Loading...
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 - 11 - 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 - 12 - 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 -1- 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 -2- 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 -3- 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 -4- 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 -5- 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 -6- //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 -7- 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 -8- 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 -9- 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 -11- 77802 00000\24431586 2 California Villas Landscape Improvement Project Contract No HA36450