2024-25 Desert Concepts Constr - Park Landscape Maint Project 2023-30MEMORANDUM
40idgrai
i::lE.lEl)H.N l
DATE: June 19, 2024
TO: Jon McMillen, City Manager
FROM: Dianne Hansen, M&O Superintendent
RE: Desert Concept Constructions - Park Landscape Maintenance and On -Call Services
Project 2023-30
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on June 18, 2024 Consent Item No. 15
City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Bid
Sole Source
_a
Procurement Method (one must apply):
RFQ n 3 written informal bids
Cooperative Procurement
RFP
Select Source
Requesting department shall check and attach the items below as appropriate:
Agreement payment will be charged to Account No.:
215-7004-60691; 101-3005-60691; 3008-60691; 201 -7003 -
Agreement term: Start Date July 1, 2024 End Date June 30, 2025
Amount of Agreement, Amendment, Change Order, etc.: $ 1,180,000 per FY
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
nInsurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica Date: 6/21/2024
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
Business License No. 0006902Expires: 1/31/2025
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and Desert Concepts Construction, Inc. herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services to perform Project No. 2023-30, Park Landscape Maintenance Services and
On -Call Landscape Maintenance Services in the City of La Quinta, California pursuant to the
Request For Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which
documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting
Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Propose shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the Requests for Qualifications and Proposals.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Parks M&O Superintendent.
4. Contractor shall commence work on July 1, 2024, after the issuance of a written Notice
to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Parks M&O Superintendent at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ 1,180,000.00). All payments shall be subject
to approval by the Parks M&O Superintendent and shall be in accordance with the terms,
conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial Relations and referred
to in the Invitation to Propose, to any workman employed for the work to be performed under
this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five
Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by
any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of
California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the California
Department of Industrial Relations' Internet website at http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the
Department of Industrial Relations at the time the contract is awarded. Contractors and
Contract 1300-1
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.qov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid
proposal for a public works project submitted on or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby
notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract
for public work on a public works project unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a
surety satisfactory to City, as provided in said Specifications or Invitation to Propose, the cost of
which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
persons or damage to property, including property owned by or under the care and custody of
City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by
any negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the premises by Contractor, its officers, agents,
employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to the
provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of
the terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising
from the use or occupation by Contractor on any other premises in the care, custody and
control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
Contract 1300-2
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4)
and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this Contract, Contractor
shall not be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by Contract between the
parties or by the findings of a court of competent jurisdiction. In instances where City is shown
to have been actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of Contractor
and shall survive the termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The
City will not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and employees free
and harmless from any liability whatsoever, including wrongful death, based or asserted upon
any act or omission of principal, its officers, agents, employees or sub -contractors relating to or
in any way connected with or arising from the accomplishment of the work, whether or not such
acts or omissions were in furtherance of the work requires by the Contract Documents and
agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside,
its officers, agents, employees and Independent Architect in any legal action based on any such
alleged acts or omissions.
10. Except as otherwise required, Contractor shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts
provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall
be kept in full force and effect by Contractor during this entire contract and all premiums thereon
shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30
Contract 1300-3
days unconditional written notice to the City and shall name the City as an additional insured on
the Commercial General Liability policy only. Contractor shall furnish evidence of having in
effect and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the
Workers Compensation laws of the State of California. Failure to maintain the required amounts
and types of coverage throughout the duration of this Contract shall constitute a material breach
of this Contract.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any subcontractor
under it, upon any of the work herein mentioned, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to work at other than a rate of pay
provided by law for more than 8 hours in any one calendar day and 40 hours in any one
calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the
State of California.
12. In accepting this Contract, Contractor certifies that in the conduct of its business it does
not deny the right of any individual to seek, obtain and hold employment without discrimination
because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age as provided in the California Fair Employment Practice Act
(Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and
Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed
under this contract.
13. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an approved
program in a ratio established in the apprenticeship standards of the craft involved (Sections
1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be
denied the right to submit proposals for public projects for a period of six months in addition to
other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
Contract 1300-4
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of the
dates stated below.
Dated:
ATTEST:
./i;
Maims
Monika Radeva City ferk
APPROVED AS TO F • RM:
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By: y
illen, City Manager
Dated: v 7/14
City Attorney
Dated: 05/28/24
Name: Julio Castro
ated: /Z6 2 -
"CONTRACTOR" "CONTRACTOR"
(If corporation, affix
Address:
79-775 Ave 40 Indio
CA
92203
Street Address City
E-mail: mail@desertconcepts.net
State
Zip Code
Dated: 05/28/24 By:
Sign re
Name: Regina Castro
Address:
79-775 Ave 40
Street Address
Title: Vice -President
E-mail: maik desertconcepts.net
Indio CA 92203
City State Zip Code
Contract 1300-6
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION - PROPOSAL FORM
PARKS AND CIVIC FACILITIES
TOTAL BASE PROPOSAL FOR PARKS AND CIVIC FACILITIES:
One Million, Five Thousand, Five -Hundred and Eighty and 00/100
($ $1,005,580
(IN WORDS)
Park Facility
Unit Price
Annual Price
1
Adams Park
6,920
$83,040
2
Bear Creek Trail
4,757.5
$57,090
3
North Bear Creek Trail Head
4,757.5
$57,090
4
Nature Preserve (Ensenada to Tecate)
2,422
$29,064
5
Civic Center Campus: Park
3,027.5
$36,330
City Hall
2,442
$29,064
Library
2,768
$33.216
Wellness Center
2,768
$33,216
La Fonda Open Area
2,162
$25,950
Tampico
2,076
$24,912
6
Colonel Mitchell Paige Middle School Sports Fields
3,460
$41,520
7
Cove Oasis: Trailhead
1,730
$20,730
8
Entryway (corner of Calle Tecate and Avenida Madero)
865
$10,380
9
Parking Lots (at Calle Tecate & Avenida Bermudas)
1,549.17
$18,590
10
Desert Pride Park
2,422
$29,064
11
Eisenhower Park Mini Park
2,422
$29,064
12
Fred Wolff Nature Preserve
2,768
$33,216
13
Fritz Burns Park and Dog Park
5,993
$71,920
14
La Quinta Park
3 460
$41,520
15
Monticello Park (excluding Retention Basin)
3,460
$41,460
16
Museum
1,730
$20,760
17
Lumber Yard
1,730
$20,760
18
Pioneer Park and Dog Park
3,633
$43,596
19
Saguaro Park
1,874.17
$22,490
20
Seasons Dog park
1,903
$22,836
21
Sports Complex
5,181.67
$62,180
22
Velasco Mini Park
2,768
$33,216
23
X -Park
2,768
$33,216
Total Combined Projects
83,114.17
$1,005,580
TOTAL BASE PROPOSAL FOR PARKS AND CIVIC FACILITIES:
One Million, Five Thousand, Five -Hundred and Eighty and 00/100
($ $1,005,580
(IN WORDS)
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION — PROPOSAL FORM
RETENTION BASINS/OTHER AREAS
TOTAL BASE PROPOSAL FOR RETENTION BASINS AND OTHER AREAS:
One Hundred Seventy Four Thousand, Four Hundred -Twenty Dollars and 00/100 (IN WORDS)
($ $174,420.00
Retention Basins/Other Areas
Unit Price
Annual Price
1
Youth Center (YMCA)
(Moon River Dr. and Ave. 50)
2,992.5
$35,910
2
Perimeter — Moon River east side LS
West side trees
(North of Ave 50)
2,992.5
$35,910
3
Retention Basin — Adams Park
(44425 Adams Street)
4,275
$51,300
4
Retention Basin — Seasons
(Cloud View Way)
4,275
$51,300
Total Combined Projects:
14,535
$174,420
TOTAL BASE PROPOSAL FOR RETENTION BASINS AND OTHER AREAS:
One Hundred Seventy Four Thousand, Four Hundred -Twenty Dollars and 00/100 (IN WORDS)
($ $174,420.00
SUMMATION — PROPOSAL FORM
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
COMBINED PARKS AND CIVIC FACILITIES AND RETENTION BASINS
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
PARKS AND CIVIC FACILITIES
LS
23
83,798.33
$1,005,380
2
RETENTION BASINS/OTHER
AREAS
LS
4
14,535
$174,420
14,535
$1,180,000.00
TOTAL
$1,180,000.00
TOTAL COMBINED BASE PROPOSAL ITEMS:
One Million One Hundred Eighty Thousand and 00/100
($ $1,180,000.00
(IN WORDS)
A. Initial Annual Contract Period will be for one year (12 months) from July 1, 2024, until June 30,
2025.
B. The City may elect to exercise an extension to renew this contract for six additional terms with a
ninety (90) -day notice, contingent upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per fiscal year to the above listed contract amount
based on the Local Consumer Price Index for Riverside, San Bernardino, and Ontario areas.
D. Authorized extra work and services may be requested in an annual amount to be determined at
the City's discretion and approved by City Council for landscape restoration, and/or additional On -Call
Landscape Maintenance services on City property and/or within other maintenance areas for parks,
Facilities and/or Landscape & Lighting Assessment District 89-1.
Bond No. 100422192
SECTION 1310
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has awarded to
DESERT CONCEPTS CONSTRUCTION INC. (hereinafter referred to as the "Contractor")
an agreement for Project No 2023-30 Park Landscape Maintenance
Services (hereinafter referred to as the "Contract").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated \1j4:L141,,-ZO24 , (hereinafter referred to as
"Contract Documents"), the terms and conditions of wh ch 'are ee xpressly 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, DESERTCONCEPTS' the undersigned Contractor and
MERCHANTS BONDING COMPANY (MUTUAL) 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 City in the sum Of ONE MILLION ONE HUNDRED EIGHTY THOUSAND~ DOLLARS,
($1,180,000.00 ------------------------- ), said sum being not less 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 City, its 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.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City'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.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
Performance Bond 1300-7
'CONSTRUCTION, INC.
AND No/100
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a proposal or proposals 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 proposer, arrange for a Contract between such
proposer, the Surety and the City, 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 City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the
Contract Documents.
(3) Permit the City 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 City
under the Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City 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
proposal from Contractor for completion of the Project if the City, when declaring the Contractor
in default, notifies Surety of the City'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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 2024).
(Corporate Seal)
Contracto
1
Title VksL-
Performance Bond 1300-8
(Cortpordte Seal)
Surety
Douglas/'Rothey,AA6yrfey-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 $25.00 per thousand. The total amount of premium
charges, $15.300.00
`$25.00 per thousand for the first $100,000
(The above must be filled in by corporate attorney.) $15.00 per thousand for the next $400,000
$10.00 per thousand for the next $680,000
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)
Merchants Bonding Company (Mutual)
HUB International Insurance Services, Inc.
75030 Gerald Ford Drive, Suite 201
243-8171
76( 0) 360-4700
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Performance Bond 1300-9
Notary 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 Riverside
On July 1st , 2024, before me, Luz J. Mendez , Notary Public, personally
appeared Regina Castro , 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.
—IL UZ 1. MENDEZ
COMM. #2461009 Z
d Notary Public -California O
Z s Riverside County -•
,a Comm. Ex ires Au . 26 2027
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.
Signatuts-d# No ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Performance Bond 1300-10
Notary 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 & R"M COLORADO
COUNTY OF ARAPAHOE
On "J U. l.0 { "*�2024, before me, Kimberly Payton , Notary Public, personally
appeared Douglas J. Rothey , 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
KIMBERLY PAYTON and correct.
NOTARY PUBLIC WITNESS my hand and official seal.
STATE OF COLORADO
NC7 rARY ID 2G214G2 )SUtl
v ii>n fr, r 0'3 ltt2'
ignature of No Public
My Commission E 'res: July , 2025
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
fitle(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
Performance Bond 1300-11
Bond No. 100422192
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has `
on \! til C, l ST , 2024, awarded to DESERT CONCEPTS CONSTRUCTION, INC.
hereinafter designated as the Principal, a Contract for City Project No. 2023-30, Park
Landscape Maintenance Services.
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall 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 done thereon of any kind, the Surety of this bond
will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and MERCHANTS BONDING COMPANY (MUTUAL) , as Surety,
are held and firmly bound unto the City in the just and full amount of
ONE MILLION ONE HUNDRED EIGHTY THOUSAND AND NO/100--------------------- DOLLARS ($1,180,000.00 --------------------
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs,
executors, administrators, successors, or assigns, shall 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 for amount due under the Unemployment
Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld
pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with
respect to such work or labor, then said surety will pay the same in or to an amount not
exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this
bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
named in Section 3181 of the Civil Code of the State of California so as to give a right of action
to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition of the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations of this bond, and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
Payment Bond 1300-12
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under
their OA r seals this 11-4- day of
, 2024, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
DESERT CONCEPTS CONSTRUCTION, INC.
Principal
(Seal)
r
Si re for Pricipal
Vim._ Q
Title of Signatory
MERCHANTS BONDING COMPANY (MUTUAL)
Surety
(Seal)
5 at r rety
Douglas J. Rothey, Attorney -in -Fact
Title of Signatory
P.O. Box 14498, Des Moines, Iowa 50306-3498
Address of Surety
(515) 243-8171
Phone # of Surety
Matt Huggins
Contact Person for Surety
Payment Bond 1300-13
MERCHANT
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Cynthia M Burnett; Douglas J Rothey; Erik Ulibarri; Kim Payton; Wesley J Butorac; Zach Rothey
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of June 2020
q .• G U 0-46•.
......... < 0\N C ,h .
Mopq eOZ x'00?D�PU9 A9 • MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
00
_ 2003 ',Q : y 1933 :'c; By
.v.
'•,��"' '.r, ••. ••�W ' \:•. President
STATE OF IOWA ••�"""""'�•• •• °"' •'
COUNTY OF DALLAS ss.
On this 23rd day of June 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
��IA(s POLLY MASON
0v Commission Number 750576
Z ° Goal ° 4My Commission Expires
lovo, January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked. �l f
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of u t4q
10 N4
?� : DELpOR,q.6'O•: ; 00.O�POg4.9y.
.h'G A0,1 . . y 'Cr J .,c:
v 2003 1 c,-:
Secretary
933
POA 0018 (1/20) """'
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 that document.
State of California
County of Riverside S.S.
On July 1, 2024 before me, Luz J. Mendez, Notary Public ,
Name of Notary Public, "Title
personally appeared Regina Castro
Name of Signer (1)
Name of Signer (2)
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
o
of the State of California that the foregoing paragraph is `" ' COMM, # EN EZ
z
true and correct. a: Notary Public - California o
`
Z Riverside County
WITNESS my hand and official seal. Comm. Expires Aug. 26, 2027
1Z ��� Seal
Signature of Notary Public
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of
this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
• e • I • em
Description of.4t*hed Document
The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification
document titled/for the purpose of Payment Bond Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification credible witnesses)
containing pages, and dated Notarial event is detailed in notary journal on:
The signer(s) capacity or authority is/are as: Page # Entry #
❑ Individual(s) Notary contact:
❑ Attorney-in-fact
❑ Corporate Offlcer(s) Other
Title(s) ❑ Additional Signer ❑ Signer(s) Thumbprints(s)
El
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
PL3,net>1 nr Fmi^,un�s1 Entily!ic;t Sinr,ar is Reprasardinq
Bond No. 100422192
SECTION 1310
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has awarded to
DESERT CONCEPTS CONSTRUCTION INC. (hereinafter referred to as the "Contractor")
an agreement for Project No 2023-30 Park Landscape Maintenance
Services (hereinafter referred to as the "Contract").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated 0L4lui 20?4, (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, DESERTCONCEPTS' the undersigned Contractor and
MERCHANTS BONDING COMPANY (MUTUAL) 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 City in the sum Of ONE MILLION ONE HUNDRED EIGHTY THOUSAND- DOLLARS,
($1,180,000.00 ------------------------- ), said sum being not less 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 City, its 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.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City'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.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
Performance Bond
"CONSTRUCTION, INC.
AND NO1100
1300-7
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a proposal or proposals 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 proposer, arrange for a Contract between such
proposer, the Surety and the City, 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 City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the
Contract Documents.
(3) Permit the City 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 City
under the Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City 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
proposal from Contractor for completion of the Project if the City, when declaring the Contractor
in default, notifies Surety of the City'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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this l day of
, 2024).
(Corporate Seal) DESERT CONCEPTS CONSTRUCTION, IN
Contractor/ Princip
By
Title
Performance Bond 1300-8
(Corporate Seal)
Surety
Douglas �/Rothey,Att -In-Fact
Signatures of those signing for the Contractor and Surety mus be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate) Title
The rate of premium on this bond is $25.00• per thousand. The total amount of premium
charges, $15,300.00
'$25.00 per thousand for the first $100,000
(The above must be filled in by corporate attorney.) $15.00 per thousand for the next $400,000
$10.00 per thousand for the next $680,000
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)
Merchants Bonding Company (Mutual)
P.O. Box 14498
HUB International Insurance Services, Inc.
75030 Gerald Ford Drive, Suite 201
(515) 243-8171
(760) 360-4700
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Performance Bond 1300-9
Notary 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 Riverside
On July 1st , 2024, before me, Luz J. Mendez , Notary Public, personally
appeared Regina Castro , 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.
;��; —Ly Z J. MENDEZ
COMM. #2461009 Z
o d Notary Public - California O
W.
W- � Riverside County
�, ,, a Comm. Expires Aug. 26, 2027
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.
Signatlafe of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Performance Bond 1300-10
Notary 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 & M COLORADO
COUNTY OF ARAPAHOE
On V tt. t 15� 2024, before me, Kimberly Payton Notary Public, personally
appeared Douglas J. Rothey 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
KIMBERLY PAYTON and correct.
NOTARY PUBLIC WITNESS my hand and official seal.
STATE OF COLORADO
NU!'ARY ID 2U`t 140175U1S
Signature of N t ry Publi
My Commission ires: July , 2025
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Fitle(s)
L Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
Performance Bond 1300-11
Bond No. 100422192
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has
on k A IA(W 1 `1�- , 2024, awarded to DESERT CONCEPTS CONSTRUCTION, INC.
hereinafter designated as the Principal, a Contract for City Project No. 2023-30, Park
Landscape Maintenance Services.
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall 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 done thereon of any kind, the Surety of this bond
will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and MERCHANTS BONDING COMPANY (MUTUAL) , as Surety,
are held and firmly bound unto the City in the just and full amount of
ONE MILLION ONE HUNDRED EIGHTY THOUSAND AND NO/100--------------------- DOLLARS ($1,180,000.00 -------------------- )
lawful
$1,180,000.00--------------------
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs,
executors, administrators, successors, or assigns, shall 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 for amount due under the Unemployment
Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld
pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with
respect to such work or labor, then said surety will pay the same in or to an amount not
exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this
bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
named in Section 3181 of the Civil Code of the State of California so as to give a right of action
to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition of the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations of this bond, and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
Payment Bond 1300-12
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under
their Di seals this 1 S�L day of
, 2024, the name and corporate seal of each corporate
party 6eing hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
DESERT CONCEPTS CONSTRUCTION, INC.
Principal
(Seal)
Si re for Princ al
L-&Z�06ni
Title of Signatory
MERCHANTS BONDING COMPANY (MUTUAL)
Surety
(Seal)
Si ture fo
Douglas J. Rothey, Attorney -in -Fact
Title of Signatory
P.O. Box 14498, Des Moines, Iowa 50306-3498
Address of Surety
;515) 243-8171
Phone # of Surety
Matt Huggins
Contact Person for Surety
Payment Bond 1300-13
MERC HANT�
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Cynthia M Burnett; Douglas J Rothey; Erik Ulibarri; Kim Payton; Wesley J Butorac; Zach Rothey
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of June 2020
10N
• • ' * . COSI °• MERCHANTS BONDING COMPANY (MUTUAL)
P� A�
�''PO'•e,: ••
�Z4 - MERCHANTS NATIONAL BONDING, INC.
:•Z:2 —O— v:d:
2003 1,0 : y 1933 :'c; By
:,d : a.�,: •, y ,, .
��..�•.,,�,,. ••��...� .• �.�•• President
STATE OF IOWA •��'"""`''�' • ° • •'
COUNTY OF DALLAS ss.
On this 23rd day of June 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
,`PFt1AC s POLLY MASON
o v Commission Number 750576A�o
Z000 ° ° ° ° My Commission Expires �.
• I P January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked. `
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this fr day of r, L( 24,
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POA 0018 (1/20) ""'��•• •••••`••
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 that document.
State of California
County of Riverside S.S.
On July 1, 2024 before me, Luz J. Mendez, Notary Public
Name of Notary Public. Title
personally appeared Regina Castro
Name of Signer (1)
Name of Signer (2)
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, execrated the
instrument.
I certify under PENALTY OF PERJURY under the lawsLUZ J. MENDEZ
the State of California that the foregoing paragraph is o COMM. #2461009 z
true and correct. w Notary Public • Californiaof
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Riverside County o
`�•.o• Comm. Expires Aug. 26, 2027
WITNESS my hand and official seal.
Seal
ignature of Notary Puh ,
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of
this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
an of ;\ttarhed DOcurosan'naVllqforrration
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The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification
document titled/for the purpose of Payment Bond Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification ❑ credible Wtness(es)
containing pages, and dated Notarial event is detailed in notary journal on:
The signer(s) capacity or authority is/are as: Page # Entry #
❑ Individual(s) Notary contact:
❑ Attorney-in-fact
❑ Corporate Officer(s) Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
CONSENT CALENDAR ITEM NO. 15
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO DESERT CONCEPTS CONSTRUCTION, INC.
FOR PARK LANDSCAPE MAINTENANCE, PROJECT NO. 2023-30; AND AUTHORIZE
THE PUBLIC WORKS DEPARTMENT TO UTILIZE DESERT CONCEPTS
CONSTRUCTION, INC. AS A SELECT SOURCE FOR EXTRA WORK AND ON-CALL
MAINTENANCE SERVICES
RECOMMENDATION
Award a contract to Desert Concepts Construction, Inc. for Park Landscape Maintenance
Services, Project No. 2023-30; authorize the Public Works Department to utilize Desert
Concepts Construction, Inc. as a select source for extra work and on-call maintenance
services for up to $300,000 in fiscal year 2024-25; and authorize the City Manager to
execute the contract.
EXECUTIVE SUMMARY
• The City contracts landscape maintenance services (LSM) for public parks, retention
basins, and civic facilities to maintain aesthetically pleasing landscapes citywide.
• On April 2, 2024, the City posted a Request for Qualifications (RFQ) for LSM
including on-call services; received 3 responses; and the selection committee
recommends contracting with Desert Concepts Construction, Inc. (Desert Concepts)
based on their experience and qualifications.
• Staff requests authority to utilize Desert Concepts as a select source for additional
on-call landscape renovation and maintenance services within parks and areas not
located within the scope of this contract for fiscal year (FY) 2024/25.
-ISCAL IMP
The contract is for an initial 1 -year term and may be extended for 6 additional years based
on satisfactory performance by Desert Concepts. The total cost for FY 2024/25 is allocated
between 4 fund accounts as follows:
Fund Account
FY 2024/25
Park Fund (101-3005-60112)
$ 918,400
L&L Fund (215-7004-60112)
$ 204,000
Museum Fund (202-3006-60112)
$ 24,000
Library Fund (202-3004-60112)
$ 33,600
Total:
$ 1,180,000
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At this time, staff seeks authorization for a 3 -year period, should the available extended
terms be executed. The costs are detailed below:
Fiscal Year
Landscape Maintenance Services
Cost
FY 2024-25
$1,180,000
FY 2025-26
$1,180,000
FY 2026-27
$1,180,000
Contingency at 5%
(compounded year -over -year for CPI per Section 1240)
$ 179,950
Grand Total:
$3,719,950
Staff requests Council approval for additional spending authority up to $300,000 in FY
2024/25 for extra work and on-call services. The $300,000 would be charged in increments
as needed to the appropriate budgeted maintenance services account(s) Parks (101-3005-
60691); L&L (215-7004-60691); Museum (202-3006-60112); and Library (202-3004-60112)
for landscape maintenance and/or renovation of City property.
BACKGROUND/ANALYSIS
The City contracts landscape maintenance within the parks, retention basins, the YMCA,
Library, and Museum, for daily, weekly and monthly maintenance of all landscaped areas.
On April 2, 2024, an RFQ was posted for LSM and on-call landscape maintenance
services. A mandatory pre -proposal meeting was held on April 16, 2024; 9 contractors
attended; 3 proposals were received; and the selection committee recommends contracting
with Desert Concepts, located in Indio, based on their qualifications and experience.
The proposed contract (Attachment 1) includes landscape maintenance service for parks,
retention basins, the YMCA, the Museum and Library. Section 1240 of the contract also
allows for extra work for landscape maintenance on an on-call as -needed basis. On-call
services is not guaranteed work, however, utilizing the same contractor as a select source
for extra work would ensure continuity and consistency of landscape maintenance and
improvements in areas with aged and deferred landscape maintenance and at City property
not located within the contracted areas. This work may include modifications to the
irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism
repair, weed abatement, storm debris cleanup, irrigation assessments, and landscape or
field improvements at other City maintenance areas on request.
Staff requests Council approval for additional spending authority with Desert Concepts for
extra work and on-call services up to $300,000 in FY 2024/25.
The contract would be for an initial one-year term, effective July 1, 2024, through June 30,
2025. The contract may be extended for 6 additional years, at 1, 2, or 3 -year terms, to be
executed at the beginning of a FY through 2030/31 at the City's discretion, should the
contractor perform in a satisfactory manner. Staff will seek Council approval for additional
spending authority annually and provide an update on the status of the contract and on the
LSM costs for each FY.
320
ALTERNATIVES
Council may direct staff to choose the next most qualified proposer or, direct staff to
prepare new specifications and re -advertise for Citywide landscape services. However, that
would cause a delay in services.
Prepared by:
Approved by:
Attachment:
Dianne Hansen, Maintenance & Operations Superintendent
Bryan McKinney, Public Works Director/City Engineer
1. Contract with Desert Concepts
321