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2024 Conserve Landcare Proj. 2016-03I - Cactus Flower Landscape RenoMEMORANDUM ta Qa�&a ( U.11:0KNIA DATE: January 11, 2024 TO: Jon McMillen, City Manager FROM: Carley Escarrega, Administrative Technician RE: Conserve Landcare - La Quinta Landscape Renovation Improvement - Cactus Flower Project No. 2016-031. 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 December 19, 2023 Consent 6 City Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] 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. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): L I_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids QSole Source 1:1 Select Source Cooperative Procurement Reauestina department shall check and attach the items below as auurouriate: �✓ _ Agreement payment will be charged to Account No.: 401-0000-60188-201603-CT ❑✓J Agreement term: Start Date January 15, 2024 End Date April 30, 2024 Fv L Amount of Agreement, Amendment, Change Order, etc.: $ 1,217,000.00 REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! W] J r I_ NOTE; LJ_ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Laurie McGinley Date: 1 /11 /2024 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form required pursuant FPPC regulation 18701(2) Business License No. 769390 Expires: 7/31 /2024 Requisition for a Purchase Order has been prepared (Agreements over $5,000) 700 is SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and Conserve Landcare, 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 for Project No. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower in the City of La Quinta, California pursuant to the Invitation to Bid, dated November 2023, the project Specifications, and Contractors Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 60 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration and additive alternate no. 1, One Million Two Hundred Seventeen Thousand Dollars and Zero Cents ($1,217,000.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, 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). Contract 13pp-1 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder 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 hftp:llwww.dir.ca.govlPublic- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders 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 bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, 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 Contract 1300-2 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 agreement 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; Contract 1300-3 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. 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 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. 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City a Milestone Schedule with a beginning date of 15 days after the Notice of Award as provided in said Specifications, Section 4.2, Construction Schedule. Contractor shall pay to City $500.00 liquidated damages per calendar day that the Milestone Schedule is not provided. 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. Contract IN" 13. Contractor also agrees that for contracts in excess of $30,000.00 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 bid 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. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. 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. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. 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. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. 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. 21. 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 California municipal corporation Dated, 1 `4 I �'0a ATTEST: Monika Radeva, City Clerk APPROVED AS TO FORM: By: S. Jaj-ifcMillen, City Manager Dated: 1I J � I pz, 'q Wi•(/(,r Dated•• ,, �'`•'� WILLIAM H. IHRKE, City Attorney City of La Quinta, California "CONTRACTOR" (If corporation, affix seal) Dated: 1��'� By: Signatur Name: i,4ytp AS(W it Title: &, Print Name Address: OJ�F iCl , _ j j? Street Address City Dated: By: Name: Address: Print Name Street Address Title: City Signature Zip Code State Zip Code Contract 1300-6 Bond No. 800151822 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on December 19, 2023, awarded to Conserve Landcare, hereinafter designated as the Principal, a Contract for Project No. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower and: WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and Atlantic Specialty Insurance Company as Surety, are held and firmly bound unto the City in the just and full amount of the base consideration and additive alternate no. 1, One Million Two Hundred Seventeen Thousand Dollars and Zero Cents ($1,217,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to 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 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 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. Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 22nd day of December , 2023, 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. Conserve Landcare, LLC Principal (Seal) Signatu or Principal Title of Sig atory Atlantic Specialty Insurance Company Surety Sign re for Surety My Hua, Attorney -in -Fact Title of Signatory 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (952)852-2431 Phone # of Surety Nicholas Green Contact Person for Surety (Seal) Faithful Performance Bond 1a10-2 CALIFORNIA ALL-PURPOSE 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 Orange On DEC 2 2 2023 before me, - Kathy R. Mair, Notary Public DATE [Name of Notary Public and Title "Notary Public"] personally appeared MyHua---------------------------------------------, [Name(s) of Signer(s)] who proved to me on the basis of satisfactory evidence to be the person( whose name(&) islafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4Wherlth& authorized capacity(ee), and that by #*s/her/tl4& signature(&) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHY It. —7 Notary Public - California , 3; orange County IE rimlE* s 2355501 GEx7lres My TT May II I025 � r Signature of Notary Public Place Notary Seal Above ----------------------------------------- OPTIONAL ------------------------------------ Though this section is optional, 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: My Hua Signer's Name: Corporate Officer Title(s): Partner — ❑ Limited ❑ General Individual ® Attorney -in -Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: intact INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Tenzer V. Cunningham, Brenda Wong, Martha Gonzales, Joaquin Perez, My Hua, Mechelle Larkin, Kathy R. Mair, Regina flange], each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with tite Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary orthe Assistant Secretary, and the Company seal maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Anorney-in-Fact for purposes only of executing and scaling any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. 4 16",GpAPOAgIF90S =y SEAL �^ r 1986 0 = By STATE OF MINNESOTA '?� 4Fw yol?, Ab,, Paul J. Brehm, Senior Vice President HENNEPIN COUNTY ,��b -0,, On this twenty-seventh clay of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. E SON DWAN NASH•;ROUTARY PUBLIC • MINNESOTACommission Expires January 31, 2025 Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resoluti ns set forth above are now in force. Signed and sealed. Hated day JEC Z z 2023 This Power of Attorney expires January 31, 2025 ........... `;QV�ppgPOAq Fg9�,i 41 SEAL0. z 1986 o Kara Barrow, Secretary Please direct bond verifications to sur uttauottswancexom )r ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On 1 /8/2024 before me, Edward Ernst, Notary Public (insert name and title of the officer) personally appeared Kevin Rocker 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. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. EDWARD ERNST WITNESS my hand and official seal. s0my COMM. #2427583 xNotary Public - California Riverside County Comm. E� fires Dec.18. 2026 Signatur (Seal) Bond No. 800151822 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on December 19, 2023, awarded to Conserve Landcare, hereinafter designated as the Principal, a Contract for Project No. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower 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 Atlantic Specialty Insurance Company as Surety, are held and firmly bound unto the City in the just and full amount of the base consideration and additive alternate no. 1, One Million Two Hundred Seventeen Thousand Dollars and Zero Cents ($1,217,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the Payment Bond 1320-1 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. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 22nd day of December , 2023, 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. Conserve Landcare, LLC Principal (Seal) Signatu5*r Principal r ftoipoyr Title of Sign tory Atlantic Specialty Insurance Company Surety (Seal) Signature r Surety My Hua, Attorney -in -Fact Title of Signatory 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (952) 852-2431 Phone # of Surety Nicholas Green Contact Person for Surety Payment Bond 1320-2 CALIFORNIA ALL-PURPOSE 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 _ _ Orange On DEC 2 2 2023 before me, Kathy R. Mair, Notary Public , DATE (Name of Notary Public and Title "Notary Public"] personally appeared MyHua---------------------------------------------, IName(s) of Signer(s)] who proved to me on the basis of satisfactory evidence to be the person() whose name(() islafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in I4slherlthe# authorized capacity(ieo, and that by WWherlt4& signaturew on the instrument the person(}, or the entity upon behalf of which the person(6-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WHY R. MA)R MOta P ,! ry Ub"c - Calffornfa "i OranIe County Cammissfon s IISSSOa My COMM. Expires May I I, IOIS r r Signatures otary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: My Hua Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney -in -Fact ❑ Individual ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: intact INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its princpal office in Plymouth, Minnesota, does hereby constitute and appoint: Tenzer V. Cunningham, Brenda Wong, Martha Gonzales, Joaquin Perez, My Hua, Mechelle Larkin, Kathy R. Mair, Regina Rangel, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and de.rver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Anorney-in-Fact and revoke all power and authority given to any such Attorney in. Fact. Resolved: Thai the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney in. Fact shalt be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and scaling any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, bung hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though. manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. � 9 aGpRPOAgTF�n'. SEAL m 1986 6 - By STATE OF MINNESOTA ys�1 Fw voP�ya: Paul J. Brehm, Senior Vice President HENNEPIN COUNTY • b � ......... On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2026 r Notary Public [, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of D E e z z 2023 This Power of Attorney expires January 31, 2025 4�G GOFfORgTFpo': SEAL 1986 o tieroP�da w Kara Barrow, Secretary Please direct bond verifications to surety rniatitliisurar<e_cum ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of .. Riverside On 1/8/2024 before me, Edward Ernst, Notary Public (insert name and title of the officer) personally appeared Kevin Rocker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. fDWA D WNST WITNESS my hand and official seal. COMM. #2427583 lbmy-Comm.-Egres Notary Public - Calilomia Riverside County Dec. 18, 2026 Signatur (Seal) SECTION 1330 WORKERS' COMPENSATION INSUMNCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature i ,I Date I 1 41 ( lat &1 Workers Compensation Insurance Certificate 113o-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City 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 Liability and Insurance Requirements 1340-1 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. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. if that existing coverage does not meet the requirements set forth here, it will be Liability and Insurance Requirements 13AO-2 amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Insurance Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for Liability and Insurance Requirements 1340-3 losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Parry shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Parry or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. Liability and Insurance Requirements 1340-4 2.3 Remedies In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. 2.4 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance Provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. Liability and Insurance Requirements 1340-5 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. 7. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 8. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Parry or deducted from sums due Contracting Party, at City option. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 10. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. Liability and Insurance Requirements 1340-6 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contracting Parry will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 21. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Liability and Insurance Requirements 13Q-7 22. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 2.5 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Jon McMillen, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Liability and Insurance Requirements 1340-8 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: December 19, 2023 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO CONSERVE LANDCARE FOR LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT NO. 2016-031 LOCATED AT THE CACTUS FLOWER DEVELOPMENT RECOMMENDATION Award a contract to Conserve LandCare for the La Quinta Landscape Renovation Improvements Project No. 2016-031, located at the Cactus Flower development on the south side of Fred Waring Drive and east side of Dune Palms Road; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount. EXECUTIVE SUMMARY • The seventh and final phase of the Measure G funded La Quinta Landscape Renovation project is located at the Cactus Flower development on the south side of Fred Waring Drive and east side of Dune Palms Road (Attachment 1). • The project includes: o Over 47,000 square feet of turf removal. o Over 104,000 square feet of new and refreshed landscape and irrigation. o Additive Alternate for an approximately 2,800 square foot mini sports park with pickleball courts and table tennis located on an unused portion of Buttercup Lane. • Conserve LandCare of Thousand Palms, California, submitted the lowest responsible and responsive bid at $1,217,000 (Attachment 2). Staff recommends awarding the base bid in the amount of $1,152,564 and the additive alternate in the amount of $64,436. FISCAL IMPACT The Capital Improvement Program (CIP) has allocated $9,963,148 to Landscape Renovation projects, $9,043,914 of Measure G Funds, $426,073 of General Funds, $479,661 of Coachella Valley Water District (CVWD) reimbursement, and $13,500 of Arts in Public Places Funds. The following is the project budget: Total Budget (All Phases)* Expended To Date Phase 7 Cactus Flower Professional: $ 547,258 $ 269,007 $ 30,000 Design: $ 699,212 $ 538,146 $ 82,110 Inspection/Testing/Survey: $ 677,242 $ 68,925 $ 40,000 Construction: $ 6,970,407 $ 5,652,528 $ 1,217,000 Contingency: $ 1,069,029 $ 0 $ 134,000 Total Budget: $ 9,963,148 $ 6,528,606 $ 1,503,110 *Note: This is the last phase in the multi -year Landscaping Renovation Project. BACKGROUND/ANALYSIS The seventh and final phase of the Measure G funded La Quinta Landscape Renovation project is located in the Cactus Flower development. The improvements for this phase will convert over 47,000 square feet of turf to desert landscaping, which will reduce maintenance and watering costs and over 104,000 square feet of new and refreshed landscaping and irrigation which includes wall cleaning and painting to complete the renovation effort. Additionally, a mini sports park that would include pickleball courts and table tennis was included as an additive alternative. On November 9, 2023, staff solicited construction bids from qualified contractors. The City received three (3) bids on December 4, 2023. Conserve LandCare of Thousand Palms, California, submitted the lowest responsible and responsive bid at $1,217,000. Contingent upon approval to award the project on December 19, 2023, the following is the project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (60 Working Days) Accept Improvements ALTERNATIVES December 19, 2023 December 20, 2023 to January 19, 2024 January 22, 2024 to April 15, 2024 May 2024 Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison VICINITY MAP CACTUS FLOWER LANDSCAPE RENOVATION .. o.............. •::::::::::s::::::::'::.............::::::::.::::::::::::::::::::::::::.................... R:: ... ......: � ............................ .......................::: .............'�i:::: if1 et�to: Lax:::::::::..:::::::::::::::::: . • • :::::::::::::::::: a:::::: �::: �...... .. ...........,.................. 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Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 1 3 009 Feet REPORT PRINTED ON... 5/26/2023 3:15:05 PM © Riverside County GIs ATTACHMENT Legend Blueline Streams City Areas World Street Map Notes La Quinta Landscape Renovation Improvement - Cactus Flower Bid Opening Date: 12/04/2023 City Project No. 2016-031 ATTACHMENT 2 Bid Comparison Engineer's Estimate - Base Bid Item Item Description JUnitl Quantity I Unit Price I Total Cost OVERALL PROJECT 1 Mobilization LS 1 $ 42,000.00 $ 42,000.00 2 Traffic Control (Includes Traffic Control Plans and Engineering) LS 1 $ 26,820.00 $ 26,820.00 3 Dust Control LS 1 $ 15,909.00 $ 15,909.00 4 lClearing and Grubbing LS 1 $ 143,649.00 $ 143,649.00 CACTUS FLOWER PLAN IMPROVEMENTS 5 Demolition and Disposal LS 1 $ 2,681.00 $ 2,681.00 6 Soil Preparation and Fine Grading LS 1 $ 14,038.00 $ 14,038.00 7 Modify, Relocate, and Repair Existing Lighting Electrical System w/ new Fixtures LS 1 $ 117,500.00 $ 117,500.00 8 1 Install New Sleeving per City Standard LSI 1 $ 5,000.00 $ 5,000.00 9 Sidewalk Replacement per City Code and Concrete Pads SF 280 $ 10.00 $ 2,800.00 10 Wall Cleaning LS 1 $ 60,576.00 $ 60,576.00 11 Keystone Block - 2 Course Stack SF 1,084 $ 75.00 $ 81,300.00 12 Keystone Block - 3 Course Stack SF1 1,542 $ 75.00 $ 115,650.00 13 Keystone Block - 4 Course Stack SF 1,360 $ 75.00 $ 102,000.00 14 Keystone Block - 5 Course Stack SF 1,100 $ 75.00 $ 82,500.00 15 Furnish and Install - Landscape Boulders EA 111 $ 125.00 $ 13,875.00 16 Furnish and Install - 3/8" Minus w/20% Fines- Decomposed Granite - Desert Gold SF 1,295 $ 1.88 $ 2,434.60 17 Furnish and Install - 3/8" Crushed Rock - Apache Brown SF 1,835 $ 1.88 $ 3,449.80 18 Furnish and Install - 3/8" Crushed Rock - Desert Gold SF 88,675 $ 1.30 $ 115,277.50 19 Furnish and Install - 12"-18"Sierra Cobble SF 1,045 $ 2.00 $ 2,090.00 20 Furnish and Install - 6" Minus Crushed - Baja Cresta Rubble SF 7,455 $ 3.50 $ 26,092.50 21 Furnish and Install - 6" Minus Crushed - Cresta Rubble SF 3,680 $ 3.50 $ 12,880.00 22 Furnish and Install PermaLoc Header - Asphalt Edge LF 1,730 $ 10.00 $ 17,300.00 23 Furnish and Install Landscaping per Plan LS 1 $ 74,405.00 $ 74,405.00 24 Furnish and Install Irrigation per Plan LS 1 $ 258,759.00 $ 258,759.00 25 90- Day Maintenance Period LS 1 $ 1,816.00 $ 1,816.00 JEFFERSON PARKWAY PLAN IMPROVEMENTS 26 Demolition and Disposal LS 1 $ 50.00 $ 50.00 27 Soil Preparation and Fine Grading LS 1 $ 558.00 $ 558.00 28 Keystone Block - 2 Course Stack SF 20 $ 75.00 $ 1,500.00 29 Furnish and Install - Landscape Boulders EA 4 $ 125.00 $ 500.00 Conserve LandCare Unit Price Total Cost $ 32,500.00 $ 32,500.00 $ 48,300.00 $ 48,300.00 $ 3,500.00 $ 3,500.00 $ 56,000.00 $ 56,000.00 $ 14,300.00 $ 14,300.00 $ 15,200.00 $ 15,200.00 $ 123,400.00 $ 123,400.00 $ 2,400.00 $ 2,400.00 $ 40.00 $ 11,200.00 $ 12,100.00 $ 12,100.00 $ 35.00 $ 37,940.00 $ 35.00 $ 53,970.00 $ 35.00 $ 47,600.00 $ 35.00 $ 38,500.00 $ 110.00 $ 12,210.00 $ 4.00 $ 5,180.00 $ 4.00 $ 7,340.00 $ 1.50 $ 133,012.50 $ 12.00 $ 12,540.00 $ 2.50 $ 18,637.50 $ 2.50 $ 9,200.00 $ 12.00 $ 20,760.00 $ 110,400.00 $ 110,400.00 $ 275,800.00 $ 275,800.00 $ 18,000.00 $ 18,000.00 $ 500.00 $ 500.00 $ 700.00 $ 700.00 $ 100.00 $ 2,000.00 $ 110.00 $ 440.00 Urban Habitat Unit Price Total Cost $ 60,889.00 $ 60,889.00 $ 25,300.00 $ 25,300.00 $ 15,139.00 $ 15,139.00 $ 71,784.00 $ 71,784.00 $ 4,622.00 $ 4,622.00 $ 27,849.00 $ 27,849.00 $ 176,000.00 $ 176,000.00 $ 1,269.00 $ 1,269.00 $ 42.40 $ 11,872.00 $ 10,566.00 $ 10,566.00 $ 37.20 $ 40,324.80 $ 37.30 $ 57,516.60 $ 37.20 $ 50,592.00 $ 37.10 $ 40,810.00 $ 186.60 $ 20,712.60 $ 5.40 $ 6,993.00 $ 4.00 $ 7,340.00 $ 2.52 $ 223,461.00 $ 25.52 $ 26,668.40 $ 4.00 $ 29,820.00 $ 4.19 $ 15,419.20 $ 17.00 $ 29,410.00 $ 91,120.00 $ 91,120.00 $ 287,332.00 $ 287,332.00 $ 17,103.00 $ 17,103.00 $ 559.93 $ 559.93 $ 2,920.00 $ 2,920.00 $ 185.85 $ 3,717.00 $ 284.00 $ 1,136.00 Desert Concepts Construction, Inc. Unit Price Total Cost $ 82,000.00 $ 82,000.00 $ 110,000.00 $ 110,000.00 $ 10,000.00 $ 10,000.00 $ 19,000.00 $ 19,000.00 $ 10,000.00 $ 10,000.00 $ 18,000.00 $ 18,000.00 $ 98,000.00 $ 98,000.00 $ 20,000.00 $ 20,000.00 $ 14.00 $ 3,920.00 $ 25,000.00 $ 25,000.00 $ 25.00 $ 27,100.00 $ 25.00 $ 38,550.00 $ 25.00 $ 34,000.00 $ 25.00 $ 27,500.00 $ 980.00 $ 108,780.00 $ 4.50 $ 5,827.50 $ 4.50 $ 8,257.50 $ 4.75 $ 421,206.25 $ 7.00 $ 7,315.00 $ 7.50 $ 55,912.50 $ 7.50 $ 27,600.00 $ 28.00 $ 48,440.00 $ 160,000.00 $ 160,000.00 $ 120,000.00 $ 120,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 50.00 $ 1,000.00 $ 980.00 $ 3,920.00 Page 1 of 2 Bid Opening Date: 12/04/2023 La Quinta Landscape Renovation Improvement - Cactus Flower City Project No. 2016-031 Engineer's Estimate - Base Bid Item Item Description Unit Quantity Unit Price Total Cost 30 Furnish and Install - 3/8" Crushed Rock - Apache Brown SF 3,556 $ 1.88 $ 6,685.28 31 Furnish and Install - 6" Minus Crushed - Baja Cresta Rubble SF 164 $ 3.50 $ 574.00 32 Furnish and Install PermaLoc Header - Asphalt Edge LF 25 $ 10.00 $ 250.00 33 Boring for Lateral Line LF 60 $ 8.00 $ 480.00 34 Furnish and Install Landscaping per Plan LS 1 $ 2,168.00 $ 2,168.00 35 IFurnish and Install Irrigation per Plan LS 1 $ 6,990.00 $ 6,990.00 36 190 - Day Maintenance Period I LSI 1 $ 186.00 $ 186.00 Sub -Total Base Bid: $ 1,360,743.68 BID ADDITIVE ALTERNATE NO. 1 - CACTUS FLOWER MINI SPORTS PARK Item Item Description Unitl Quantity Unit Price Total Cost AA1-1 Site Control LS 1 $ 2,980.00 $ 2,980.00 AA1-2 Dust Control LS 1 $ 1,768.00 $ 1,768.00 AA1-3 Clearing and Grubbing LS 1 $ 15,961.00 $ 15,961.00 AA14 I Demolition and Disposal LS 1 $ 2,681.00 $ 2,681.00 AA1-5 Fine Grading LS 1 $ 1,560.00 $ 1,560.00 AA1-6 3" Asphalt Concrete Over 4" Aggregate Base Over 12" Scarified and Compacted Native SF 700 $ 3.00 $ 2,100.00 AA1-7 Asphalt Crack Fill SF 3,340 $ 1.50 $ 5,010.00 AA1-8 On Interlocking concrete Pavers (Installation SF 740 $ 6.00 $ 4,440.00 AA1-9 Concrete Banding - 2' Wide, 6" Thick LF 72 $ 6.00 $ 432.00 AA1-10 Pickleball Court Synthetic Surfacing SF 3,100 $ 3.50 $ 10,850.00 AA1-11 Pickelball Fence and Gates per Plan LS 1 $ 18,870.00 $ 18,870.00 AA1-12 Pickleball Net and Posts LS 1 $ 1,500.00 $ 1,500.00 AA1-13 Benches - 6' Length EA 1 2 1 $ 1,400.00 $ 2,800.00 AA1-14 Drinking Fountain and 1" Water Service Line EA 1 $ 5,000.00 $ 5,000.00 Sub -Total Additive Alternative No.1 Bid: $ 75,952.00 Grand Total Base Bid Including Additive Alternate No. 1 : $ 1,436,695.68 Base Bid Only $ 1,360,743.68 Miscalculations and rounding errors Conserve LandCare Unit Price Total Cost $ 4.00 $ 14,224.00 $ 2.50 $ 410.00 $ 12.00 $ 300.00 $ 120.00 $ 7,200.00 $ 1,700.00 $ 1,700.00 $ 3,900.00 $ 3,900.00 $ 11200.00 $ 1,200.00 $ 1,152,564.00 Unit Price Total Cost $ 308.00 $ 308.00 $ 250.00 $ 250.00 $ 800.00 $ 800.00 $ 8,400.00 $ 8,400.00 $ 600.00 $ 600.00 $ 8.00 $ 5,600.00 $ 1.00 $ 3,340.00 $ 6.00 $ 4,440.00 $ 34.00 $ 2,448.00 $ 2.50 $ 7,750.00 $ 14,200.00 $ 14,200.00 $ 6,500.00 $ 6,500.00 $ 1,800.00 $ 3,600.00 $ 6,200.00 $ 6,200.00 $ 64,436.00 $ 1,217,000.00 $ 1,152, 564.00 Urban Habitat Unit Price Total Cost $ 3.80 $ 13,512.80 $ 6.00 $ 984.00 $ 17.00 $ 425.00 $ 83.00 $ 4,980.00 $ 1,508.00 $ 1,508.00 $ 12,021.00 $ 12,021.00 $ 484.00 $ 484.00 $ 1,392,160.33 Unit Price Total Cost $ 1,100.00 $ 1,100.00 $ 2,675.00 $ 2,675.00 $ 2,686.00 $ 2,686.00 $ 4,042.00 $ 4,042.00 $ 772.00 $ 772.00 $ 28.05 $ 19,635.00 $ 6.05 $ 20,207.00 $ 23.20 $ 17,168.00 $ 95.25 $ 6,858.00 $ 12.00 $ 37,200.00 $ 1,559.00 $ 1,559.00 $ 6,741.00 $ 6,741.00 $ 1,544.00 $ 3,088.00 $ 11,926.00 $ 11,926.00 $ 135,657.00 $ 1,527,817.33 $ 1,392,160.33 Desert Concepts Construction, Inc. Unit Price Total Cost $ 4.50 $ 16,002.00 $ 12.50 $ 2,050.00 $ 28.00 $ 700.00 $ 200.00 $ 12,000.00 $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 $ 18,000.00 $ 18,000.00 $ 1,597,080.75 Unit Price Total Cost $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 $ 8,000.00 $ 8,000.00 $ 18.00 $ 12,600.00 $ 5.00 $ 16,700.00 $ 22.00 $ 16,280.00 $ 35.00 $ 2,520.00 $ 28.00 $ 86,800.00 $ 38,000.00 $ 38,000.00 $ 4,800.00 $ 4,800.00 $ 3,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 $ 235,700.00 $ 1,832,780.75 $ 1,597,080.75 Page 2 of 2