas Landscape Improvement Project Contract No HA36450
DRAFT FOR DISCUSSION - Contract No. HA36450
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of , 20).
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
By
Title
Surety
By
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and
evidence of corporate authority attached.
(Attach Attorney -in -Fact Certificate) Title
The rate of premium on this bond is
premium charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
per thousand. The total amount of
SECTION 00610
PERFORMANCE BOND
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77802 00000\24431586 2 California Villas Landscape Improvement Project Contract No HA36450
DRAFT FOR DISCUSSION - Contract No. HA36450
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California
County of
On before me,
(insert name and title of the officer)
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 Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
SECTION 00610
PERFORMANCE BOND
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77802 00000\24431586.2 California Villas Landscape Improvement Protect Contract No HA36450
DRAFT FOR DISCUSSION — Contract No. HA36450
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the
"Authority"), by action taken or a resolution passed November 16, 2017 has awarded to
Kirkpatrick Landscaping Services, Inc. hereinafter designated as the "Principal," a
contract for the work described as follows:
California Villas Landscaping Services Project (the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set
forth in the Contract Documents for the Project dated June 24, 2017 ("Contract
Documents"), the terms and conditions of which are expressly incorporated by
reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract; providing that if said Principal or any of its Subcontractors shall fail to pay for
any materials, provisions, provender, equipment, or other supplies used in, upon, for or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for
the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as
Surety, are held and firmly bound unto the Authority in the penal sum of
Dollars ($ ) lawful
money of the United States of America, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to
pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any
materials, provisions or other supplies, used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind, or amounts
due under the Unemployment Insurance Code with respect to work or labor performed
under the contract, or for any amounts required to be deducted, withheld, and paid over
to the Employment Development Department or Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties
will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100
of the Civil Code so as to give a right of action to such persons or their assigns in any
suit brought upon this bond.
SECTION 00620
PAYMENT BOND
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77802 00000124431586 2 California Villas Landscape Improvement Project Contract No HA36450
DRAFT FOR DISCUSSION — Contract No. HA36450
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of
time for performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety
be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner or Authority and original contractor
or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has
not been paid the full amount of his claim and that Surety does hereby waive notice of
any such change, extension of time, addition, alteration or modification herein
mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20.
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
By
Title
Surety
By
Title
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notified and evidence
of corporate authority attached. A Power -of -Attorney authorizing the person signing on
behalf of the Surety to do so much be attached hereto.
SECTION 00620
PAYMENT BOND
-10-
77802 00000124431586 2 California Villas Landscape Improvement Project Contract No HA36450
DRAFT FOR DISCUSSION — Contract No. HA36450
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California
County of
On before me,
(insert name and title of the officer)
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 Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
SECTION 00620
PAYMENT BOND
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77802 00000\24431586 2 California Villas Landscape Improvement Project Contract No HA36450