HomeMy WebLinkAbout1995-243
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RESOLUTION NO.
95-243
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE
ORDER TO R. P. LANDSCAPE &: IRRIGATION FOR THE FURNISHING AND
DELIVERY OF LANDSCAPE MAINTENANCE SERVICES, TO BE UTILIZED BY THE
PARKS, RECREATION &: COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE
WITH BID SPECIFICATION F-96-05.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That R. P. Landscape &: Irrigation is the lowest
and best responsible bidder for the furnishing and delivery of
landscape maintenance services in accordance with Bid
Specification F-96-0S for the total amount of $ 142.092; pursuant
to this determination, the Purchasing Manager is hereby authorized
and directed to issue a purchase order for said landscape contract
services to said lowest and best responsible bidder; such award
shall only be effective upon the issuance of a Purchase Order by
the Purchasing Manager; and all other quotations therefor are
hereby rejected.
SECTION 2. The authorization to execute the above
referenced purchase order is rescinded if it is not issued within
sixty (60) days of the passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an "rlj(mrnp(J rpl\1111rlr meeting thereof, held on the
10th
July
, 199 5 , by
day of
the following vote, to wit:
/ / / /
/ / / /
/ / / /
/ / / /
6-26-95
-1-
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d
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RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER
TO R. P. LANDSCAPE &: IRRIGATION FOR THE FURNISHING AND DELIVERY OF
LANDSCAPE MAINTENANCE SERVICES TO BE UTILIZED BY THE PARKS,
RECREATION &: COMMUNITY SERVICES DEPARTMENT IN ACCORDANCE WITH BID
SPECIFICATION F-96-05.
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER X
~t~
The foregoing resolution is hereby approved this
/Jfl
day of
July
Approved as to form
and legal content:
James F. Penman,
City ttorney
By:
.,/L.~
(
6-26-95
cj ,reso-spec. 96/03-96/06
, 199 5 .
.----:- ~) \
/~ ti!:ttP'~
Tom Minor, Mayor
City of San Bernardino
-2-
,r;-,-
r
f,- flb-eS
PROPOSAL FORM
TO mE MAYOR AND COMMON COUNCIL OF
mE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work, that
he has examined the Plan and read the accompanying instructions to bidders and hereby proposes
to furnish any and all required labor, materials, transportation and serve for the
MAINTENANCE AND LANDSCAPING OF "E" STREET TURN OUT, MOUNTAIN
VIEW A VENUE MEDIAN OIIGHLAND A VENUE TO INTERSECTION PAST 36m
STREET) CROSSTOWNFREEW A YFRONTAGE, MUSCUPIABLEMEDIAN, COLONY
PARK, nnu STREET OVERPASS (FOUR AREAS) AND DUFFY STREET
GREENBELT
in strict conformity with the Purchasing Department, and also in accordance with Standard
Specifications for Public Works Construction, 1994 Edition, and "Landscape Cost Estimating",
by Colton, current Edition. Undersigned proposes and agrees if this proposal is accepted, that
he will contract with the City of San Bernardino, in the form of the copy of the contract annexed
hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance,
and to do all the work and furnish all the materials specified in the contracts, in the manner and
time therein prescribed, and that he will take full payment therefor the following unit prices or
1.._- _.._ _-=___ 4_ ~_.:4.
1UU1V ~U"I PU\,A;-03, "\lWu..
Bids must be submitted on the proposal form contained herein. All bids or proposals shall be
signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City
of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond
shall be given as a guarantee that the bidder will enter into the contract, if awarded to him. In
the event the bidder, to whom the contract is awarded, refuses to execute said contract, the use
by the public of the improvements will be delayed and tfie public will suffer great damage.
From the nature of the case, it would be extremely difficult and impractical to fix said amount
of damage. Therefore, the City and the bidder agree that the proposal guarantee of 10% of the
bid shall be paid to the City upon the conditions set forth above as liquidated damages and not
as a forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's
most recent Insurance Guide of "A" or better.
- 3 -
r----
.-. .. ~.,
BID SPECIFICA nON NO. F-96-05
BID SCHEDULE
BASIC BID
MAINTENANCE OF LANDSCAPING AREA
fNIT
DESCRIPTION OF ITEMS WITH
QUANTITY UNIT UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE
TOTAL
1
L.S. The Maintenance of Landscaping
and Irrigation at "E" Street
Turn Out at the Lump Sum
price of
L.S.
$960.47
1
L.S. The Maintenance of Landscaping
and Irrigation at Mountain
View A venue Median (Highland
A venuee to Intersection of 36th
Street at the Lump Sum price of
L.S.
$11,258.04
1
.
T ~ T\..4 ~"~;nt4n~n"'4 ~nrf T ~nr1~~~nincr
......~. JI....... .......-............................. ......~ ....-u.-.6..-.-..t".....c
LS.
$1,677.06
and Irrigation at the Crosstown
Freeway Frontage, at the Lump
Sum price of
I
"
1
L.S. The Maintenance of Landscaping'
and Irrigation at Muscupiabe
Median, at the Lump Sum price of
L.S.
$3,415.10
- 4 -
,
BID SCHEDULE
BASIC BID
MAINTENANCE OF LANDSCAPING AREA
DESCRIPTION OF ITEMS WITH UNIT
TOTAL
JNIT QUANTITY UNIT
1
L.S,
The Maintenance of Landscaping L.S.
and Irrigation at Colony Park,
at the Lump Sum price of
$10,160.33
1
L.S.
The Maintenance of Landscaping L.S.
and Irrigation at the Fifth
Street Overpass (Four Areas),
at the Lump Sum price of
$15,246.00
1
L.S.
The Maintenance of Landscaping L.S,
and Irrigation at the Duffy
Street Greenbelt, at the Lump
Sum price of
$7,623.00
'OT AL BASIC BID FOR ONE YEAR:
UNIT PRICE PER ACRE One Hundred Twentv NineS 129.11
Dollars & Eleven Cents
WRITTEN IN WORDS f1ftv 'IlIuBd 'DD3e Hnbd 1brtY $ 50.340.00
n>n..... & N> ODs
rOTAL BASIC BID FOR THREE YEARS:
UNIT PRICE PER ACRE em Ihrlrm 'lhirtv NilE n>n..... $ 13 9 _ 00
cni N> ODs
WRITTEN IN WORDS _One Hundred Forty Two $142.092.00
Thousand Ninty Two Dollars & No Cents
UNIT PRICE PER ACRE One Hundred Thirtv Nine$139.00
Dollars & No CeQ~_
- 5-
F-96-05
In case of a discrepancy between words and figures, the words shall prevail.
It is the understanding of the undersigned that the work hereinabove described shall be commenced on July
1995, and shall continue in good and workmanlike manner for the duration of the contract as agreed by the
Contractor and City which serves the best interest of the City.
The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,
all within the specified time, the proceeds of the Bidder's Guaranty accompanying this proposal shall be paid
to the City of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor, License No. 702393
Classification C-27
FIRM NAME: R.Pe LANDSCAPE & IRRIGATION
BUSINESS ADDRESS: 565 Rhri, ct.. !lIlii-Po A - _ilil'\Q A.'Iol. P n Jny 41"'1 rn1+-.......
SIGNATURE OF BIDDERS: ~ ~O -. . \L- ........ -
6
If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all
dividuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also the names
of the president, secretary, treasurer and manager thereof.
lated:
, 1995
,IDDERS ACKNOWLEDGEMENT OF ADDENDUMS:
ADDENDUM NO. 1 ~<i.
DATE: 6-9-95
ADDENDUM NO.2
DATE:
ADDENDUM NO.3
DATE:
- 6 -
1.---
"7
'-
....
GENERAL BIDDER INFORMATION
l1e bidder shall furnish the following information at time of bid submittal (additional sheets may be attached, if
lecessary).
n compliance with the provisions of Section 7028,15 of the State Business and Professions Code and any subsequent
mendments thereto, the undersigned certifies that he/she understands that any bid not containing the following
equired information or containing information which is subsequently proven false shall be considered non-responsive
md be rejected by the City of San Bernardino. The bidder also certifies under penalty of perjury under the laws of
he State of California that the following is true and correct.
Project Title AI'HJAL I.ANIB:APE MIUNI.'F.tWCE. SE.VEN IIY'J\TT(Hi
Designation of Prime Contractor:
a) Firm: R.P. I.l\Ku::APE & IRRICATlU.
b) Bidder: lbv ~ Title: cu-r
c) Signature: ~ l,zO - ~ ~
d)
Address: 565 Bin::h ct.. ~Iite A - NFli li"ll A...l.
p n A-"'nr 41":1 ,...,...,1+".,.,.
e) Contractors Licensing:
License No. 702393
Classification C-27
C'...........
"'...~
CA
Expi!?t!0!1 D~!e 2-6-97
t) Type of Firm*
Individual
*
Partnership
Corporation
Corporation chartered under the laws of the State of
g)
Number of years as a contractor in the construction of this type
7
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/;.
. ...
h) Three projects of this type recently completed:
Contract Type of Date Owner's Name,
Amount Proj ect Completed Address, Phone Number
108,000 ~tenance Glen Ibll.ey, 714-953-4040
44,000 ~tenace Janet flJDs(n, 714-780-4400
18,OOO ~tenanoe Rln Jomson, 909-884-4033
i) If an individual, so state. If a firm or co-partnership, state the firm name, give the names and addresses
of all individuals, co-partners, composing the firm. If a corporation, also name of President, Secretary,
Manager and Treasurer thereof, with their business address.
Designation of Subcontractor
In compliance with the provisions of Section 4100-4107 of the Labor Code of the State of California and any
amendments thereto, the bidder certifies that he has used the sub-bids of the following list of subcontractors
in making up his bid, and that subcontractors listed will be used for the work for which bid, subject to the
approval of the City of San Bernardino, and in accordance with the applicable provisions of the specifications.
If the bidder does not submit the names and addresses of the subcontractors, he shall be required to do the
work with his forces. If no subcontractors are listed, all bonds and insurance shall be written in the name of
the general contractor only, and any liabilities arising through the operation of a subcontractor shall not be
covered by the bonds and insurance.
a.
Subcontractor Listing:
(Attach additional sheets, if necessary)
Firm
Address
Phone
Item of Work
Percent of Construction
License No.
Firm
Address
Phone
Item of Work
Percent of Construction
License No.
~ "
_'J t_~ -,
- 8 -
irm
Address
Phone
:em of Work
Percent of Construction
jcense No.
'irm
Address
Phone
,em of Work
Percent of Construction
icense No.
lote: If requested by the Owner, the bidder shall furnish a notarized financial statement, references and other
information sufficiently comprehensive to permit an appraisal of his current financial condition and ability to
perform the project scope of work.
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/.. :/
BOND NO. GE5698282
BID OR PROPOSAL BOND
KNOW All MEN BY THESE PRESENTS, that we R. P. Landscape and Irrigation
as PRINCIPAL, (hereinafter called the Principal), and GULF INSURANCE COMPANY
, a corporation duly organized under the STATE OF MISSOURI and authorized to transact
a general surety business in the State of CA as SURETY, (hereinafter called the Surety), are held firmly bound unto:
City of San Bernardino
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not,
however, in excess of Five thousand thirty four and no/l00----------------------------dollars,
($ 5.034.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, e~ecutois\ administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the
Obligee a proposal or bid, dated on or about the date mentiQned below, for: (1) the performance of the designated work, or
(2) the furnishing of the specified goods, supplies or products, to-wit:
Provide Annual Landscape Maint~nance
Seven locations
NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall
duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any
amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to
the Principal for exeartion, should the Obligee award the Principal the said work or contract, or any part thereof: and if the
Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going
thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee
the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this
bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid
shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid
provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the
time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced
within six (6) months from the date of the formal opening of said bid.
PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless aocompanied by a Certified Copy
of 21 Power of Attorney authorizing the undersigned Anorney.in.Fact to execute such a bond, the Serial Number upon which
Copy of Power of Attorney shall correspond with the Bond Number set out above.
Signed, sealed, and dated this
16th
1995
B;V R. p,i)=pe~ation
GULF INSuRANCE C ANY
\
Principal
day of
June
BY
Attorney-in-Fact
Ei
GULF INSURANCEC 4PANY
KANSAS CITY, MI5_..JURI
POWER OF ATTORl\EY
ORIGI'\ALS OF THIS roWER OF ATTOR.'\F.Y ARE PRI\TED 0:'\ nUT
SAFETY PAPER WITIl TEAL I'K. 1l1'l'L1C\n.' SII ALl. 11.\\1-: THE
SAME HlRCE :\'D EFFECT AS A"i ORI(;I\\1. Co....!.) \\IlL' ISSl Lj) 1'\
CO'R'CTIO' WITIl TilE ORI{;"AL.
KrsOWN ALL \-tEN BY THESF PRFSF"T~l h.IT 'Ile (;\:1' lP."J! j'Ic,' (i '!li
pan)'. 3 ~','rptJrall'\!1 duly nrganized unJa thl' Lt'...., ,,1 The' S~Jt" d \1".'<':111. h-I\ I:IL:
ils prin~'i!,al11ffi,'c in lhe l'ily of Irving, TCAa" pur',IJ"J',i I"~ tk; ,::,",\]L~ rL'.,(\lul.i'l1.
adopleJ hy the Fin.ln..:e & E'\Cc'U!I\T ClJllill1;llco.: 'J' the' H"j~,.J \IT J'I'c" .~, "t 111c",hl
COmp.lny ,.n lh\.' [(nh day (If August, lli\r\ In \',11.
"RESOLVFD. lhallhe President. EX(,l'ull\l' VI~'L' PrC\ld~"~: ,'r Sc::i,'! VI,",
PresideD! ,lfthe C.'mpany sh:J.ll havc auth('rit)' lp make'. o.:\o.:u:(..' -lIlJ ,( !I,lv.,'r
of Attomc~ con\li:Llting as At\llrncy-in.Fao.:t, ~ul'h rx'r"\l1'-, I-Ifln" ,'f ~"rp"[d;I'lJl' ,j,
may be ~Ieelcu lr,ml time It) time: and am wlh AIl,'rno.:',-HI-t';hl lllJ:, hc' "L'ldll\L'J
and the J.u!hnrit\ >2ranto.:d him rC\'llb:J h\' th~' P~c'~i,k,:i, "[ I" L\,',:;1\,' \'1';-.-
Presidem, \)r am Scninr Viu: Prc~iJo.:Jlt. "Ir tH ~h..: B,<,r,j L:',' "1 r>' tile'
Finance J.oJ E\l<::..:tivc Committee of tho.: B\'arj ",I DII-..:~l,)r,
RESOLVED. thaI nothinl! in thi\ Power oj An"rTll''. ,h:..:.1l :.': :', i.ll",l:b;1 "f,lIlt
of authe'r11\ to tht' jttnmc\'(~i~in.tact to ~Ilm. e,ecw' :;Lk~lm,k,I'::, de: !",:I "1 ,:t~-"'l-
wise is....;ue 'a poll<, or po..llL'ic, of in~ur<lfl:c nil hdd:- ,,1 (juit h;~J',"L"
RESOLVED. that the ~lgn;;lUre (11 the Prc~jdc'rl1_ EXl',ut:." \'i,,' PrL ,lr
an, Seni<.'r Vice Prc~idcnL ,md the Seal nf thc (\lf1W;\T1\ l'~' ,I'rl \c:d 1" ,U1\ ~I:lh
Pl{wer \)1' Attorn~'\ or any ccrtificatc rclalinL: lhl'r~'1,' -,,\ JIlJ :!1i\ \_kh
powers ~) cxecu::J and ,::ertiflcd by lac\imil~ ~Ifn<~tll:-: :IT,J Lk'-''--':]~L' ''-'.1: ,tu!j he
valid and bindm; u~m the Company in the futu[e '.\ ::!; r\'~I't"~ 1,> ;;n\ h'Tlcj .l;ld
documents rclat1niC to such honds tll y,hich thev al\' d!\:lCh<:d ..
Gulf Insurance C0mpany does hereby make, C;lTJ"lIlUl~ dnd ,lpr,'iP'.
~~~~ER GE ~ _ 98282
o UAME, ADDRESS
I~RINC~~ CT\ STATE ZIP
R. P. Landscape and Irrigation
565 Birch Ct., Ste. A
Colton, CA 92324
L
'\
I
I
I
<
EFFEC-:-I'/E DATE
I
~ June 1~1995
>: 50,340
[: 5,034
CONTRACC AMOUNT
<
BOND AMOUNT
~
John A. Ruiz of Riverside, CA
its true and lawful attomey(sl-in-fact, wllh full JX)wer and J.tnr,,),]:~ h\'ri.:b~ ~'pnfcrrcd in ih '1:1r:1<:. ri.~c;; ,mJ _t:;'JJ. In 'iign. oeCUlC. ackno,,-leJge and deliver in its
behalf. as sure\;> , any and all bonds and undertaking, ,Ii ~urC1Y~~T, ~HlJ hl hl!ld Gulf In~Llran~',-, C':1;rJ'--'<, ln~!"er~ J~ full~ and to the '>ame extent as if any bonds,
undertakings and documents relaling to ~ul'h bOlld~ and dr un,knJ:"]rg~ ,^o.'re ~ign(;d hy the dul:- J~;I:-h\rjLd '\;;:":':' ,flhe Gulfln~urance Company and all the acts of
said auorneylsl-ln-fact, pursuant to the authority herein giu:n. .m: :J.~'r;;r:; ratified dnd conflr~r.<.:"':
The obligation of the Company shall not exceed l1ne millJl'n ,5:.'))1),000,001 ddiar-
I~ WIT!'\'"ESS "'HEREOF, the Gulf lmmrance Compan~ has cau~ed the..e prewnts to h+c ,hmed h~ an.' officer of the Company and its Corporate Seal to
tw hereto affixed.
On this 1st cia,y of Februar)'. 1994 A.D., before me came Christupher E. Watson, knO\\n to mt' pt'r,.onall~ "ho lx-ing h~ me dul~- s"orn, did depose and
sa)'; tbat he resides in the Count~' of Westchester. Statl' of 'cw \t.rk; that he i~ (he President of the (;ulf In';urance Compan). the corporation described in
and ",hich executed the aboH instrument; that he kno\\~ ttlt' ~eal Hf ~aid corporation; thaI the ~t'al afthed 10 tht' said im,trumenh is such corporate seal; that
it was so affixed b)' ordt"r of the Board of Dirt"ctor~ 01 ~aid n\rw'r;.l!irltJ ,md lna: hI-' ~i~ned hi~ 1l,lrlH:, tht'rdp b~ likt, ordt"r.
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VV~ ;!NI~
V
Da\id .JafTl!
'0, 24-~9:,Sn.~
Qualifil'd in Kin:.:" Counl,'
Comm. Expires '1tl\ember B. 1995
ST A IT OF 'EW YORK
\
SS
COL~IT OF 'EW YORK
STATE OF 'EW YORK
/~
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1C:.,c!""O'.)
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SS
l;l U I'\Sl R:\'1CE CO\IP:\,\Y
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; ""'.lJA'Jil,
~...'''~ ,'~
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Christopher [, Watson
President
COL'l'o,Y OF 'EW YORK
I. the undeoigned, Senior Vice President of the Gulf lnsuram.'l' Compan~. a \Ii<;souri Corporation. DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTOR~EY remaim in full force,
Signed and Sealed at the City or ;o..:ew York.
Dakd the
16th
da~ of
June
.1995
('
~p.,~
La\\rl"nn' P. \liniter
St.-nior \'ire l:>rl'''iidt'nl
c'
~ALlFORNIA ALL.PURPOS~ ACKNOWLEDGMENT
No. 5907
State of
County of
CALIFORNIA
RIVERSIDE
On June 16. 1995
personally appeared JOHN A. RUIZ
NAME(S) OF SIGNER(S)
-:.c7'-..........,..-:::~-~:;-.-. _.:'"~
~:.;:-;~:~~.:~.;~-:_u_.--:-
"c-_, T';- '. ~'. " ".,,:'-fl . \ \ '_ \
,/~~",':,:.:,;- ,i.__. ~':-~-' _".'~'_~\;:,_-",!__~:C.~k'\ i:/
"',;MC_''''''( co" ' ..', ,"''-~'\'ll ( l~
~>/ My Go~~,':~;i~l;i,~~ Ja~.1.4, 19\16 .'1'
[] personally known to me . OR - 0 proved to me on the basis of satisfaEltory ovideAce
to be the person()Q whose name(~ is/a,e
subscribed to the within instrument and ac-
knowledged to me that he/3l1c/tlgey executed
the same in his/tuHlUloir authorized
capacity(~s). and that by his/her/tReir
signature~) on the instrument the person~).
or the entity upon behalf of which the
personOQ acted, executed the instrument.
WITNESS my hand and official seal.
'\ jail L1 () MT7_ fA.'
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and couid prevent
fraudulent reattachment of this fonn.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Bid Bond
TITLE OR TYPE OF DOCUMENT
TTTlE(S)
o PARTNER(S)
o LIMITED
o GENERAL
(1)
[]g ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
June 16, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EN11TY(1ES)
Gulf Insurance Company
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Part<., CA 91309-7184
95-243
AGREEMENT
CITY OF SAN BERNARDINO
This agreement, made and concluded this 12th
1995, between the City of San Bernardino and
,(Contractor).
day of JULY
R.P. Landscape & Irriuation
Article I - For and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the City, and under the conditions expressed in the
bond as deposited with the City, Contractor agrees with the City, at his own proper costs and
expense, to furnish any and all required labor, materials, and transportation as set forth in the
Special Provisions to be furnished by City, necessary to complete in good workmanlike and
substantial manner the
FOR MAINTENANCE AND LANDSCAPING OF "E" STREET TURN OUT, MOUNTAIN
VIEW A VENUE MEDIAN (HIGHLAND A VENUE TO INTERSECTION PAST 36TH
STREET) CROSSTOWN FREEWAY FRONTAGE, MUSCUPIABE MEDIAN, COLONY
PARK, FIFfH STREET OVERPASS (FOUR AREAS) AND DUFFY STREET
GREENBELT
in strict conformity with Standard Specifications for Public Works/Construction, 1994 Edition,
on file at the Director of Public Works/City Engineer Department's Office, and the "Landscape
Cost Estimating", by Colton, current Edition, on file in the Office of the Director of Public
"1__1_..fr'1:... ~........:................ ,!,l,l.~h s~;d Dlans Gen",r'll rnnr1;t;r,"C' Tp.('hnlr~l "ne'~l.ficatl.on' and
VVUJ.a.:::.f'--'lL] .1......16.11.""""1., ""11"" U-l.l , .............. .............'-0..............., ~__......__ '-r -v --,-..
Landscape Cost Estimating are hereby specially referred to and by such reference made a part
hereof,
Article II - Contractor agrees to receive and accept the prices as set forth in the
successful bid as full compensation for furnishings all materials and doing all the work
contemplated and embraced in this agreement; also for all loss or damage arising out of the
nature of the work aforesaid or from any unforseen difficulties or obstructions which may arise
or be encountered in the prosecution of the work and for all risks of every description connected
with the work; also for all expenses incurred by or in consequence of the suspension or
discontinuance of work, and for well and faithfully completing the work and the whole thereof,
in the manner and according to the Plans, General Conditions and Technical Specifications and
requirements of the Director under them.
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/ .
Article rn - City hereby promises and agrees with the said Contractor to employ, and
does hereby employ the Contractor to provide the materials and to do the work according to the
terms and conditions herein contained and referred to, for the prices as set forth in the successful
bid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions
above set forth; and the parties for themselves, their heirs, executors, administrators, successors,
and assigns, do hereby agree to the full performance of the covenants herein contained.
Article IV - It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid or proposal of said
Contractor, then this instrument shall control and nothing herein shall be considered as an
acceptance of the said terms of said proposal conflicting herewith.
Article V - Execution and Amendments. This agreement and any amendments or
modifications thereto shall not take effect or become operative until fully signed and executed
by the parties and no party shall be obligated hereunder until the time of such full execution.
No oral agreements, amendments, modifications or waivers are intended or authorized and shall
not be implied from any act or course of conduct of any party.,
Article VI - Anti-Discrimination Provision. Contractor shall not discriminate against any
employee, as to up-grading, demotion, transfer, recruitment, layoff or termination, rates of pay
or other compensation because of race, color, religion, sex, national origin, age or disability_
Article vn - Hold Harmless, Contractor hereby agrees to, and shall, hold City, its
elective and appointed boards, commissions, officers, agents and employees harmless from any
liability for damage and claims for damage for personal injury, including death, as well as from
claims for property damage, which may arise from Contractor's operations under this agreement,
whether such operations be by Contractor or by anyone or more persons directly Dr indirectly
employed by or acting as agent for Contractor. Contractor agrees to and shall defend City and
its elective and appointive boards, commissions, officers and employees from any suits or actions
at iaw or in equiiy [U1 da1nages caused, or alleged to have been caused, by reason of a.~y of the
aforesaid operations.
Article vrn - Amendment. This contract may be amended or modified only by written
agreement signed by both parties hereto.
Article IX - Notices. All persons herein required shall be in writing and delivered in
person or sent by certified mail, postage prepaid, addressed as follows:
City of San Bernardino
Director of Parks,
Recreation and Community Services
547 North Sierra Way
San Bernardino, CA 92410
Contractor
R.P. Landscave & Irriaation
565 Birch Court, Suite A
Colton, CA 92324-0413
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0' _; ~/ c"
~
Article X - IndeptuJent Contractor. Both parties hereto In the performance of this
agreement will be acting in an independent capacity and not as agents, employees, partners, or
joint venturers of one another. Contractor is not an employee of City and is not entitled to any
of the rights, benefits, or privileges of the City employees, including, but not limited to, medical
or worker's compensation insurance,
Article XI - No assignment. This agreement shall not be assigned except with the
express written consent of the Mayor and Common Council.
Article xn - Entire Agreement. This agreement and any documents or instrumen(s
attached hereto or referred to herein integrate all terms and conditions mentioned herein or
incidental hereto, and supersede all negotiations and prior writing in between the terms,
conditions or provisions of this agreement, and any such document or instrument, the terms and
conditions of this agreement shall prevail.
IN WITNESS WHEREOF, the parties to these present have hereunto set their hands
and the year and date first above written.
CITY OF SAN BERNARDINO
BY:
~~./~
,
TOM MINOR, MAYOR
CONTRACTOR
ATTEST:
Name of Firm
R,P. Landscape & Irriu.
~~
RACHEL CLARK, CITY CLERK
x~,{j) -- , ,0 - -
BY: Roy David per~~
TITLE: Owner
MAILING ADDRESS:
565 Birch Ct., Suite A
Approved as to fonn and legal content:
Colton. CA 92324-0413
JAMES F. PENMAN, CITY ATTORNEY
PHONE NO.
(909) 872-0838
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