2024-25 Horizon Lighting - L&L AD 89-1 Lighting Maintenance Project 2023-29MEMORANDUM
40idgrai
i::lE.lEl)H.NE.1
DATE: June 19, 2024
TO: Jon McMillen, City Manager
FROM: Dianne Hansen, M&O Superintendent
RE: Horizon Lighting - L&L District 89-1 Lighting Maintenance and On -Call Services Project
2023-29
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. 14
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.: 215-7004-60104; 60691
Start Date July 1, 2024 End Date June 30, 2025
Agreement term:
Amount of Agreement, Amendment, Change Order, etc.: $ 79,927 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: Monika Radeva Date: 6/26/2024
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. 0111972 Expires: 12/31/2024
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY, OF LA QUINTA, a municipal corporation,
herein referred to as "City," and Horizon Lighting Inc. herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation, and
services to perform Landscape Lighting and Maintenance Services for Landscape and
Lighting Assessment District 89-1, Project No. 2023-29 and for On -Call Electrical
Maintenance Services within the L&L, Parks, Buildings, and Facilities maintenance areas in the
City of La Quinta, California pursuant to the Request for Qualifications and Proposal (RFP), the
project Specifications, and Contractor's Proposal, all of which documents shall be considered a
part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the RFP,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and RFP
shall be controlling in that order of precedence. The time frame for work shall be in accordance
with that specified in the RFP.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Public Works Manager.
4. Contractor shall commence work on July 1, 2024 after the issuance of a written Notice to
Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Public Works Manager at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ 79,927 .00). All payments shall be
subject to approval by the Public Works Manager 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 RFP, 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.
Contract 1300-1
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
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a
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 a Performance
Bond and a Payment Bond of a surety satisfactory to City, as provided in said Specifications or
Request for Proposal, 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
Contract 1300-2
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
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,
Contract 1300-3
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
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 a proposal on 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
Contract 1300-4
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
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.
"CITY"
CITY OF LA QUINTA,
a Cal' • nia municipal corporation
Dated: CQ 2(9ZO 24 By:
APPROVED AS TO FORM:
City Attorney
Dated: 5/7/2024
•
cMillen, City Manager
Dated: /I o4e /
ated: e.?ro/ 2-o7,/
"CONTRACTOR"
(If corporation, affix seal)
By:
-DocuSigned by:
podgy
Sign,«aahu
owre —�o
Name: Joel Hunter Title: President
Address: 2351 McGaw Ave. Irvine CA 92614
Street Address City State Zip Code
E-mail: 7 hunter@horizonlightinginc . comDocusignedby.
Dated: B
5/7/2024 L6(1, 0
By: 'GNI „Qp,6"ii•`"1
Signature
Name: Bill Duffy Title: Vice President
Address:
2351 McGaw Ave.
Irvine
CA 92614
Street Address City State
E-mail: bill@horizonlightinginc.pRBine No: (949) 336-4336
Zip Code
Contract 1300.6
SECTION 1245
Base Proposal Items 1 - 69
Landscape Lighting Maintenance Services
Project No. 2023-29
Item No.
Monthly Facility / Lighting Inspection
Unit
Price/Month
Price/Annual
1
Acacia Median (Seeley Dr)
LS
$97.95
$1,175.40
2
Acacia Perimeter (Miles Ave)
LS
3
Adams Bridge
LS
4
Adams St Median (Ave 48 -Hwy 111)
LS
5
Airport Blvd/Ave 56 (Madison to Monroe)
LS
6
Auto Center Dr Median/Round-A-Bout
LS
7
Ave 50 Median (Eisenhower Dr -Washington St)
LS
8
Ave 50 Median (Evac Channel -Jefferson St.)
LS
9
Ave 52/Sinaloa Median (Eisenhower to Desert Club)
LS
10
Ave 52 Median (Washington to Jefferson)
LS
11
Ave 54 Median (Jefferson St -Madison St)
LS
12
Avenida Bermudas (Ave 52 to Main St.)
LS
13
Avenida Bermudas Median(Montezuma to Tampico)
LS
14
Avenida La Fonda (Avenida Bermudas -Desert Club)
LS
15
Avenida Montezuma at Avenida Navarro
LS
16
Avenida Montezuma/Bermudas City Parking Lot
LS
17
Cactus Flower Entrances (Dune Palms Rd)
LS
18
Cactus Flower Perimeter
(Fred Waring & Dune Palms Rd)
LS
19
Calle Estado Median
(Avenida Bermudas -Desert Club)
LS
20
Calle Tampico Median (Eisenhower Dr -Washington)
LS
21
Civic Center Perimeter (Calle Tampico/Washington)
LS
22
Del Rey L.Q. Norte Perimeter (Miles Ave)
LS
23
Desert Club Dr (Ave 52 to Tampico)
LS
24
Desert Club Manor/ Saguaro Park (Saguaro Rd)
LS
25
Eisenhower Dr Median (Bermudas to Madrid)
LS
26
Eisenhower Dr Median (Madrid to Colima)
LS
27
Eisenhower Dr Median (Colima to Nogales)
LS
28
Eisenhower Dr Median (Nogales- Tampico)
LS
29
Eisenhower Dr Median (Tampico to Ave 50)
LS
30
Eisenhower Dr. Median (Fernando to Coachella Dr
LS
31
Eisenhower Dr. (Coachella Dr to Washington St)
LS
32
Entrance Monument (Home Depot)
Hwy 111 /Jefferson
LS
33
Entrance Monument (Hwy 111/Plaza La Quinta)
LS
34
Fire Station - #93 (Adams St N or Miles Ave)
LS
35
Fire Station #70 - P.G.A. West Perimeter
(Ave 54/Madison St)
LS
36
Fire Station 32 (Ave 52 @ Desert Club)
LS
`
`
37
Village Electrical System (Estado/Bermudas)
LS
V
V
Item No.
Monthly Facility / Lighting Inspection
Unit
Price/Month
Price/Annual
38
Village Electrical System (Estado/Desert Club)
LS
$97.95
$1,175.40
39
Village Electrical System (La Fonda/Bermudas)
LS
40
Village & Electrical System (La Fonda/Desert Club)
LS
41
Fountain (Hwy111 @ Washington) LG's
LS
42
APP Dancing Fairies & Elect. Sys. (78495 Tampico)
City Hall
LS
43
Fred Waring Drive (Palm Royal Drive to Jefferson)
LS
44
Hwy 111 Medians (West of Adams to Jefferson)
LS
45
Jefferson St Median (Hwy 111 -Ave 54)
LS
46
Jefferson St Median (Hwy 111 -Westward Ho)
LS
47
Jefferson St Bridge
LS
48
Library Parking Lot & Perimeter
LS
49
L.Q. Del Oro Perimeter & Median (Via Sevilla)
LS
50
L.Q. Del Oro Perimeter (Washington St)
LS
51
L.Q. Highlands Perimeter & Median (Las Vistas Dr)
LS
52
L.Q. Highlands Perimeter (Fred Waring Dr)
LS
53
Maintenance Yard & Parking lot
LS
54
Madison St. Median (Airport to Ave 58)
LS
55
Madison St, Ave 54 to Ave 56
LS
56
Madison St, Ave 52 to Ave 54
LS
57
Marbella Perimeter (Miles Ave/Adams St)
LS
58
Quinterra Perimeter (Miles Ave & Adams St.)
LS
59
Rancho Ocotillo Perimeter (Adams St)
LS
60
Rancho Ocotillo Perimeter (Fred Waring Dr)
LS
61
Wellness Center Parking Facilities
(Avenida La Fonda/Calle Guatemala)
LS
62
Wellness Center Perimeter
(Avenida La Fonda/Calle Guatemala)
LS
63
Topaz Perimeter (Dune Palms Rd &Miles Ave)
LS
64
Washington St Median (Ave 52 to Ave 50)
LS
65
Washington St Median (Ave 50 -Ave 48)
LS
66
Washington St. Median (Ave 48 to Ave 47)
LS
67
Washington St Median (Miles Ave to Fred Waring)
LS
`
/
68
YMCA Parking Lot (Moon River)
LS
�/
v
Total Amount of Base Proposal Items
1 - 68
LS
$6,600.60
$79,927.20
TOTAL BASE Proposal
Seventy -Nine Thousand, Nine -Hundred and Twenty -Seven Dollars (IN WORDS)
($ 79,927.00 )
Proposal amount of each of the above Proposal Items must be filled in and completed. It is
understood that the quantities shown hereon are but estimates and the proposer is responsible
to verify quantities prior to submitting a proposal. Final payment will be based upon actual work
performed, subject to such adjustments and alterations as elsewhere provided herein.
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 (6) additional terms
with 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.
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 lighting/landscape restoration and/or additional
On -Call Electrical Maintenance services within the L&L, Parks, Buildings, and Facilities maintenance
areas.
DocuSigned by:
�3E282D430B4483...
Signature of Proposer (Ink)
Joel Hunter
Name of Proposer (Printed or Typed)
Bond No. 7460407
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
Horizon Lighting_ Inc. , (hereinafter referred to as the "Contractor")
an agreement for _Landscape Lighting Maintenance (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 .MYI!' Wl 4 .2024, (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, Horizon Lighting, Inc. , the undersigned Contractor and
Old Republic Surety Company 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 _seventy nine thousand nine hundred twenty seven & 20/00 DOLLARS,
($_79927.20 ), 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:
(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 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 bid
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 _9th day of
July , 2024).
(Corporate Seal)
V+"' JACQUELYN C. HUNTER
Comm.# 2430531
NOTARY MAIC •C&IFwYA �1
ORANGE CMMTY
3 ,..... LMy Comm. UP. FEs. 21, 2027
(Corporate Sea[) Old Republic Surety Company
Surety
B
Sc diA y -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attomey-in-Fact Certificate)
Title
The rate of premium on this bond is N/A per thousand. The total amount of premium
charges, $ NLA
(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)
Old Republic Surety Company
14728 Pipeline Ave., Suite E
Chino Hills, CA 91709
Acrisure of California, LLC
18952 MacArthur Blvd., Suite 300
Irvine, CA 92612
909-367-2015 / 949-486-7917
NOTE: A copy of the Power-of-Attomey authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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 San Bernardino
On _ W Z before me, _Tina Downey, Notary -Public ,
of 11(Hem name arta tale o me )
personally appeared Scott Salandi _ _
who proved to me on the basis of satisfactory evidence to be the personlsl whose
name is re subscribed to the within instrument and acknowledged to me that
he/they executed the same in�er/their authorized capacity, and that by
is er/their signatureXon the instrument the personi,`s�, or the entity upon behalf of
w ich the persorr(tacted, 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.
TINA DOWNEly
WITNESS my hand and official seal. ZE
; Notary Puhiic - Caiifornia
z ; San Bernareino County >
-' Commission 4 2383319
My Comm. Expires Nov 21. 2025 r
rj!to ublic Signature (Notary Public seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
Thisform complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the docmnent. Adaolmvedgents from
other states may be completed for docrmtents being sent to that state so long as the
wording does not require the California notary to violate California —tan, Imp.
(TtUe or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
0 Individual (s)
O Corporate Officer
tt ej
O Partner(s)
Attorney -in -Fact
C] Trustee(s)
C] Other
2015 Version tw,wAotaryClasses.com 500-5:3-9666
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date of notarization must be the dale that the signer(s) personally appeared which
must also be die same date the acknowledgment is completed.
• Time notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e.
lWshe/Htey, is /are) or circling the correct forms Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
lmpression must not cover lent or lines. If seal impression smudges, re -seal it a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
40- Additional information is not required but could help to ensure this
acknowkdgmenl is not misused or attached to a different document.
Indicate title or type of attached document. number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
Bond No. 7460407
SECTION 1320
AYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has
on TJU' - 1b , 2024, awarded to _Horizon Lighting Inc.
hereinafter designated as the Principal, a Contract for Project No. 2023-29, Landscape
Lighting 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 _Old Republic Surety Company , as Surety,
are held and firmly bound unto the City in the just and full amount of seventy nine thousand nine*
DOLLARS ($ 79,927.20 ) 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. *hundred twenty seven & 20/00
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 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under
their seals this _9th day of
July 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.
Horizon Lighting, Inc. _
Principal
d"Z s
Si g0 t6re for Pri pal
5
Title of Signatory
Old Republic Surety Company
Surety
gn urety
Scott Salandi, Attorney-in-fact
Title of Signatory
14728 Pipeline Ave., Suite E
Chino Hills, CA 91709
Address of Surety
909-367-2015
Phone # of Surety
Tina Downey
Contact Person for Surety
(Seal)
JACf}UEIYN C. HUNTER
COAiM.111CAUF0 m ' a "ot a� co ftA V1
Gam" Mr COMM. EXP. Fe. 28,1021
Jain r(.14t Aw
(Seal)
Payment Bond 1320-2
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 San Bernardino
}
On _ _ before me Tina Downey Notary Public
[(Here exert name anal at ine officer)
personatly ap eat ed--ScOtt Salandi
who proved to me on the basis of satisfactory evidence to be the persons whose
nameXis re subscribed to the within instrument and acknowledged to me that
he/they executed the same in(&her/their authorized capacity, and that by
*wicdh
er/their signatureKon the instrument the personN, or the entity upon behalf of
the persorggacted, 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.
.3�— TINA DOWNEY t
Fr
WITNESS my hand and official seal. a Notary Public - Caiifornia
_5�
Z � _= .^ ! San 6ernarcino County >_
_ Commission ; 2383319
My Comm. Expires ^Icv 21. 2025
N ary ublic Signatur (Notary Public Seal)
11►!
DESCRIPTION OF THE ATTACHED DOCUMENT
(Fiille or description of attached document)
(rine or description of attached document continued
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(71 @`
❑ Partner(s)
O Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version vrive,.NotaryC1asses.com 800-8:3-9865
ON INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with ctaTent California sianttes regardigp notary wording and,
ifneeded should be completed and attached to the dociunent. Rolmohvedgents from
other states may be completed for dociurtents being sent to that state so long as the
wording does not regmire the California notary to violate California notary law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a conuta and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
)Wshe/they�- is /err ) or circlingthe correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover teat or lines. If seal impression smudges, re -seal if a
sufficient area pernuils, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, m®ber of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
* �r
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
ScottSalandi, David Jacobson of Irvine, CA
its true and lawful Aitomey(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the comparry; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 16th day of March 1
suA2022
OLD REPUBLIC SURETY COMPANY
y,C E "'
SEAL �o
- Z&
=o_z
AsAant�.
' * President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 16th day of March 2022 personally came before me, Alan Payllc
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
ON
pVHt�:' Notary PuJAC
My Commission Expires: _September 2812022
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
sunETt,,
;�. l 1
740043 a SEAL} - Signed and sealed at the City of Brookfield, WI this day of
ORSC 22262 (&Oa) -�*'•- auit��+�[0i g ```Assis.S.,t Secret
Patriot Risk & Ins Services LLC
CONSENT CALENDAR ITEM NO. 14
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITL : AWARD CONTRACT TO HORIZON LIGHTING, INC. FOR CITYWIDE
LIGHTING MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1, PROJECT NO. 2023-29; AND AUTHORIZE THE PUBLIC WORKS
DEPARTMENT TO UTILIZE HORIZON LIGHTING, INC. AS A SELECT SOURCE FOR
EXTRA WORK AND ON-CALL ELECTRICAL SERVICES
RECOMMENDATION
Award a contract to Horizon Lighting, Inc. for Citywide Lighting Maintenance within the
Landscape and Lighting Assessment District 89-1, Project No. 2023-29; authorize the
Public Works Department to utilize Horizon Lighting, Inc. as a select source for extra work
and on-call electrical Services for up to $200,000 in fiscal year 2024/25; and authorize the
City Manager to execute the contract.
EXECUTIVE SUMMARY
• The City contracts citywide landscape lighting maintenance services (Lighting
Maintenance) within the Landscape and Lighting Assessment District 89-1 (L&L).
• On April 2, 2024, the City posted a Request for Qualifications (RFQ) for Lighting
Maintenance within the L&L, including on-call services; received 2 responses; and
the selection committee recommends contracting with Horizon Lighting, Inc.
(Horizon) based on their qualifications and experience.
• Staff requests authority to utilize Horizon as a select source for additional on-call
electrical services within the L&L areas for lighting improvements outside of the
scope of this contract for fiscal year (FY) 2024/25.
FISCAL IMPACT
The total cost for FY 2024/25 is $79,927 allocated in L&L fund (account 215-7004-60104).
The total cost for this agreement, over the initial 1 -year term and optional 6 -year extensions
is detailed below:
307
Fiscal Year — L&L AD 89-1 Lighting
Maintenance Services
Cost
FY 2024-25
$79,927
FY 2025-26
$79,927
FY 2026-27
$79,927
FY 2027-28
$79,927
FY 2028-29
$79,927
FY 2029-30
$79,927
FY 2030-31
$79,927
Contingency at 5%
(compounded year -over -year for CPI per Section 1240)
$91 278
Grand Total:
$650,767
Staff requests Council approval for additional spending authority up to $200,000 in FY
2024/25 for extra work and on-call services. The $200,000 would be charged in increments
as needed to the appropriate budgeted maintenance services account(s); L&L 215-7004-
60691; Parks 101-3005-60691; and Buildings 101-3008-60691 for lighting maintenance
and/or electrical repairs on City property.
BACK(ROUND/ANALYSIS
The City contracts citywide monthly Lighting Maintenance within the L&L, which includes
the City's right-of-ways, Fire Stations, and parking lots.
On April 2, 2024, an RFQ was posted for Lighting Maintenance and on-call electrical
services. A mandatory pre -proposal meeting was held on April 16, 2024; 5 contractors
attended; and 2 proposals were received.
On May 8, 2024, the selection committee reviewed the proposals and recommends
contracting with Horizon located in Indio, based on their qualifications and experience.
The proposed contract (Attachment 1) includes Lighting Maintenance service within the
L&L for medians, parkways, parking lots, and fire stations. The contract also allows for
extra electrical services, maintenance and repairs 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 within these areas ensures continuity and consistency of services, and
completion of work in a timely manner in City buildings and other non -contracted areas.
This work may include electrical repairs, LED conversions, new lighting installation, meter
pedestal/panel replacements, and panel upgrades.
Staff requests Council approval for additional spending authority with Horizon for extra work
and on-call services up to $200,000 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, renewable at 1, 2, or 3 -year
308
terms, to be executed at the beginning of a FY through FYs 2030/31 at the City's discretion
if the contractor perform in a satisfactory manner.
ALTERNATIVES
Council may direct staff to choose the next most qualified proposer or, direct staff to
prepare new specifications and re -advertise for citywide Lighting Maintenance 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 Horizon
309