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2019-20 PWLC II, Inc - L&L AD 89-1 Landscape Maintenance Project 2018-30ta Qai�fra of ncc DESERT — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Gil Villalpando, Acting Facilities Directol✓ DATE: June 6, 2019 RE: PWLC II, Inc., Lighting & Landscape Assessment District 89-1, Landscape Maintenance Contract, Project No 2018-30 Attached for your signature is a Contract with PWLC II, Inc for Landscape Maintenance of Lighting & Landscape Assessment District 89-1. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as a ro riate: X Contract payments will be charged to account number: 215-7004-60189 X Amount of Agreement, Amendment, Change Order, etc.: $687,059 NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: X Approved by the City Council on May 21, 2019 X City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures of $50,000 or less. This expenditure is $687,059 and authorized by Council. SW Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on 6-6-v7O/ ldote) X Performance bonds as required by the agreement (originals)I'� X City of La Quinta Business License number 0103876, Expiration 04/30/20 X A requisition for a Purchase Order has been prepared (amounts over $5,000) X A copy of this Cover Memo has been emailed to Finance (Claudia) Revised May 2017 SECTION 1250 NOTICE T❑ CONTRACTOR TO ENTER INTO CONTRACT TO: PWLC II Inc. (Name of Contractor) YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of La Quinta (hereinafter referred to as "City") for the landscape maintenance services designated as: CITYWIDE LANDSCAPE MAINTENANCE SERVICES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 PROJECT NO. 2018-30 (hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is on file in the office of the City Clerk, and further, you are hereby required within fifteen (15 days after this Notice to enter into a contract with said City for the doing of said work and to furnish therewith a Performance Bond for One Hundred percent (100%) of the contract price and Payment Bond, as required by law, in a sum of twenty-five percent (25%) of the contract price. DATED this 22nd day of May , 2019. Monika Radeva, CITY CL K CITY OF LA QUINTA STATE OF CALIFORNIA Page 1 9 1200-9 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and PWLC II, 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 Maintenance Services for Landscape and Lighting Assessment District 89-1, Project No. 2018-30 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, the Request for proposal 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, 2019 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 ($687,059.00). 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). Page 11 Contract 1300-1 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 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 the 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 RFP, 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; Page 12 Contract 1300-2 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 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. Page 13 Contract 1300-3 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 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. Page 14 Contract 1300-4 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 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. Page 15 Contract 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. Dated: cox 19 ATTEST: , Monika APPROVED AS TO „CITY,1 CITY OF LA QUINTA, a California municipa poration B Fran ], evacek, City Manager Dated: L{._,-1, z z� Dated: City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: May 6, 2019 Name: PWLC II, INC. Address: By: Signature Title: President 3584 E. La Campana way Palm Springs Ca 92262 Street Address City State Zip Code E-mail- Dated: paulr@pwic2.com By: Signature Name: Title: Address: Street Address City State Zip Code E-mail: Page 16 Contract 7300-6 The term of this bond runs from July 1, 2019 to June 30, 2020 and maybe renewed by a Continuation Certificate. If not renewed it does not subject the surety to a claim on this bond. SECTION 1310 Bond No. 100 112 4633 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has awarded to PWLC ll, Inc. , (hereinafter referred to as the "Contractor") an agreement for Project no. 2018-30, Landscape Maintenance Services for (hereinafter referred to as the "Contract"). Landscape &Lighting Assessment District 89-1 WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated _May 22, 2019 , (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, PWLC II, Inc. , the undersigned Contractor and U. S. Specialty Insurance 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 Six HundrQd Eighty -Seven Thousand Fifty -None and 041I LLARS, ($ 687,059.04** ), 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 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 28th day of Mav , 2019). (Corporate Seal) (Corporate Seal) PWLC II, Inc Contractor incipaI By Paul Rasmussen Title President U.S. Specialty Insurance Company S u rety By J4,,-ma James Keeling Attor ey -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 James Keeling Attny-in-fact The rate of premium on this bond is $15.10 of premium charges, $ 10,371.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) per thousand. The total amount U. S. Specialty Insurance Company 801 So. Figueroa Street, 7th Floor Los Angeles, CA 90017 Keith Clements 800-316-5695 Surety 805-741-7736 Agent NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. -ONWR OF ATTORNEY 4. AMERICAN CONS IGglO 1 MNITY COMPANY TEXAS BONDING COMPANY - UNITED STA $ i{l 1VIPANY U.S. SPECIALTY INSURANCF COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, Jam'' s' Heeling of Lompoc GsIifarnla its trite and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place andjtead; to_exteute, acknowledge and deliver any and all bonds, recogtucances,tin dertakin or other instruments or contractIffiQ ety§ 1pi. to include riders, amendments, and consents of suret providing thet-Iffina penalty does not exceed — **'**k*Three Million***** Dollars ( **3,0O0,Op_0._ This Power of Attorney shall expire With ui further action on November 3, 2019. This Power of Attorney is granledlander and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vicc-President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and atabo . tq--appoint any one or more suiiablc persons as Attomey(s)-in-Fact to represent and aet:fos and-eit behalf of the Company subject to the Following _proy�sism: rfd7urrreV rn-Fur r may be.givcn full power and authority for and in the name of and on beltgfaM execute, acknowledge and dclivcr, any and ail fiends,. rccognizIRC05. 'eontrirts, agreements or indcmnity and other conditional or obligatory tlndct�ktngs, inTuding any and all consents for arc release of retained percentages andlor final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it ResohKd. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate rotating thereto. by facsimile, and imy power of attomey as certifleatd.bearing facsimile signature or Facsimile cal shall be valid and binding upon the Culnp,lny w i i h resw t bond- or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be W6reto affiked,this 1 st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANMCOMPANY =— �11111[Irp.- O„ir[I[ri lrllry`N1,11111`�I,,,,rr 1•[I.111119r1+R _— _ — = �`'i�!Groga°� s suR � ,,auv, c � �•, . ,,.v� ti�■rr� ro 4 = - = =_ —= — = dye}--, �..•.�c w � pf�.. .. FTy y yob � '•,� z. a b° f....,,,...,!� f� � _ _ � . dos, IF +g By: = "�— EICO MMTEO y? �, at a r&=_ 9EPT 99, 1999,.a %i�L .,�. .2 = S } Y�j =7�' Y s = Daniel P. Aguilar, Vice Presidelli h,�il9FOAK�*�� ` �Crµrrlli * •.,.`� 1 4E1T ...... irr1,L fir illli. A notary public. or other officer completing -this cortifir,;iie=rren—only the identity of the individual who signed the document to which this certificate is attaereft0 to0ieAMl13Tu1-fess, accuracy, or validity of that ddeutnent. State of Ctlilorriiu Loumy ❑r ws Angeles 33: On this I st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfact_oiy_evidenee to be the person whose name is subscribed to the within instwmen-.t and acknowledged to me that he executed the same in his,authorizott catactyand that by his signature on the instrument the.person, or the enri_1yuponbehaLf of which the person acted, executed the instrument, =19 t•t f7.under-PENALTY OF PERJURY under the laws of the State of California that the foregoing pasagraph is Tntc and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN Commission # 2129258 Signature (Seal) — _ Notary Public - California — Los Angeles County My Comm. E_Wraa Nov 3, 2014+ 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Cvmpany.and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. —JWWNtness Wherebla have hereunto set my hand and aifijxed the seals of said Cc ariies at Los Angeles, California this 2T dal• of lunlr px+nuni,lrrk au+m n114p„�,nuinluy Corporate Seals a��p;,�roA;�9aiaR}, ��ps+ti..".�ef� i1n6u1q,�N °r"» a40E9'OMRO iy= °Qi _[s -�C� :A= fN; h Kio Lo, Assistant Secretary Sand No. ;:, :.', _ =Y ��: a7 •. s ': - %' Agency No. 19821 +n�allialt� _ - �.. Rdl or � '%.p *.. •. a = Rip �......- — irrrr�[rrrl�a - — — — � prrmZ „ la° IlriuuimM The term of this bond runs from July 1, 2019 to June 30, 2020 and maybe renewed by a Continuation Certificate. If not renewed it does not subject the surety to a claim on this bond. SECTION 1320 Bond No. 100 112 4633 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on May 22 , 2019, awarded to PWLC II, Inc, , hereinafter designated as the Principal, a Contract for Project No. 2018-30, 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 u. S. SpeclaftV insurance Cornpany _ Surety, are held and firmly bound unto the City in the just and full amount of twenty-five (25) percent of the contract price Six Hundred Ei hi -Seen Thousand Fifi -Nine & 041100** DOLLARS ($ 687,059.04*• ) 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. Page 1 1 Payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their Corporate seals this 28th day of _ May 2019 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. PWLC II, Inc. Principal (Seal) Signaturrincipal Paul Rasmussen President Title of Signatory U. S. Specialty Insurance Company Surety (Seal) Signature for Surety Ja s Keeling Attn-i n-fact Title of Signatory 801 So. Figueroa St. 7th Floor Los Angeles, CA 90017 Address of Surety 800-316-5695 Phone # of Surety Keith Clements Contact Person for Surety Page 12 Payment Bond 1320-2 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 ! ! On_ S 20 befo me, "J Notary Pub4Wpersonally appeared MW ts M 1A S-se , 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. gmnnw INlnnllnwwlpllnXWlXnIlX+xXlwnnlglHlulfx¢XnIanIR MELLISSA FISHER s GOMM. #22639M m Notary Public - California Riverside County My Comm. Expires Nov. 20, 2022 �NIlllfll H!lIIHHiIIF111FIIXIIHlll4111l11111gIWllIIIIHIIIgH111XIfIHlnlllr 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. urea otary 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 O cer es0e(r Title(s) ❑Partner(s) ❑ Limited ❑ General ❑Attorney -In -Fact ❑Trustee(s) ❑Guardian/Conservator ❑Other: Signer is representing: Name Of Person(s) Or Entity(ies) rnefi Ind Title or Type of Document 2 Number of Pages f aAA Z 2 -zo l l to of Document Signer(s) Other Than Named Above NOTE:This acknowledgment is to be completed for Contractor/Principal. - _ POMTR OF ATTORNEY - - AMERICAN CONTRACTORS I�L►iI3EMNITY COMPANY''I '" ASIBOND1 C COMPANY UNITED STATES SURE' 410BQ -ANY U.S. SPECI', I LTY INSURANC COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and US., Specialty Insaratice Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute andappoint: - — - James Keeling of Lompoe e- its trite and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stenti, t"xecuteNcknowledge and deliver any and all bonds, recognixan_ees,andertakings or other instruments or contracts_ ��_ _ ip- 0 Udlude riders, antend.ments; and consents of surety_ r—�t, *-hng the band- enal dues not exceed *****Three Million***** Dollars (Sj=*"0_0,0 [� . This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is gran- t0d under :and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and auihority to -appoint any one or more suitable persons as Attomcy(s)-in-Fact to represent and aciL.Ahr andwabchalf of the Company subject to the following provisions; rrnrrre in Eucl ma be::givcn FuI1 power and authority for and iu the name of and on babIl of--theOompany, to axceuto, acknowledge and:dcli*cr, iiay. -and all bonds, r�cagmzunces;-contatcts, agreements or indemnity and other conditional or obligatory. undertakings, including any and all consents-for-tne'release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resuhveel, that tine signature of any authorized officer and seal-afA tc Company heretofore or hereafter afI'txcd to any power of attorney or any certificate relating th-ere to by iacsimilr, and any power of attomc&r[t�cat --_ tFriile signature or facsimile seal shall be valid and binding upon the C'o3t3l�an with respect lo,asry boric! or undertaking to whieh it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be herM affixed; this 1 st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INS_ C"- OXPANY Coruozat - _ - - _ =_ -u�r!CTo'�"•. - ,R�SY.!<._...!?s��''y ,,,� r .•.'� 15 LIB a'. ............._ - a cn::.... ..:dF3 Sq. `.S: :tip. i �3 dy: r:� '.ems �W'1 'y� a y _ '•..P �c. r Se n . '• .�y = — — —_ =C:. 'Vc _y+li IC• k -•43 —_ —_ .._ '_ By: _'L _ SEPT5. 1990_� ,`. -r Daniel P. Aguilar, Vice Pres ','i r��'fORt«*..•` .. "'A �Nnrll*.. ryh•1jCjrr�,Fni •, . i N��' A notary public or other officer compacting this certificate-_ verifies only the identity of the individual who signed the domment to whioh this certificatc is attache(* not tlie-truthfuiuess, accuracy, or validity of that document. = _ State of California County of Los Angeles SS: On this 1 st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States SuretyCompany and U.S. Specialty Insurance Company who proved to me on the basis uF_-satisfac vidence to be the person whose name is subscribed to the within instrument and acknowledged tome that lie executed the same in LorE eft -_d that by his signature on the instrument Fhe person, or the entity upon behalf of_whicb- ]ic person acted, executed the instrument. I CCrtifundei• PENALTY OF PERIIIRY under the laws of the State of California that tliefvregving parsgr�tpii is true and correct. WITNESS my hand and official seat. SABINA MORGENSTEIN Commission # 2129256 Signature (Seal) +� - 1: Notary Public - California Angeles County - - -_ My Comm. Expires Nov 3, 201$ = _ I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surcty Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full force and effect. : ri itriess_Wh rta *----!have hereunto set my Mend and affixed the seals of s_aidi-to Ange les, ngeles, California this 2-5J day fill _s—.01 Corporate Seals �tR�c o;w�4}BugF q .......... s 'tin�inra W ryv Kio Lo, Assistant Secretary Bond_No. Agency No. 19921=— ke eel i�ngi� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Santa Barbara J} On 7_019 before me, F- Stassi , Notary Public Date Here Insert Name and Title of the Officer personally appeared James Keelin Name(s) of Signer(s) 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. F. STASS4 Commission $2199009 Notary Public California sANTA BARBARA COUNTY Ay 0wvju1w E*kw J no 7, 2021 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � Signature of Notary Public Vr 1 IV11§ML. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Signer(s) Other Than Named Above: No Other Signers Capacity(ies) Claimed by Signer(s) Signer's Name: James Keeling ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual N Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: U. S. Specialty Insurance Company 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanEntrance - Acacia (Miles Ave/Seeley Dr) 0 1,755 1,755 5 XEntrance - Cactus Flower (Dune Palms Rd) 0 1,850 1,850 8 XEntrance - L.Q. Del Oro (Via Sevilla/Washington St) median & n/ side only0 6,471 6,471 10 XEntrance - L.Q. Highlands (Miles Ave/Las Vistas Dr) 0 12,967 12,967 9 XEntrance - Rancho Ocotillo (La Palma Dr/Adams St) 0 2,440 2,440 10 XEntrance - Topaz (Miles & Dune Palms, SW) 0 1,200 1,200 0 XEntrance Monument ( Hwy 111 & Jefferson) ( Home Depot) 0 4,080 4,080 15 XEntrance Monument (Hwy 111 & Plaza La Quinta) 0 1,100 1,100 9 XFire Station - P.G.A. West #70 (Ave 54 & Madison) 6,054 56,344 62,398 25Fire Station - #93 (Adams St N of Miles Ave) 6,500 4050 10,550 38Fire Station - #32 (New) & Maint. Yard (78-111 Ave 52) 1,500 23,000 24,500 22Fire Station - #32 (old) 78-106 Francis Hack Lane 1,600 100 7,700 4Frontage - Calle Tampico (SW Avenida Bermudas) 0 9600 9,600 8Median - Adams St (Ave 48-Hwy 111) 0 21,430 21,430 45Median - Adams St (Hwy111 - BlackHawk Way) 0 2,060 2,060 0 XMedian - Airport Blvd (Madison St - Monroe) Art Turf 72,060 72,060 30Median - Auto Center Dr & round about 0 7,268 7,268 7Median - Ave 48 (Adams St-Jefferson St) 0 49,180 49,180 22 XMedian - Ave 48 (Washington St-Adams St) 0 34,500 34,500 20Median - Ave 50 (Eisenhower Dr-Washington St) 0 30,550 30,550 61 XMedian - Ave 50 (Evac Channel-Park Ave) 0 18,004 18,004 22Median - Ave 50 (Orchard to Jefferson) 0 6,300 6,300 10Median - Ave 50 (Park Ave to Orchard Ln) 0 16,720 16,720 17Median - Ave 52 (Avenida Bermudas-Desert Club Dr) 0 3,550 3,550 7Median - Ave 52 (Desert Club Dr-Washington St) 0 28,900 28,900 27Median - Ave 52 (Jefferson St east to Evac Channel) 0 6,300 6,300 20Median - Ave 52 (Washington St to Jefferson ST) 0 122,350 122,350 150Median - Ave 52 & N. Parkway (Evac Channel to Madison) 0 40,400 40,400 41 XMedian - Ave 52, Madison Street to Meriweather Way 0 30,000 30,000 xPage 1 of 4 Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanMedian - Ave 54 (Jefferson St-Madison St) 0 51,545 51,545 125Median - Avenida Bermudas (Ave 52-CalleTampico;Triangles & Medians)0 15,550 15,550 14Median - Avenida La Fonda (Avenida Bermudas-Desert Club 0 2,000 5,000 45 XMedian - Avenida La Fonda (Calle Tamazula-Calle Rondo) 0 27,554 27,554 12Median - Calle Estado (Avenida Bermudas-Desert Club Dr) 0 2,000 5,000 55 XMedian - Calle Paloma (Ave La Fonda) 0 1,560 1,560 1Median - Calle Sinaloa (Eisenhower Dr-Avenida Bermudas) 0 11,292 11,292 17 XMedian - Calle Sinaloa (Eisenhower Dr Round-a-Bout) 0 14,000 14,000 6Median - Calle Tampico (Eisenhower Dr-Washington St) 0 30,400 30,400 52 XMedian - Dune Palms Dr (Hwy 111 to Ave 48) 0 6,000 6,000 8Median - Eisenhower Dr (Avenida Fernando-Hiden Canyon D0 14,500 14,500 40 XMedian - Eisenhower Dr (CalleTecate-CalleTampico) 0 33,320 33,320 113Median - Eisenhower Dr (Tampico to Ave 50) 0 10,000 10,000 15Median - Eisenhower Dr. (Hidden Canyon to Washington St) 0 12,000 12,000 48Median - Fred Waring Dr. (Washington To Adams) 0 39,200 39,200 126Median - Fred Waring Dr. (Adams to Dune Palms) 0 39,000 39,000 107Median - Fredwaring Dr (Dune Palms to Jefferson) 0 16,600 16,600 26Median - Hwy 111 (west City limits: Cliff House to Adams StArt. Turf 32,145 32,145 27 XMedian - Hwy 111 (Adams St. to Jefferson St.) Art. Turf 35,300 35,300 47Median - Jefferson St (Hwy 111- Westward Ho Dr.) 0 13,000 13,000 21 XMedian - Jefferson St & Round About (Hwy 111-Ave 54) 0 225,505 225,505 303 XMedian - La Quinta Drive (Hwy 111 to Auto Center) 0 750 750 3Median - Madison St (Airport Blvd - Avenue 58) 0 64,800 64,800 70Median - Madison St, Ave 54 to Ave 56 (Airport Blvd) 0 65,660 65,660 xMedian - Madison St Ave 52 to Ave 54 0 85,000 85,000 xMedian - Miles Ave (Dune Palms Rd.- Jefferson St) 0 14,000 14,000 20Median - Miles Ave (Washington St-Seeley Dr) 0 23,400 23,400 23 XMedian - Miles Ave (Seeley Dr to Dune Palms Rd) 0 30,800 30,800 27Median - Monroe Street (Ave 52 to Ave 53) 0 16,000 16,000 50Page 2 of 4 Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanMedian - Monroe St. Ave 57 to 1,320 So 0 7,920 7,620 15Median - Monroe St - Ave 53 to Ave 54 0 15,840 15,840 25Median - Navarro/Montezuma (Round-a-Bout & Parkway) 0 6,500 6,500 30 XMedian - Seeley Dr.(Washington to Miles Ave) 0 8,675 8,675 30Median - Washington (Fred Waring Dr-Miles Ave) 0 38,400 38,400 49 XMedian - Washington St (Ave 47-Ave 48) 0 33,800 33,800 37 XRetention Basin - Washington St. (west side, south of Ave. 47)0 30,000 30,000 27Median - Washington ST (Ave 48 to Ave 50) 0 30,600 30,600 82 XMedian - Washington St (Ave 50-Ave 52) 0 30,000 30,000 44 XMedian - Washington St (Channel Dr - Hwy 111) 0 1,200 1,200 2 XMedian - Washington St (Hwy 111- Simon Dr) 0 2,350 2,350 2 XMedian - Washington St (Miles Ave - Channel Dr) 0 17,500 17,500 17 XMedian - Washington St (Simon Dr - Ave 47) 0 16,000 16,000 25Median - Washington St (South east corner at Hwy 111) 0 1,400 0 0Perimeter - Acacia (Miles Ave (N Harland Dr/Seeley Dr) 0 38,606 38,606 41 XPerimeter - Adams St West Side (Westward Ho Dr-Bayberry Ln)0 21,415 21,415 40Perimeter - Avenida Nuestra N side (E&W of Washington St)0 38,910 38,910 0Perimeter - Ave 52 Lots , NS, (Desert Club to Mendoza)0 91,000 91,000 8Perimeter - Cactus Flower (Dune Palms Rd) 0 30,152 30,152 32 XPerimeter - Cactus Flower (Fred Waring Dr) 0 25,652 25,652 35 XPerimeter - Del Rey L.Q. Norte (Adams & Miles, SE) 0 14,378 14,378 25 XPerimeter - Eisenhower Dr west side (Tampico to the Bridge)0 24,600 24,600 14Perimeter - Eisenhower Dr east side (Bridge to 750 ' north)0 4,800 4,800 0Perimeter - Inco / Century Homes(Adams St & Miles Ave)0 52,614 52,614 53 XPerimeter - Jefferson St. E & W sides (Westward Ho to Vista Granda)0 62,600 62,600 159Page 3 of 4 Facility S.F. TurfS.F. ShrubG.CS.F. IrrigationTreesMaxicomor IQ Trash CanPerimeter - L.Q. Del Oro (Washington St/Via Sevilla) 0 20,910 20,910 12 XPerimeter - L.Q. Highlands (Adams St) 17,946 2,484 20,430 32 XPerimeter - L.Q. Highlands (Fred Waring Dr) 48,539 16,356 64,895 88 XPerimeter - Marbella (Miles Ave/Adams St) 0 44,266 44,266 71Perimeter - Parking Lot (Bermudas & Montezuma 0 6,000 6,000 52 X XPerimeter - Quinterra (Miles Ave) 0 28,520 28,520 29Perimeter - Rancho Ocotillo (Adams St) 0 16,704 16,704 28 XPerimeter - Rancho Ocotillo (Fred Waring Dr) 0 29,332 29,332 9 XPerimeter - Sports Complex (Ave 50) 0 0 9,500 3Perimeter - Topaz ( Dune Palms Rd) 0 26,040 26,040 72 XPerimeter - Topaz (Miles Ave s/o Bridgette) 0 13,208 13,208 0Perimeter - Topaz (Miles Ave) 0 51,212 51,212 85 XPerimeter - Washington St East Side (Ave 50-Ave 52) 0 27,000 27,000 78Perimeter - Washington St East Side (Sagebrush Ave-600' South)0 3,600 3,600 15Perimeter - Washington St West Side (100' S of Ave 47-Simon Dr)0 27,800 27,800 38 XPerimeter - Washington St West Side (Ave 52-Avenida La Fonda)0 5,000 5,000 9Perimeter-Jefferson St. East side,North of Ave 50, 1,250 ft.Perimeter - Adams St (Ave 47 to 550 ft So) SW corner 7,600 9,000 16,600 11Tecate/Bermudas - south side (Madero to Madrid) 0 20,000 0 0 XEisenhower Dr. (Durango to Tampico) Palms Trees 0 0 0 110Ave Obregon (Chihuahua to Cul-de-sac) Palm Trees 0 0 0 160 Ave Montezuma N & S sides (Eisenhower to Navarro) PalmTr00 075Nature Preserve (Ensenada to Chillon)Total Combined Projects89,739 2,539,754 2,629,293 3812Page 4 of 4 City of La Quinta CITY COUNCIL MEETING: May 21, 2019 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO PWLC II, INC FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PROJECT NO. 2018-30) RECOMMENDATION Award a contract to PWLC II, Inc. in the amount of $687,059 for Citywide Landscape Maintenance Services for Landscape and Lighting Assessment District 89-1; and authorize the City Manager to execute the contract. EXECUTIVE SUMMARY •The City contracts landscape maintenance services for all public medians, parkways, and Fire Stations and ensures safe and aesthetically pleasing streetscapes throughout the City. •On April 11, 2019, the City posted a request for qualifications and proposal (RFQ/RFP) for Citywide landscape maintenance services; four responses were received. •After extensive review, the Selection Committee (Committee), recommended PWLC II, Inc. (PWLC) based on their qualifications. •The current contract with Conserve LandCare (Conserve) will expire on June 30, 2019, after a three-year term. FISCAL IMPACT The total cost for 2019/20 would be $687,059, the annual cost is allocated between the Lighting and Landscape and Fire funds as follows: 2018/19 2019/20 L&L Fund (215-7004-60112) $ 501,065 $ 669,519 Fire Fund (101-2002-60112) $ 14,592 $ 17,540 TOTAL $ 515,657 $ 687,059 BACKGROUND/ANALYSIS The citywide landscape maintenance program provides for daily, weekly and monthly maintenance of all landscaped areas located within the City’s right-of-ways. BUSINESS SESSION ITEM NO. 3 221 An RFQ/RFP (Attachment 1) for Citywide landscape maintenance services was posted on the City website on April 11, 2019. A mandatory pre-proposal meeting was held on April 23, 2019 and six contractors attended. Four RFQ/RFP’s were received and reviewed by the Committee. PWLC II, Inc., located in Palm Springs, was selected based on their work proposal qualifications. The contract (Attachment 1) includes landscape maintenance service for public medians, parkways, and Fire Stations. City retention basins are included in the parks landscape maintenance contract to have turf landscapes maintained by the same contractor, and the Lighting and Landscape contractor can remain focused on street landscapes. The contract would be for an initial one-year term, July 1, 2019 through June 30, 2020, and will allow for four, one-year extensions, renewable at the beginning of each fiscal year through 2023/24 at the City’s discretion if the contractor performs in a satisfactory manner. Conserve was awarded the L&L Contract in June 2016 based on low bid, which was $189,149 lower than the next lowest bid submitted. 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 may cause a delay in services. Prepared by: Dianne Hansen, Management Assistant Approved by: Steve Howlett, Facilities Director Attachment: 1. Contract 222