HomeMy WebLinkAbout19 C40690 Horizon Professional Landscape - LMA No. 7 907-22CONTRACT NO. C40690
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: April 22, 2021
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Award Contract No. C40690 for Landscape Maintenance Area No.
7 to Horizon Professional Landscape, Inc., of Coachella, California,
in the Annual Amount of $106,920, and Include Repair W ork and
Services for the Annual Amount of $25,000 (Project No. 907-22)
___________________________________________________________________________
Recommendation
By Minute Motion:
1. Award Contract No. C40690 for Landscape Maintenance Area No. 7 to
Horizon Professional Landscape, Inc., of Coachella, California, in the
annual amount of $106,920;
2. Authorize City Manager to approve extra repair work and services for the
annual amount of $25,000;
3. Authorize the Mayor to execute the agreement; and
4. Authorize the City Manager to approve change orders associated with this
contract and up to four (4) one-year contract extensions based on staff’s
recommendations.
Funds are available in the respective Landscape and Lighting Districts accounts.
Strategic Plan Objective
This is an on-going landscape maintenance function and contributes to our goal of providing
a uniquely beautiful desert environment in highly visible areas of the City.
Background
Landscape Maintenance Area 7 (LMA 7) provides maintenance services for thirty (30)
Landscape and Lighting Districts as well as the three (3) Presidents Plaza parking lots.
Service levels at each of the districts are based on their available budget.
Landscape maintenance work is considered a “contractual service” under Section 3.30.020
of the City’s Municipal Code. Contractual services are awarded in the best interest of the City
and are not subject to a low bid, competitive process. (See § 3.30.070(C)). For example,
contractual services over $50,000 may be awarded through the best competitive value
April 22, 2021 - Staff Report
Award Contract No. C40690 to Horizon Professional Landscape, Inc.
Page 2 of 3
procedures in Section 3.30.140 through an RFP. This process evaluates not only cost but
other factors such as experience, equipment, and qualified labor. Since this selection process
has been put into effect, the level of service and quality of maintenance has improved
substantially in the maintenance areas that utilize this method.
The current contract term for Landscape Maintenance Area 7 is set to expire on June 30,
2021; therefore, City staff advertised a Request for Proposal (RFP) for the aforementioned
maintenance area on PlanetBids, and on March 17, 2020, the City received five proposals. A
review committee consisting of staff from various divisions of Public Works and Community
Development reviewed the proposals according to the following criteria in the RFP, and
ranked the proposals based on:
• Clarity and Conformance of the proposal.
• Content of the proposal, including the work plan.
• Proposer’s experience and performance.
• Comments by references.
• Fee Proposal.
The selection committee ranked the proposals numerically as follows:
Contractor Location Ranking
Horizon Professional Landscape, Inc. Coachella, Ca 1
Mariposa Landscape, Inc. Irwindale, Ca 2
Urban Habitat Environmental Palm Desert, Ca 3
Conserve Landcare Thousand Palms, Ca 4
Kirkpatrick Landscaping Services Indio, Ca 5
The selection criteria included not only the aforementioned factors, but also the thoroughness
of the proposal; the practicality of the work schedule; the cost for the base maintenance for
each district and additional work. Following the review, the committee recommended
awarding the contract to Horizon Professional Landscape, Inc. The contract is for a term of
one year with an option of four, one-year extensions.
Horizon Professional Landscape, Inc. (Horizon) is the current contractor for LMA 6, which
consists of the perimeter landscape of the Desert Willow Golf Resort as well as the medians
and parkways on Desert Willow Drive. Horizon has maintained the contract to City standards
for the past three years. In addition, Horizon has successfully completed numerous landscape
construction and maintenance projects for the City over the last twenty years. Staff also
contacted references provided by Horizon and they all gave favorable reviews.
Extra repair work and services cover unquantifiable activities necessary for landscape
maintenance that are not part of the landscape maintenance contract. It includes, but is not
limited to, repair and replacement of irrigation equipment; repair, maintenance and
replacement of lighting equipment; emergency tree work; replacement of trees and shrubs;
pest control; and accident and vandalism repair and replacement.
April 22, 2021 - Staff Report
Award Contract No. C40690 to Horizon Professional Landscape, Inc.
Page 3 of 3
Fiscal Analvsis
The proposed annual maintenance budget for the various Landscape and Lighting
Districts is submitted and based on the available levied amount per assessment district.
33 LLD Accounts FY 2020-2021
Total Budget $125,300
Fiscal Year 2021-22
$114,461
TotalContractAmount 5111,546 $106,920
Remaining Balance $13,754 $7,541
Therefore, there is no anticipated fiscal impact to the general fund.
LEGAL REVIEW
NIA
Robert W. Hargreaves
City Attorney
DEPT. REVIEW
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Andy Firestine
Assistant City Manager
City Manager, L Todd Hileman:
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FINANCIAL
REVIEW
Jo� L u,i�a�
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ForJanet M. Moore
Director of Finance
CONTRACTOR: Horizon Professional Landscape, Inc.
48-727 Charlton Peak Street
Coachella, California 92236
ASSISTANT
CITY MANAGER
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Andy Firestine
Assistant City Manager
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CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1
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CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
LANDSCAPE MAINTENANC E AREA 7
CONTRACT NO. C40690
1.PARTIES AND DATE.
This Agreement is made and entered into this 22nd day of April , 2021 by and between the
City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, County of Riverside, State of California (“City”) and Horizon Professional Landscape Inc.,
a CORPORATION with its principal place of business at 48-727 Charlton Peak, Coachella, Ca
92236 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
2.RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the LANDSCAPE
MAINTENANCE AREA NO. 7, CONTRACT NO. C40690, PROJECT NO. 907-22 project
(“Project”) as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the maintenance services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2021 to June 30,
2022 unless earlier terminated as provided herein. The City shall have the unilateral option, at its
sole discretion, to renew this Agreement automatically for no more than four (4) additional one-
year terms Contractor shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached
hereto and incorporated herein by reference. Contractor represents that it has the professional
and technical personnel required to perform the Services in conformance with such conditions.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Randy Chavez,
Landscape Supervisor or his or her designee, to act as its representative for the performance
of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on
behalf of the City for all purposes under this Agreement except for increasing compensation.
Contractor shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Rafael
Mendoza, or his or her designee, to act as its representative for the performance of this
Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
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including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense
and without reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor’s failure to comply with the standard of care provided for
herein. Any employee of the Contractor or its sub-contractors who is determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of Two Hundred and Fifty Dollars and 00/100 ($250.00)
per day for each and every calendar day of delay beyond the Performance Time or beyond any
completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a
violation of any such law within the five (5) years immediately preceding the date of execution of
this Agreement, and shall not violate any such law at any time during the term of the Agreement.
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3.2.10.2 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including,
but not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A)General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
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(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D)Workers’ Compensation Insurance. Contractor shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(G)Pollution Liability Insurance. Reserved.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
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certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coverage. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by Contractor, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Contractor of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
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 all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
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minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. 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.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M)Pass Through Clause. Contractor agrees to ensure that its
sub-consultants, sub-contractors, and any other party involved with the Project who is brought
onto or involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
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(Q)Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise
specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Agreement a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
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surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where
Services are to be performed and shall become acquainted with all conditions affecting the
Services prior to commencing the Services. Contractor shall make such examinations as it deems
necessary to determine the condition of the work sites, its accessibility to materials, workmen and
equipment, and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract, including any plans,
specifications, or scope of work before commencing Services. Errors, inconsistencies or
omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should
Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other
toxic wastes, hazardous substances and hazardous materials as defined in California state or
federal law at the site which have not been rendered harmless, the Contractor shall immediately
stop work at the affected area and shall report the condition to the City in writing. The City shall
contract for any services required to directly remove and/or abate PCBs, hazardous substances,
other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract
for such services. The Services in the affected area shall not thereafter be resumed except by
written agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Services agreed to herein, or from the action of
the elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which
for purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
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BBK 72500.00001\32374943.1 -10 -
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed One Hundred Thirty-One Thousand, Nine Hundred Twenty Dollars and 00/100
($131,920.00) annually without written approval of the City Council or City Manager, as
applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly
invoices which provides a detailed description of the Services and hours rendered by Contractor.
City shall, within thirty (30) days of receiving such statement, review the statement and pay all
non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty
(30)days from the last date of provided Services or termination of this Agreement and failure by
the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.
Payment shall not constitute acceptance of any Services completed by Contractor. The making
of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3)
sums representing expenses, losses, or damages as determined by the City, incurred by the City
for which Contractor is liable under the Agreement; and (4) any other sums which the City is
entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
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including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq ., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll
records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers and representatives free and harmless from any claim or
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liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those Services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished information of any kind prepared
by Contractor in connection with the performance of Services under this Agreement. Contractor
shall be required to provide such document and other information within fifteen (15) days of the
request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
Horizon Professional Landscape, Inc.
48-727 Charlton Peak
Coachella, Ca 92236
Attn: Rafael Mendoza
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Randy Chavez, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
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3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend,
with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives. In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers and representatives as part of any such claim, suit, action or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives as part of any such claim, suit, action or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all Agreement requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
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3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to the City include
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives except as otherwise specified in this Agreement. The captions of the various
articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
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3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1
-16 -
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND HORIZON PROFESSIONAL LANDSCAPE, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF PALM DESERT
By:
Kathleen Kelly
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
REVIEWED BY:
_________________________________
Andy Firestine
Assistant City Manager
Horizon Professional Landscape, Inc.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed
Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 -17 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 -18 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
SCOPE OF SERVICES
1.SCOPE OF WORK
The work consists of furnishing all labor, materials, necessary tools and machinery, supervision,
and all utility and transportation services required to provide landscape maintenance services
for City of Palm Desert Landscape and Lighting Districts in accordance with the Contract
Documents at the following locations:
1.1 LOCATIONS
1.Waring Court – Parkways along the subdivision perimeter fronting Fred Waring Drive and
Phyllis Jackson Lane (approximately 12,262 sq. ft.)
2.Vineyards (Portola Wall) – Raised planter area on the west side of Portola Avenue, north
and south of Rutledge Way, as shown on the map (approximately 6,320 sq. ft.)
3.Portola Place – Parkways along the subdivision perimeter on Portola Avenue and Santa
Rosa Way. Includes the small landscaped strip on the west side of the subdivision on
Olive Court (approximately 5,881 sq. ft.)
4.The Grove – Parkways along the subdivision perimeter on Deep Canyon Road and on
Royal Canyon Lane along the block walls (approximately 18,415 sq. ft.). There is one (1)
Doggie Pot station
5.Palm Gate – Parkways along the subdivision perimeter on Deep Canyon Road, north of
Moss Rose Drive and north of Lavender Way (approximately 7,320 sq. ft.)
6.Primrose II – Parkways along the north side of Hovley Lane East between Carlotta and
Hemingway and west of Hemingway (approximately 5,370 sq. ft.)
7.Desert Mirage – Parkways and entrance islands of the Desert Mirage development on the
west side of Cook Street, south of Frank Sinatra Drive (approximately 22,998 sq. ft.)
8.Canyon Crest – Lavender Way: approximately 480 lineal feet of parkway along Deep
Canyon Road, 600 lineal feet of parkway on Columbine Drive, and 188 lineal feet at the
CVWD well site at Lavender Way and Amaryllis Way (approximately 16,782 sq. ft.)
9.College View Estates I – Parkway along Shepherd Lane on College View Circle West and
College View Circle East. Parkway along Portola Avenue (approximately 11,920 sq. ft.).
There is one (1) Doggie Pot station
10.College View Estates II – 300 lineal feet of parkway along Portola Avenue; approximately
560 lineal feet of parkway along Shepherd Lane on Scholar Lane West and Scholar Lane
East (approximately 8,158 sq. ft.)
11.Sundance West – Shepherd Lane parkway (west side) north side of Chinook Circle to
south side of Kokopelli Circle (approximately 6,600 sq. ft.). There are two (2) Doggie Pot
stations
12.Sundance East – Shepherd Lane parkway (east side) north and south sides of Chinook
Exhibit "A"
CONTRACT NO. C40690
Circle. Parkway along Portola Avenue (approximately 6,960 sq. ft.). There is one (1)
Doggie Pot station.
13.Petunia I – Parkways on the west and east sides of Shepherd Lane, on Petunia Place
West and Petunia Place East. Parkway along Portola Avenue (approximately 9,660 sq.
ft.)
14. Boulders – Parkway on Shepard Lane, west side north and south of Alpine Lane
(approximately 3,600 sq. ft.)
15.Kaufman & Broad – Street parkways on Frank Sinatra Drive at the Kaufman & Broad
development west of Portola Avenue. Includes a retention basin on the interior of the
development and the landscaped parkway on Hollister Drive at the CVWD well site west
of Drexel Drive. (approximately 43,628 sq. ft.). There is one (1) Doggie Pot station
16.Palm Desert Country Club – Landscaped areas along the south side of Hovley Lane East
between Kansas Street and Idaho Street and small section of parkway west of Kansas
Street to edge of development. Included are the medians and the traffic circle on Avenue
of the States from Washington Street to Michigan Avenue (approximately 27,047 sq. ft.)
17.Presidents Plaza I - Parking lots located between Highway 111 and El Paseo on the north
and south boundaries and Portola Avenue and San Luis Rey on the east and west and:
18.Presidents Plaza II - Parking lots located between Highway 111 and El Paseo on the north
and south boundaries and San Luis Rey and Larkspur Lane on the east and west
(combined I & II approximately 16,193 sq. ft.)
19.Presidents Plaza III - - Parking lot located between Highway 111 and El Paseo on the
north and south boundaries and Highway 74 and Sage Lane on the west and east
(approximately 31,865 sq. ft.)
20.Hovley Lane West between Monterey and Portola avenues which includes the street
parkway and the other common landscape improvements fronting the following:
a.The Glen – Glenwood Lane; approximately 990 lineal feet of parkway along Hovley
Lane West and Monterey Avenue (approx. sq. ft. 8,248)
b.Monterey Meadows – Clover and Meadow Lanes; approximately 660 lineal feet of
parkway along Hovley Lane West (approx. sq. ft. 3,160). There is one (1) Doggie
Pot station
c.Sonata I – Sonata Court; approximately 990 lineal feet of parkway along Hovley
Lane West and Portola Avenue (approx. sq. ft. 10,044). There is one (1) Doggie
Pot station
d.Sonata II – Posada Court and Via Fonda; approximately 1,980 lineal feet of
parkway along Hovley Lane West (approx. sq. ft. 19,320). There is one (1) Doggie
Pot station
e.Hovley Estates – Centennial Circle; approximately 330 lineal feet of parkway along
Hovley Lane West and a 6,500 square foot retention basin at the back of the cul-
de-sac (approx. sq. ft. 12816)
CONTRACT NO. C40690
f.La Paloma I – Avenida Arcada; approximately 341 lineal feet of parkway along
Hovley Lane West and a 6,500 square foot retention basin at the cul-de-sac
(approx. 12041 sq. ft. )
g.La Paloma II – Avenida; approximately 337 lineal feet of parkway along Hovley
Lane West and a 6,500 square foot retention basin at the cul-de-sac. (approx.. sq.
ft. 13095)
h.La Paloma III – Avenida Solana; approximately 330 lineal feet of parkway along
Hovley Lane West, no retention basin (approx.. sq. ft. 3,600)
i.Hovley Collection – Avenida Calafia and Avenida Estrada: Approximately 660
lineal feet of parkway along Hovley Lane West and a 15,400 square foot retention
basin at the back of the streets (approx. sq. ft. 22,120)
j.Sandpiper Court – Approximately 170 lineal feet of landscaped parkway on the
south side of Hovley Lane and Sandpiper Court and 6,600 square foot retention
basin at the south end of the cul-de-sac (approx. sq. ft. 10,100)
k.Sandpiper Court West – Approximately 150 lineal feet of landscaped parkway on
the south side of Hovley Lane at Sandpiper Court West and a 6,500 square foot
retention basin at the south end of the cul-de-sac (approx.. sq. ft.
l.Hovley Court West – Approximately 300 lineal feet of parkway along Hovley Lane
West and 550 lineal feet along Monterey Avenue south of Hovley Lane West
(approx. sq. ft. 12,675)
m.Diamondback – Diamondback Road; approximately 280 lineal feet of parkway
along Hovley Lane West (approx. sq. ft. 3,600)
n.Palm Court – Palm Court; approximately 280 lineal feet of parkway along Hovley
Lane West (approx. sq. ft.3,600)
2.2 GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary labor and equipment to maintain the areas listed in the
specified locations, at the level of maintenance and service defined by City of Palm Desert. The
work shall include, but is not limited to, proper horticultural practices, as defined in the City of
Palm Desert Landscape Maintenance Manual, maintenance of all landscape materials and
hardscape structures as designated in the following specifications and per the Frequency
Schedule.
2.1 Contractor shall provide appropriate equipment and labor for the execution of all
maintenance activities. City of Palm Desert reserves the right to inspect and/or approve any
equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair
or inappropriate to the task, City of Palm Desert may require that the equipment be removed
from the job site and replaced with a different piece of equipment.
2.2 Contractor shall provide personnel fully trained in all phases of landscape maintenance, tree
maintenance, and irrigation maintenance and operation. Contractor shall provide personnel
capable of effective verbal communication with City of Palm Desert representatives. If City of
Palm Desert deems personnel to be inadequate to accomplish the task, City of Palm Desert
CONTRACT NO. C40690
may require that the personnel be removed from the job site and replaced with personnel
demonstrating the appropriate level of job knowledge, skills, and verbal communication to
effectively accomplish the work.
2.3 Prior to commencement of the contract, designated City of Palm Desert representative(s)
and the Contractor will perform a mandatory acceptance walk-through inspection of the contract
area. It is Contractor’s responsibility to identify to City of Palm Desert unacceptable conditions
with plant material, trees, and/or irrigation systems at the time of the walk-through. At City of
Palm Desert’s discretion, unacceptable conditions may be resolved with the current (outgoing)
contractor or with the successor Contractor on a “one-time only, extra-work” basis. After such
corrections are made, the successor Contractor will be responsible for all contractual services.
2.4 Contractor shall replace, at no additional cost to City of Palm Desert for labor or materials,
any plant or tree that dies beginning 30 days from commencement of the contract throughout
the term of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or
otherwise improper care.
2.5 Contractor shall remove debris caused by all maintenance activities, including pruning and
tree maintenance, on the same working day that such debris is generated.
2.6 Contractor shall provide the labor and equipment for the application of fertilizers and
fertilizers with pre-emergent and post-emergent. Fertilizers with pre-emergent and post-
emergent will be supplied by Contractor and reimbursed by the City of Palm Desert at actual
cost plus 15% mark-up. City of Palm Desert reserves the right to purchase standard fertilizer.
The application of fungicides will be performed outside the scope of this contract.
2.7 Monthly reports for irrigation, green waste and pesticide application shall be submitted no
later than the first Monday of each month, for the preceding month. Monthly payments will not
be processed until all required reports are received.
2.7.1 The Irrigation Monthly Report shall include, but not necessarily be limited to, the
following: date, irrigation technician identification, site identification, controller and valve
identification, description of service and/or repair, statement of plant material condition
as relates to water needs, and a section for general notes or comments.
2.7.2 The Green Waste Monthly Report submittal shall include the green waste facility
tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and
address of the waste facility, the weight, and the City of Palm Desert’s name.
2.7.3 The Pesticide Application Monthly Report shall consist of a copy of the monthly
report submitted to the Riverside County Agricultural Commissioner or, in the case of no
pesticide applications made, a statement to that effect in the form of a letter or
memorandum to City of Palm Desert.
3.SPECIFIC SERVICES TO BE PERFORMED
3.1 Litter and Trash Control
3.1.1 Contractor shall remove and appropriately dispose of all plant litter (broken branches,
broken limbs, excessive leaf-drop); trash and/or paper, cans, bottles, broken glass; dog
CONTRACT NO. C40690
droppings and any other out-of-place or discarded items. Plant litter includes plant debris
caused by extreme temperatures or high winds.
3.1.2 Where trashcans and/or doggy stations are present, Contractor shall remove and dispose
of their contents and replace the liners (City of Palm Desert may provide trash bags).
Contractor shall wipe surfaces clean with a non-toxic cleaning solution.
3.2 Pest Control
3.2.1 Gophers will be controlled on an as-needed basis using City of Palm Desert-approved
traps, within the scope of this contract. Ground squirrel control will be performed on an as-
needed basis and is outside the scope of this contract.
3.2.2 Ants will be controlled on an as-needed basis, and is included in the scope of the contract.
Red Imported Fire ant control is outside the scope of this contract. If Red Imported Fire ants are
encountered the Contractor shall report the discovery to the City of Palm Desert prior to the end
of the workday.
3.2.3 Contractor shall immediately report any bee activity (swarms or hives) detected to the City
of Palm Desert. Bee removal is the responsibility of City of Palm Desert.
3.2.4 Aphids will be chemically controlled on oak trees in parking lots and along parkways. Fruit
set will be chemically controlled on olive trees. These trees are located adjacent to parking lots,
sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended
chemical treatment and the schedule for its application must be reviewed and approved in
advance by City of Palm Desert. City of Palm Desert, at its discretion, may require from
Contractor all Material Safety Data Sheets, pesticide labels, and Pesticide Control Advisor
recommendations for all pesticide applications performed. Contractor will be responsible for the
material and labor and perform this work as well for all posting as required by label and law.
3.2.5 Contractor shall provide control and/or eradication of all weeds, as needed. Areas to be
weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs, expansion
joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees.
3.2.6 Mechanical and/or chemical methods of weed control are acceptable for annual and
perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be
controlled by chemical means only.
3.2.7 Contractor shall remove any debris generated by the weed control process after weeds
have been sprayed and plant death has occurred.
3.2.8 Weeds in turf areas will be managed on an as-needed basis and shall be considered extra
work.
3.3 Plant Maintenance
3.3.1 All plant material in the public right-of-way shall be maintained behind the curb line and/or
sidewalk to allow for the safe passage of vehicles, pedestrians and/or the public.
CONTRACT NO. C40690
3.3.2 Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants
(such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall
repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches or
foliage left on an otherwise healthy plant for more than one month, unless otherwise directed by
City of Palm Desert and/or the contract documents. If offshoots are present, they will be left in
place and irrigation will be adjusted to assure adequate water supply to the offshoots.
3.3.3 Dead or weather-damaged plant material shall be pruned or removed under direction from
City of Palm Desert within one week of notification.
3.3.4 The City of Palm Desert encourages contractors to familiarize themselves with the City of
Palm Desert’s “Landscape Maintenance Guidelines” book. The book, intended to serve as a
visual guide to contractors, also provides pruning techniques and a calendar for ideal
maintenance timing. The City of Palm Desert may at its own discretion, alter time-lines or
techniques and supply additional reference materials, as the City of Palm Desert deems
necessary.
3.3.5 Plant material will be pruned as needed, to keep plant material to scale based on the
planter size, plant species, plant location and for safety purposes. The City of Palm Desert will
work with the Contractor to determine appropriate size for each plant species. In addition, the
Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and
groundcovers, as directed by the City of Palm Desert.
3.3.6 Plant material installed by the Contractor shall be warrantied for a period of ninety days
from the date of acceptance by the City’s Representative.
3.4 Tree Maintenance
3.4.1 All tree pruning shall be consistent with the current and applicable International Society of
Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, the
City of Palm Desert's Landscape Maintenance Guidelines book and the Tree Pruning
Ordinance.
3.4.2 Contractor shall perform safety and sucker pruning on all trees (including palms) eight feet
(8) in height and under. All broadleaf and palm tree pruning will be performed outside this
contract. Contractor shall prune fronds, flowers, and seed pods on all palms that have six (6)
feet of brown trunk or less. City of Palm Desert may request that a Certified Arborist be on site
when Contractor’s staff safety prunes trees.
3.4.3 Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk
clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Any
broken, dead or detached limb is considered a hazard and upon notice from City of Palm
Desert, Contractor must remove such limbs by close of business the same day.
3.4.4 Trees broken or damaged as a direct result of storm, wind, accident, vandalism or
structural failure shall be pruned and/or removed, upon City of Palm Desert’s request to
Contractor, within 24 hours of notification and shall be an extra to this contract. Any debris
blocking roadways or parking areas shall be removed within one hour of notification to
Contractor. Replacement of trees and plants caused by reasons not related to contractual
maintenance shall be reimbursable as an extra cost.
CONTRACT NO. C40690
3.4.5 Trees planted by the Contractor shall be warrantied for a period of one-year from the date
of the acceptance by the City’s Representative.
3.5 Turf Maintenance – General
3.5.1 All turf areas must be mowed in a manner that provides for the adequate and safe use of
each facility for its intended purpose.
3.5.2 Bermuda grass will be mowed at ¾” height during the active-growth period.
3.5.3 Rye grass will be mowed at 1” height starting with its first cut after over-seeding and
continuing until spring when the Bermuda grass becomes active.
3.5.4 All turf areas will be mowed weekly and may be mowed with rotary mowers; however, if
City of Palm Desert deems that the finished turf surface is irregular, aesthetically unacceptable,
or if it creates a potential public safety issue, City of Palm Desert will require the turf area to be
mowed with a reel mower. Excess clippings will be raked, swept and/or vacuumed leaving a
regular, clean, acceptable and safe turf surface. Removal of clippings will be at no extra cost to
the City of Palm Desert.
3.5.5 Detailing and edging of turf shall include chemical and/or mechanical detailing using a
string trimmer or an edger around buildings, sidewalks, mow strips, paved areas, valve boxes,
goal posts, light fixtures, fence lines, walls, along infield edges, behind back-stops, drainage
areas, and bare areas in planters. Only an edger shall be used on, but not be limited to
hardscape areas such as sidewalks and mow strips. All other areas may use an edger or string
trimmer as appropriate and as approved by City of Palm Desert.
3.5.6 Contractor shall provide the labor and equipment for the application of fertilizers and
fertilizers with pre-emergent(s) and post-emergent(s). Contractor will supply fertilizer and
fertilizer with pre-emergent and post-emergent. City of Palm Desert may supply standard
fertilizer. In the event Contractor supplies standard fertilizer, the City of Palm Desert will
reimburse Contractor at actual cost plus 15% mark-up. The Contractor shall apply irrigation
immediately following any fertilizer application to effectively wash the product into the soil.
Contractor shall also post notifications as required by the product labeling and law.
3.5.7 Mechanical core aeration shall be performed to a minimum depth of four inches (4”).
Cores may be swept or mowed and dispersed during mowing operations unless otherwise
requested by City of Palm Desert
3.6 Turf Maintenance – Over-seeding
3.6.1 Turf areas designated for over-seeding will be indicated in the Frequency Schedule. City
of Palm Desert will provide specific dates for the over-seeding schedule.
3.6.2 Contractor shall begin lowering the height of the turf during the scheduled weekly mowing
approximately three weeks before the final cut. One week before the final cut, Contractor will
reduce irrigation to the minimum in the turf areas. Contractor shall mow turf to a height of one-
half inch (1/2”) and mower blades shall not be allowed to disturb the soil.
3.6.3 All grass clippings generated from this process will be vacuumed, swept or raked after
CONTRACT NO. C40690
each cut.
3.6.4 A light irrigation syringe cycle will be applied before the final cut to keep the dust levels to
a minimum (per Coachella Valley Association of Governments guidelines).
3.6.5 The City of Palm Desert may supply grass seed. However, the City of Palm Desert may
request that Contractor supply City of Palm Desert specified grass seed, and be reimbursed at
the cost of material plus an allowable mark-up of fifteen percent (15%). The application rate for
the seed shall be no less than ten (10) pounds per 1,000 square feet. The Contractor shall also
spot seed and mulch as necessary, areas after germination to ensure a well-covered rye stand,
at no additional labor cost as directed by the City of Palm Desert. The Contractor is to verify
and confirm quantity of seed bags with City of Palm Desert personnel prior to installation and
after seeding task is complete.
3.7 Turf Maintenance for Non-Over-seeded Areas
3.7.1 From November 1 through March 31, mowing and irrigation on non-over-seeded turf areas
will be reduced per the Frequency Schedule.
3.8 Hardscape, and Decomposed Granite (DG) Planter Areas
3.8.1 Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all
sidewalk and hardscape areas after all maintenance activities or as indicated in the Frequency
Schedule.
3.8.2 Daily sidewalk cleaning shall consist of removing debris from sidewalks by blowing or
sweeping. Blower throttle to be maintained at the lowest practical setting possible.
3.8.3 Contractor shall rake planter areas. Contractor shall also rake underneath living plant
material, unless directed not to do so by City of Palm Desert. Slope areas are to be raked
horizontally and not from top to bottom. If existing grade is adversely affected by raking
activities, Contractor shall re-establish an appropriate grade to the satisfaction of City of Palm
Desert.
3.8.4 Contractor shall remove litter and debris obstructing spillways and their associated drain
grates. This activity shall take place according to the Frequency Schedule, and after a rain
event as determined by City of Palm Desert staff.
3.9 Irrigation System Maintenance
3.9.1 The operation, maintenance, and scheduling of all irrigation controllers and attached
sensors shall be the responsibility of Contractor. Contractor will adjust the controllers, sensor
equipment, and schedules based on property microclimates, ET, rain events, and over-seeding
schedules. Contractor will schedule irrigation to provide adequate irrigation to plant material
while conserving water as much as possible. NOTE: Irrigation systems that are not Smart
Controllers and will require manual adjusting.
CONTRACT NO. C40690
3.9.2 All irrigation systems and their individual components shall be kept in adjustment to
ensure proper water coverage and prevent unacceptable conditions such as insufficient water
distribution (plant death), overspray, excessive runoff, and erosion.
3.9.3 Repairs or replacements to the irrigation system shall be made with like parts.
3.9.4 Contractual irrigation system maintenance includes all labor for system inspections,
adjustments, repairs and installations for all system components, in-line irrigation valves,
including internal and electrical components, irrigation wires from the timer to the valve, and all
mainline and lateral line repairs two inches (2”) and smaller in diameter, unless damage is
caused by vandalism. Should vandalism occur, the Contractor is to notify City of Palm Desert
staff immediately and prior to the repair work. All irrigation rotors, bubblers, emitters, associated
fittings, and valve boxes shall be included under contractual system maintenance. Any repair
work outside of this scope will be considered extra work and paid accordingly. All parts shall be
provided by the Contractor and will be reimbursed by the City of Palm Desert at actual cost plus
a fifteen percent (15%) mark-up, unless the replacement is due to damage caused by the
Contractor’s operation, in such case the Contractor shall bear the entire cost. Adjustments,
repairs and installations shall include:
3.9.4.1 Valves: electrically actuated irrigation control valves, quick coupler
valves, end line flush valves, lateral line flush valves, and master valves. All
valves will be checked for proper operation, leaks, and solenoid function and
connections (where applicable). Automatic valves will be activated from the
irrigation controller, not from the bleeder valve.
3.9.4.2 The electrical circuit from the irrigation controller to the valve will be
checked for proper operation. Labor cost for the actuators replacement shall be
included in the contract lump sum bid price, and no additional compensation shall
be allowed therefor.
3.9.4.3 Filter, filter screen, and filter valve box cleaning.
3.9.4.4 Lateral lines will be checked for breaks and leaks, and will be flushed at
least yearly and additionally when necessary to ensure proper system
performance.
3.9.4.4 Emission device and valve box checks, adjustments, installation, maintenance and
repairs shall include: sprinkler head and valve box height adjustment and
replacement; nozzle spray pattern adjustment; nozzle cleaning and replacement;
bubbler head height adjustment, cleaning, and replacement; tree well repair; and
drip emitter cleaning, replacement, removal and plugging if no plant material is
present. Installation of new emitters, or bubblers, as required to ensure the health
of plant material, shall be included in the contract lump sum bid price and no
additional compensation shall be allowed therefor.
3.9.4.5 The Contractor shall perform, at a minimum, a weekly visual irrigation Inspection,
within the designated landscape maintenance area, for leaks, dry areas, and
vandalism. Contractor shall take appropriate action to immediately stabilize the
system. Such actions shall be reported to the City of Palm Desert within twenty-
four (24) hours of discovery and performance of necessary repairs.
3.9.4.6 Contractor shall maintain an adequate supply of irrigation parts readily
available to Contractor’s irrigation technician for making routine repairs of main
CONTRACT NO. C40690
and lateral lines two inch (2”) in diameter and smaller without leaving the
irrigation site.
3.9.5 Non-contractual irrigation system repairs:
3.9.5.1 No non-contractual work will be initiated without an approved City of Palm Desert
Work Order.
3.9.5.2 When irrigation system malfunction or damage is detected, the repair of which is
non-contractual in nature, Contractor will flag the location and notify City of Palm
Desert before the close of business the same work day.
3.9.5.3 Upon receipt of an approved Work Order, repairs to a non-operational and/or
damaged irrigation system shall be completed within 24 hours, or as otherwise
indicated on the Work Order.
3.9.5.4 All repairs deemed non-contractual will be paid on a time-and-materials basis.
3.9.5.5 Labor will be billed per the rates under the Performance of Extra Work heading.
3.9.5.6 Materials will be billed at “cost plus 15%” or, at City of Palm Desert’s discretion;
materials may be supplied to Contractor by City of Palm Desert.
3.9.5.7 Contractor shall return to City of Palm Desert all irrigation parts that have been
replaced.
3.9.5.8 City of Palm Desert will perform regular inspections of irrigation systems to ensure
accuracy of Contractor’s irrigation reports. If discrepancies are found, City of
Palm Desert shall consider this a performance deficiency.
CONTRACT NO. C40690
CONTRACT FREQUENCY SCHEDULE - LANDSCAPE MAINTENANCE AREAS 2017-2018
1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.Waring CourtVineyardPortola PlaceThe GrovePalm Gate **Primrose IIDesert MirageCanyon CrestCollege View Estates ICollege View Estates IISundance WestSundance EastPetunia IBouldersKaufman & BroadPalm Desert Country ClubPres Plaza I & IIPres Plaza IIIThe GlenMonterey MeadowsSonata ISonata IIHovley EstatesLa Paloma I La Paloma IILa Paloma IIIHovley CollectionSandpiper CtSandpiper Court WestHovley Ct WestDiamond-backPalm CourtRemove plant litter, dog droppings, and
discarded items; blow or sweep sidewalks D D D D G D D D D D D D D D D D D D D D D D D D D D G D D G D D
Empty and clean trash receptacles, replace
liners D D D D D D D D
PEST CONTROL Weed control M M M M M M M M M M M M M M M M M M M M M M M M M G M M M M M
Gopher control M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
Aphid control on oak trees I I
Prune shrubs, hedges, ground covers (including
bougainvillea) and remove accumulated litter G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G
Safety-prune plant material M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
Remove plant flower stalks M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
TREES Safety-prune and remove suckers M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
Mow D
Detailing and edging D
Fertilize I
Overseeding K
Rake planter areas G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G
IRRIGATION SYSTEM Irrigation inspection, adjustment, and repair D D D D D D D D D D D D D D D D D D D D D D D D D G D D G D D
HARDSCAPE AND
DECOMPOSED
GRANITE (DG) AREAS
LMA 7
MAINTENANCE ACTIVITY
TURF
19. Hovley Lane West, Monterey Avenue to Portola Avenue
PLANT LITTER / TRASH
CONTROL
PLANT MAINTENANCE
ATTACHMENT "C"CONTRACT NO. C40690
LMA Contract Frequency Schedule Legend
A Daily, 7 days per week, by 10:00 a.m.
B Daily, Monday through Friday by 1:00 p.m.
C Daily, before close of business (5:00 p.m.), Monday through Friday
D Weekly, before close of business (5:00 p.m.), on Friday
E Three times per week by 10:00 a.m. ( Monday, Wednesday, Friday)
F Bi-weekly (every two weeks)
G Monthly (Twelve times per year, every month)
H Bi-monthly (Six times per year, every two months)
I Quarterly (Four times per year)
J Semi-annually (Two times per year)
K Annually (One time per year)
L Seasonal
M As needed to maintain planters, plant material health, aesthetics, and/or public safety
N Weekly
O October 1 through April 30, once monthly; May 1 to September 30, every 2 weeks;
Except turf and annual color areas which are always weekly
P Monthly, from May to October (Six times per year)
Q October 1 through April 30 every other week; May 1 through September 30, weekly
R October 1 through May 30, three times weekly (Monday, Wednesday, Friday), before
10:00 a.m.; June 1 through September 30, once a week
S Daily, before 7:00 a.m., Seven days a week
T Two times per week on non-consecutive days
U Continuously, November 1 through March 31; monthly, April 1 through October 31
V Weekly, April 1 through October 31; monthly, November 1 through March 31
W Daily by 1:00 p.m.
CONTRACT NO. C40690
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit B - 1
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2021 to June 30, 2022 unless earlier terminated
as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this
Agreement automatically for no more than four (4) additional one-year terms Contractor shall
complete the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this
Agreement if necessary to complete the Services.
City of Palm Desert
Bid Results for Project Landscape Maintenance Area No. 07 (21-03)
Issued on 01/15/2021
Bid Due on March 17, 2021 10:00 AM (PDT)
Exported on 04/01/2021
Line Totals (Unit Price * Quantity)
Item Num Section Item Code Description Reference Unit of Measure Quantity Mariposa Landscapes, Inc.HORIZON PROFESSIONAL LANDSCAPE INC Kirkpatrick Landscaping Services, Inc.Conserve LandCare Urban Habitat
1 Waring Court 1 Waring Court Monthly Unit Price 1 $266.00 $195.00 $217.00 $192.00 $418.95
2 Waring Court 2 Waring Court Annual Unit Price 1 $3,192.00 $2,340.00 $2,604.00 $2,304.00 $5,027.42
3 Vineyard 3 Vineyards Monthly Unit Price 1 $137.00 $200.00 $235.00 $255.00 $215.93
4 Vineyard 4 Vineyards Annual Unit Price 1 $1,644.00 $2,400.00 $2,820.00 $3,060.00 $2,591.20
5 Portola Place 5 Portola Place Monthly Unit Price 1 $127.00 $190.00 $211.00 $255.00 $200.93
6 Portola Place 6 Portola Place Annual Unit Price 1 $1,524.00 $2,280.00 $2,532.00 $3,060.00 $2,411.21
7 The Grove 7 The Grove Monthly Unit Price 1 $436.00 $460.00 $524.00 $766.00 $629.17
8 The Grove 8 The Grove Annual Unit Price 1 $5,232.00 $5,520.00 $6,288.00 $9,192.00 $7,550.15
9 Palm Gate 9 Palm Gate Monthly Unit Price 1 $159.00 $120.00 $130.00 $511.00 $250.10
10 Palm Gate 10 Palm Gate Annual Unit Price 1 $1,908.00 $1,440.00 $1,560.00 $6,132.00 $3,001.20
11 Primrose II 11 Primrose II Monthly Unit Price 1 $305.00 $300.00 $322.00 $255.00 $183.47
12 Primrose II 12 Primrose II Annual Unit Price 1 $3,660.00 $3,600.00 $3,864.00 $3,060.00 $2,201.70
13 Desert Mirage 13 Desert Mirage Monthly Unit Price 1 $499.00 $500.00 $541.00 $766.00 $785.76
14 Desert Mirage 14 Desert Mirage Annual Unit Price 1 $5,988.00 $6,000.00 $6,492.00 $9,192.00 $9,429.18
15 Canyon Crest 15 Canyon Crest Monthly Unit Price 1 $365.00 $260.00 $297.00 $442.00 $573.38
16 Canyon Crest 16 Canyon Crest Annual Unit Price 1 $4,380.00 $3,120.00 $3,564.00 $5,304.00 $6,880.62
17 College View Estates I 17 College View Estates I Monthly Unit Price 1 $259.00 $260.00 $280.00 $275.00 $407.26
18 College View Estates I 18 College View Estates I Annual Unit Price 1 $3,108.00 $3,120.00 $3,360.00 $3,300.00 $4,887.20
19 College View Estates II 19 College View Estates II Monthly Unit Price 1 $177.00 $290.00 $315.00 $255.00 $278.73
20 College View Estates II 20 College View Estates II Annual Unit Price 1 $2,124.00 $3,480.00 $3,780.00 $3,060.00 $3,344.78
21 Sundance West 21 Sundance West Monthly Unit Price 1 $143.00 $255.00 $220.00 $538.00 $225.50
22 Sundance West 22 Sundance West Annual Unit Price 1 $1,716.00 $3,060.00 $2,640.00 $6,456.00 $2,706.00
23 Sundance East 23 Sundance East Monthly Unit Price 1 $151.00 $140.00 $220.00 $365.00 $237.80
24 Sundance East 24 Sundance East Annual Unit Price 1 $1,812.00 $1,680.00 $2,640.00 $4,380.00 $2,853.60
25 Petunia I 25 Petunia I Monthly Unit Price 1 $209.00 $300.00 $341.00 $325.00 $330.05
26 Petunia I 26 Petunia I Annual Unit Price 1 $2,508.00 $3,600.00 $4,092.00 $3,900.00 $3,960.60
27 Boulders 27 Boulders Monthly Unit Price 1 $79.00 $460.00 $530.00 $766.00 $123.00
28 Boulders 28 Boulders Annual Unit Price 1 $948.00 $5,520.00 $6,360.00 $9,192.00 $1,476.00
29 Kaufman & Broad 29 Kaufman & Broad Monthly Unit Price 1 $948.00 $900.00 $998.00 $511.00 $1,490.62
30 Kaufman & Broad 30 Kaufman & Broad Annual Unit Price 1 $11,376.00 $10,800.00 $11,976.00 $6,132.00 $17,887.49
31 Palm Desert Country Club 31 Palm Desert Country Club Monthly Unit Price 1 $587.00 $480.00 $530.00 $555.00 $924.10
32 Palm Desert Country Club 32 Palm Desert Country Club Annual Unit Price 1 $7,044.00 $5,760.00 $6,360.00 $6,660.00 $11,089.27
33 Presidents Plaza I 33 Presidents Plaza I Monthly Unit Price 1 $175.00 $160.00 $200.00 $128.00 $586.62
34 Presidents Plaza I 34 Presidents Plaza I Annual Unit Price 1 $2,100.00 $1,920.00 $2,400.00 $1,536.00 $7,039.45
35 Presidents Plaza II 35 Presidents Plaza II Monthly Unit Price 1 $175.00 $190.00 $200.00 $128.00 $553.26
36 Presidents Plaza II 36 Presidents Plaza II Annual Unit Price 1 $2,100.00 $2,280.00 $2,400.00 $1,536.00 $6,639.13
37 Presidents Plaza III 37 Presidents Plaza III Monthly Unit Price 1 $466.00 $460.00 $488.00 $240.00 $1,088.72
38 Presidents Plaza III 38 Presidents Plaza III Annual Unit Price 1 $5,592.00 $5,520.00 $5,856.00 $2,880.00 $13,064.65
39 The Glen 39 The Glen Monthly Unit Price 1 $179.00 $260.00 $300.00 $266.00 $281.80
40 The Glen 40 The Glen Annual Unit Price 1 $2,148.00 $3,120.00 $3,600.00 $3,192.00 $3,381.68
41 Monterey Meadows 41 Monterey Meadows Monthly Unit Price 1 $70.00 $125.00 $152.00 $135.00 $107.96
42 Monterey Meadows 42 Monterey Meadows Annual Unit Price 1 $840.00 $1,500.00 $1,824.00 $1,620.00 $1,295.60
43 Sonata I 43 Sonata I Monthly Unit Price 1 $218.00 $325.00 $364.00 $324.00 $343.17
44 Sonata I 44 Sonata I Annual Unit Price 1 $2,616.00 $3,900.00 $4,368.00 $3,888.00 $4,118.04
45 Sonata II 45 Sonata II Monthly Unit Price 1 $420.00 $450.00 $492.00 $437.00 $660.10
46 Sonata II 46 Sonata II Annual Unit Price 1 $5,040.00 $5,400.00 $5,904.00 $5,244.00 $7,291.20
47 Hovley Estates 47 Hovley Estates Monthly Unit Price 1 $278.00 $135.00 $158.00 $139.00 $437.88
48 Hovley Estates 48 Hovley Estates Annual Unit Price 1 $3,336.00 $1,620.00 $1,896.00 $1,668.00 $5,254.56
49 La Paloma I 49 La Paloma I Monthly Unit Price 1 $262.00 $145.00 $168.00 $145.00 $411.41
50 La Paloma I 50 La Paloma I Annual Unit Price 1 $3,144.00 $1,740.00 $2,016.00 $1,740.00 $4,936.92
51 La Paloma II 51 La Paloma II Monthly Unit Price 1 $284.00 $145.00 $168.00 $145.00 $447.41
52 La Paloma II 52 La Paloma II Annual Unit Price 1 $3,408.00 $1,740.00 $2,016.00 $1,740.00 $5,368.95
53 La Paloma III 53 La Paloma III Monthly Unit Price 1 $79.00 $125.00 $148.00 $128.00 $123.00
54 La Paloma III 54 La Paloma III Annual Unit Price 1 $948.00 $1,500.00 $1,776.00 $1,536.00 $1,476.00
55 Hovley Collection 55 Hovley Collection Monthly Unit Price 1 $480.00 $350.00 $388.00 $346.00 $755.76
56 Hovley Collection 56 Hovley Collection Annual Unit Price 1 $5,760.00 $4,200.00 $4,656.00 $4,152.00 $9,069.20
57 Sandpiper Court 57 Sandpiper Court Monthly Unit Price 1 $219.00 $150.00 $178.00 $158.00 $345.08
58 Sandpiper Court 58 Sandpiper Court Annual Unit Price 1 $2,628.00 $1,800.00 $2,136.00 $1,896.00 $4,141.00
59 Sandpiper Court West 59 Sandpiper Court West Monthly Unit Price 1 $141.00 $155.00 $178.00 $158.00 $246.00
60 Sandpiper Court West 60 Sandpiper Court West Annual Unit Price 1 $1,692.00 $1,860.00 $2,136.00 $1,896.00 $2,952.00
61 Hovley Court West 61 Hovley Court West Monthly Unit Price 1 $275.00 $225.00 $236.00 $221.00 $433.06
62 Hovley Court West 62 Hovley Court West Annual Unit Price 1 $3,300.00 $2,700.00 $2,832.00 $2,652.00 $5,196.75
63 Diamondback 63 Diamondback Monthly Unit Price 1 $79.00 $100.00 $124.00 $105.00 $123.00
64 Diamondback 64 Diamondback Annual Unit Price 1 $948.00 $1,200.00 $1,488.00 $1,260.00 $1,476.00
65 Palm Court 65 Palm Court Monthly Unit Price 1 $79.00 $100.00 $124.00 $105.00 $123.00
66 Palm Court 66 Palm Court Annual Unit Price 1 $948.00 $1,200.00 $1,488.00 $1,260.00 $1,476.00
Subtotal $1,027.00 $1,300.00 $1,612.00 $1,365.00 $1,599.00
Total $113,438.00 $115,830.00 $129,701.00 $134,420.00 $185,816.73
Total Monthly 8,726.00 8,910.00 9,977.00 10,340.00 14,341.98
Total Annual 104,712.00 106,920.00 119,724.00 124,080.00 171,474.75
Exhibit "C" Compensation CONTRACT NO. C40690
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 2
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Horizon Professional Landscape Inc., (hereinafter referred to as the “Contractor”), a
Corporation, an agreement for Landscape Maintenance Area 7 (hereinafter referred to as the
“Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated April 22, 2021, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of One Hundred Thirty-One Thousand, Nine Hundred Twenty
Dollars and 00/100 ($131,920.00) annually, said sum being not less than one hundred percent
(100%) of the total amount of the Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 3
(1)Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2)Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3)Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 4
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so
must be attached hereto.
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 5
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 6
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 7
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken
or a resolution passed April 22, 2021 has awarded to Horizon Professional Landscape, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows:
Landscape Maintenance Area 7 (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated April 22, 2021 (“Contract Documents”), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, 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, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of One Hundred Thirty-One Thousand,
Nine Hundred Twenty Dollars and 00/100 ($131,920.00) annually, lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, 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 amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 8
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 9
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 10
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CONTRACT NO. C40690
Revised 11-2-20
BBK 72500.00001\32374943.1 Exhibit C - 11
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of -
Attorney to local representatives of the bonding company must also be attached
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CITY �F PALM DESERT
DERARTMENT �F PUBLIC Il1iORKS
ADDENDUM NQ. 01
F�R
LAN[]SCAPE MAiNTENANGE AREA NO. 07
PROJECT NO. 9D`�-22
C4NTRAGT NO. G4Qfi9D
�ssued: MARCH Q8, 2021
,� � ;� .'.. �
�....���...---��_ �.�---..�
ANDY FIRESTI , SSISTANT CITY !1lIANAGER
This add�ndurn modi#ies khe folEowi�g sections as folloiovs:
�ection 3.1.2 -Term. The terrn af this Agreement sha�l kxe from Juiy 1, 2024 #o June 3D,
2Q22 unless earlisr termina#ed as pcovided her�in. Th� City shalf have the uniiateral
apiion, at its sofe discrefion, to renew this Agreemer�t automaticaHy far na more tha� four
(4) additio�al one year tenns Coniractor shall complete the Services within the term of
this Agreement, and shall meet any other eskablished schedules a�d d�adlines. The
Par�ies may, by mukuai, written consent, extend the term af this AgreEment if necessary
#o complete the Services.
2. Page 22-24, !he Tota! Contracf T�rm Prrce (36 Monfhs} f�as been remo�ed, ta reffect
Monfhly and Annua! Costs.
,...�,�.�,.. � _— �,..�,_�...,,� _ - ...�......�..._
�..e.�,.,�,.o�-�-.�«...,�.
Contract No.
f.ANDSCAPE MAINTENAN�E AREA NO. 07
Contract No. C40690
Project No. 9p7-22
, CQNTRACTOR'8 COST PROPOSAi. BY lOCATION
TH1S fS A REQUlRED FQRM TD BE SUBMITT�D 1NfTN PRQPOSA�
��: CIiY OF PALM DESERT, "CITY aF PALM DESERT"
QATE: MARCH 9, 2021
PROP05ER: HORI�ON PRO�ESSIONAL LANDSCAPE INC
"C�NTRACTUR"
Th� ur�dersigned declares that helshe has carefully e�mined the Contract Dacuments and
Addendums No. (s} � that helshe is thoroughly familiar with the eon#ents thereaf, and is
authorizeci to represent khe respective firm and propose serr�ices ko City of Palrn Desert.
It is understood that the price shown hereon includes aEl routine and seasonaf maintenance
d�scri6ed in the Contract Dacuments and shall be inclusiv� of al� cosis for the Proposer to
accomplish the wark.
The casts of any wnrk showr� or required in the Contract Documents, but not s�ecifically id�ri#ifed
as a Cc�ntract Pay Item are included in tl�e Corrtract Pay Items, and no additipnai corrip�nsatron
shall b� due Cantractor by virtue nt Contractor's complianc� �nrith ihe Cvntract Ciocumen#s.
�er each S�te, re#erenced I�ere as a°lJnit" the maintenance oos# per unik sh�ll be indicaterl by
morrth, and annual cost.
CdNTRACTQRS P'RQPQSAL PR�CE BY �OCATiON
SIT� StT�S D�SCRiPT�ON UNIT PRiCE
UNlT � MONTHLY !JR{t I
fg} �,�6� ANNEIAL Un�t Price
� Vliaring Courk � � � 195.00 � 2340.Op
2 Vineyarc�s
3 Partola Pface
4 Th� Grove
fi � 200.OQ
1 $ 190.00
� $ 460_00
$ 2,400.00
� 2,284.00
� 5,�20.00
R�,�a i i-z za
esK rzsou.aaoo,����., - 22 -
Con#ract No.
UNIT �RICE
SIiE S��ES DESGRIPTION I�NIT NIONTHLY Unit ����� ��It Price
(s) Pric�
�
5 ��lm Gate 1 $ 120.00 � 1,440.OQ
6 Primrnse II � $ �pp��� $ 3,600.40
7 Desert Mirage 1 $ 500.00 $ 6, 000.00
8 Canyon Crest 1 $ 260.�0 � 3,124.00
S College View �st�tes I 1 $ 260.OQ � 3,120.00
1p College View �stafes II 1 $� 290.D4 $ 3,480.00
11 Sur�ance We�t 1 $ 255.00 $ 3,�60.00
12 Sundanee East 1 $ 140.OQ $ ���$Q.�a
13 Petunia l 1 $ 3Qa.a0 $ 3;&00.00
14 Eoulders 1 $ 46Q.40 $ 5,520.00
�5 Kaufman & Broad � � g00.00 � 10,$QQ.p(}
�� Palm Dese�t Country 1 � 45�.00 $ 5,760.�0
Cluta
17 President'sPfazaf '� � ��0.00 � 1,920.00
18 F'resident's Pfaza II 1 $ � gp.pp $ 2,2gd.Q0
19 �rasident's P�aza III 1 $ 460.00 $ 5,520.00
20 The Glen 1 � 260.00 $ 3,12�.00
21 Monterey Meac�ows 9 $ 125.00 � 1,5QQ.Q0
22 Sonata I 1 � 325.40 $ 3,900.00
23 Sonata II 9 $ 450.00 � 5,400.00
24 Havley Estates 1 $ 135.00 � 1,620.00
R9visetl 1� 2-20 - .�.3 '
BBK 72500.00OOtl323749d�.7
Contract No.
2� �.� Paloma I
SiT� S!'��S D�SCRIPiI�N
7
28
27
28
29
3(i
31
32
33
La PaEoma II
La Paloma III
Hovley Collectian
Sandpiper Cou�t
�andpiper Court Wes#
HavEey Caurt West
Qiamondback
Pa�m Courk
�OTAL
1 I$ '� 45.00 I$ 1, 740.00
UNIT PRlCE
11N17 � MONTH�,Y Unit � AN�UAI� Unit Price
(s) Price
� � � 45.00 � � , 740. 00
� � 125.00 � 1,5�0.04
� � 350.00 � 4,200.00
1 $ 150.00 � 1,800.00
1 $ �155.00 $ 1,860.00
� � 225.OD � 2,70fl.�D
� � 100.00 � 1,200.Od
1 � �oo.00 $ ��,zoa.00
� 8,910.00 � 106,920.DO
T4TAL AMOUNT FOR 12 MONTH PERIQD EN FIGURES: $� 06,92�.00
Td?'AL CONTRACT AMDUNT FOR 12 M�NTH P�RIOO IN VIfORDS:
OiVE HUNDf�ED ANQ 51X THOUSAND, NINE HUNDRED AND 1"IN�NTY D�Li..ARS Q0/1 DO
In the euent of a conffict between the numbers give in iigures and in uvords, the words shaA cflntrol.
IN WITNESS WNEl�E4F CONTRACTOR �xecuted this Praposal as of date s�et forth:
Signature of Praposer: ���'�-J � L"~ � �- �`—
(must tfe notarized)
Sig�er's Name: RAFAEL MENDOZA
Cornpany Narr�e: HORIZON PROFESSiONAL LANDSCAPE INC
pat�" MARCFi 9, 2021
a��s� a 3.x.zo - 24 -
BBIt i2500_OOORt�3237A9A3-1
CALIF4RN�A ALL PU�P�SE ACKNOWLEDGMENT
A i�totary public or other offzcer completing this ce�tificake vcrifies only the icientity af the individual who signed
the dvc�irnent to which this certificate is attac:hed, and nok the iruthfulness, accuracy, ar validity of that
document.
' STATE OF CALIFQRNIA
,
COUNTY �F Riverszde
On V Y�{Y����� before me , L. MCLEOD,
Publi�,
Da te (here insert na�ne and title of the o�icer)
personally appeared ���4P�1 !I V ���1�(��1 �
Nntary
who praved to me on the basis df satisfackory evidence to be fhe p rson(s} whose name(s} is re
subscribed to the within instrument and acknowledged to me fha�h /she/�hey �x�cuted the same
it Z/he.r/th�ir authorized capaci�y(ies), and that b�i` /her/�heiz signatur�(s) on the instrument
fhe person(s), or the entity upon behalf of which the person(s) acted, ex�euted the instrum.ent.
� cerfi£y under PENALTY OF PERJURY under the Iaws of the 5tate oi California that �he
foregoing paragraph is tru� and correct.
WITNESS my hand and o£ficial seal.
Signaiu�e: T
L. MCLEOD, Natary Public
- �. MCLEOQ�
H'��'"�J Natary P::�lic California x
�`�"=`��' --� RiverSideCaunty b
-ta _�r -
� =� � Commzssion � 22$4478
� My Comm. Exp�rez Apr 12, 2a23 �
(Seal)
OPTIONAL
Description of Attached Documen�
Titl.e or 7'yp� oF Docurnen�:
Documen� Date:
Other:
Number of Pages:
�
___ �
Contract No.
CiTY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA N�. 47
Project No. 907-22
Contract No. C40690
THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL
PROPOSED PROJECT WORK SCHEDULES
PROPQS�R(S} SHALL CREATE AND ATTACH A PROPOSED WORK SCHEDULE FQR
LANDSCAPE MAINTENANCE AREA NQ. �7 BY LOCATIDN. LOCATIONS AR� iDENTlFIED
IN ATTACHMENT `A"PROPOSED SC�PE �F SERVICES.
We ha�e 3 cr�ws in this area every day, with a d�mp truck, an irriga#ion service body truck and a picic up truck,
plus a supervisor truck and a dump truck servicing other prajects in the area). We propose the following schedule:
MONDAY: Drive through and supervise all ar�as fo ma�Ce sure no issu�s after kE�e weekend.
TUESDAY: Full service projects North of Frank Sinatra, Cooic street, and Hovley lan� East:
College View f& If, Sundance East & Wes#, Petunia l, Kaufman &Broad,
Boulders,Deseri Mirage, Primrose li, Palm Desert C. Cl�b.
W�QNESDAY: Full service projects on Ho�ley Lan� West:
Sonata I& I!, La Palpma I, [I & fll, Sandpiper Ct, 5andpiper Ct West, Havley Estates,
Palm C#, Diart�ond Back, Hovley Coli�ctian, Monterey Meadows, Th� Glenn, Ho�ley C# West.
THURSaAY: Full service projects around Fred Waring dr and HWY 111. Maw Law�s.
President Plaza I, il & III, The Gro�e, Vineyard, Portola Place, Canyon Crest,
Pa[m Gate, Waring Ct,
FRIDAY: Walk all projects for trash pic€c up, blouv down sidewalk, and emprty trash receptacles
where indicated.
All projects to be serviced after 8:Ofl am except Presidents F'laza I, II & III
2 crews performing this schedule @ a time and 3 crews on Fridays.
Supervisor and irrigation tech a�ailable e�ery day
Revisetl 1 t-2-26 _ �6 _
B6K 72590_00 00 7 132 374943.1
_J
Coretract No.
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AR�A NO. 07
Contract No. C4069Q
,
Project No. 907-22
TH1S IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL
ADD17E4NAL WORK PRICING SCMEDULE
LABOR
Additional Laborer
Additional Irrigator
Additional Foreman
� 35.00 p�r hour
$ 45_QO per hour
$ 4d.00 per hour
At City of Palm Des��t's discretion, additional work may be paid for using the cantractual hourly
rate for labor fisfed abo�� with a 15% maric up an materials ar by using the unit pricing listed
below.
PI.ANT MATERIAL REPLACEMENT
Unless atherwise described, replaeement plant material will be whate�er is normal ancf custamary
for the City of Palm Desert.
1�Gallon Shrub Installed � �����
5-Gallon Shrub fnstalled g 35.D0
15-Galfon Tree Instafled* � 150.�4
24"-Box Tree Installed* � 45�.00
Note: Anything o�er 24" box size will b� �aid at the contractual hourly rate for labor, and
ma#erials at cost plus a 15°/a mark-up.
'�Includes the foilawing: digging of hofe, setting af tree, backfil�ing, watering-in a� tree, st�king (if
needed), securing with cinch ties, and acfjusting repairing, ar retrofitting irrigation
TURF MAIN7ENANCE
Mowing: Labor & Equipment � 30.00 per 9,000 sq. ##.
lRRIGAT�ON SYSTEM REPAIR
Irrigation repairs wiil be p�id a# the hourly rate incEicated aba�e and with a�5% marK-up on
materials.
Revised 11-2-20 _ �7 _
8BK 72500_a0fla4532370.943, 9
Contract No.
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 07
Contrac# No. C40690
Proj�ct Na 907-22
,
THIS IS A REQUIRED FORM TQ B� S�BMITTED WITH PROPOSAL
WORK EXPERI�NCE AND TECHNfCAL ABILITY OF THE PROP�SER
ATTACH ADDITiONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONS�S
1. COMPANY
NAME: HORiZON PROFESSfONA� LANDSCAPE INC
TYPE OF ENTITY: �
• Sole proprietor
• i�ar#nership
• Corporation y
2. COMPANY ADDRESSIPHONE NUMB�R:
MAIN OFFICE:
48-727 CHARLTON PEAK STREET
COACHEL�A. CA 92236
LOCAL OFFICE QR DlSPATCH FOR THIS CONTRACT:
48-727 CHARLTON PEAK STREET
COACHELLA, CA 92236
EMERGENCY CQf�TAC�f F'ERSON:
Narne:
RAFAEL MEN�OZA
Phone: 760 333-9371
3. CONTRACTOR LIC�NSE INFQRMATION:
• LfCENSE NUMBER/CLASSIFICATIONINAME STYLE:
799D29 G27 LANDSCApING
• NUMBER OF YEARS OP�RATING UNDER ABOVE LICENSEINAME STYLE:20 YEARS
• LfCENSE EXP'IRATI�N
DATE: 11/30/2021
Revised 11-2-20 _ 2� _
BBK 7250-p.09001132374943.1
Contract No.
• CURRENT LICENSE
STATUS: ACTIVE
• PRIOR ACTIONS AGAINST THIS LICENSE? NO
�
IF YES, L1ST CITATION TYPE AND HOW RESO�.VED:
4. C�MPANY'S FEDERAL IDENTFFICATION NO.: $4-1$48129
5. NAME AND TITLE QF COMPANY OFFICERS:
RAFAEL MENQOZA PRESIDENT
6. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE
SERVIC�S: 20 YEARS
7. NUMB�R OF Y�ARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE
SERVICES FOR PUBLiC AGENCIES: 20 YEARS
8_ NUMBER OF YEARS COMPANY HAS P�0 YEARS ���SCAPE MAINTENA�iCE
SERViCES IN THE COACHELLA VA�LEY:
9. CURREN� LANDSCAP� MAINT�NANCE OPERATiONS
THE C1TY OF PALM DESERT RECOGNIZES TNAT THE lNFORMATlOIV PROVIDED
BYANSWERING THlS QUESTION (QUESTIOIU 9) !S PROPRIETARYlNNATURE, AND
IF THE PROPOSER ELECTS THAT THIS IIVFORMATION BE KEPT CONFIDENTIAL, IT
MUST BE SUBMITT,ED IN A SEPAF�ATE ENVELOPE MARKED "CURRENT
LANDSCAPE MAIN7ENANCE OPERAT101VS"AND SUBMITTE!] SEALED WITNIN THE
PROPOSAL.
• TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 8
• PERCENTAGE OF TOiAL C�NTRACTS WITH PUBLIC AGENCfES:
2D%
• PERCENTAGE OF TOiAL CONTRACTS 1N THE CQACHEL�.A VALLEY:
� oapio
• TOTAL DOLLAR VALUE OF CURRENT LANDSCAPE MAINTENANCE
CONTRACTS: $250,QOO.aO
• NIJMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANC�
OPERAT[4NS (Assigned to this Con#ract)
ReNsed 11-2-20 _ 2g _
BBK 72500_60001132374943.i
Title
sU�BfVl50f
� Irrigation Technician
Foremen
Laborer
Number
�
1
z
2
Contract No.
Hours per Week
1 S hfS
16 hrs
24 hrs
2�4 hrs
• TYPE & NUMBER OF VEHICLES & POWER EQUIPMENT COMMITTED TO THIS
LAfVDSCAPE MAfNTENANCE C?PERATIONS:
Y MOTOR V�MICLES
• TYPE: Pick-up Trucks } NUMBER: �
• TYP�: Utility Bady Trucks NUMBER: �
• iYPE: Flat Bed Trucks NUMBER:
• TYPE: DUMP TRUCKS NUMBER: 2
• TYPE: NIJMB�R:
➢ POWER EQUIPMENT
MOWERS — Reell Rotary Mowe�s
• TYPE: 21" MOWER
• TYPE:
• TYPE:
• TYPE:
AERAT�RSNERTIC�JT7'ERS
• TYPE:
• TYPE:
SEEDERS
• TYPE:
• TYPE:
SPRAYERS
• TYPE: BACK I'ACK
+ TYPE:
➢ NON-P�WER EQUIPMENT
TRAILERS �TILITY TRAIL.ER
• TYPE:
• TYf'E:
OTHER
NUMBER: 2
NUMBER:
NUMBER:
NUMBER:
NUMBER=
NUMBER:
NUMBER:
NUMBER:
NUMBER: 2
NUMBER:
NUMBER: 2
NUMBER:
R�v�Sea 3�-z-za - 30 -
BBK 72500.00001432374943.1
• TYPE:
• TYPE:
Cor�tract No.
NIJMBER:
NUMBER:
PR�POSER ACKNOWLEDGES THAT THE COMPANY hIAS AN APPROPRfATE
SUPPLY DF ALL NECESSARY SMALL POWER AND HAND TOQLS TO
COMPLETE CONTRACTUAL WORK. (Please initialj RM
�
10. REFERENCES
• LIST THREE (3) REFERENCES CURR�NTLY OR SUCCESSFULLY COMPLETED
WITHIN THE LAST FIVE (5) YEARS. ONE R�FERENC� MUST BE FROM A PUBLIC
AGENCY OTHER THAN CITY �F PALM DES�RT AND INVOLVE WORK OF SIMfLAR
SCOPE. ONE OF THE THREE (3) REFERENCES MAY BE FROM THE ClTY OF PALM
DESERT. REFERENCES MUST BE OF EQUAL OR GR�ATER SCOPE T0� THIS
CONTRACT.
THE FQ�LOWING QUESTION5 MAY �E ASKED OF EACH REFERENCE:
• Does fhe cantractor adequately trained staff in order to meet the contract rec�uirements?
• Is the contractor's �quipment in good warking ord�r?
• Does the contractor communicate in a timely and effecti�e mar�ner?
• Does th� contractor respond to complaintlrequests in a timely fashion?
• Does the contractor resol�e deFieiencies withaut assessing contractuaf fines andlor
deficiencies?
Revised 11-2-20 - 3.� -
BBK 725D0.0000 7 432 3 74443.1
Contract No.
REFERENCES
AGENCY AN� CONTACT CONTRACT SIT�
� OCEAN PROPERTlES. oN� �� Pa,sFr� P�,za.
1919 Grand a�e Ste 2A �I Paseo and HUVY 111
San Diega, CA 921 Q9 Pafm Desert, CA 92260
�a
ClTY �F PA�M QESERT ���ER7 WILLO�1!
Go{f Caurs� Perimeter
7351D F'red Waring dr
Palm Desert, CA 922E0 Country Club dr &
Desert Woalow dr.
PaEm C?�sert, CA 922E0
3
Greewnwood & McKenzie
440 First street, S#e 201
Tustin, GA 9278Q
0
VII.l..AGE PLAZA
HUVY 111 & Vifiage Ctr dr
Indian Welfs, GA 92240
�
CONTRAGT C4NTRP,C7
AMOUNT TERM
$26,220.0� One year renewable
$'1 d3,632.00
$43,2Q0.00
One year renewablE�
�
One year renewable
Revisea�7-2-20 - 32 -
BBK 72540_appR1 t.'2374943.1
_�
Contract No.
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 07
Project No. 947-22
Contrac� No. C40G90
THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PR4P�5AL
PROPOSED FACILITIES, EQUIPMENT 8� STAFFING SCHEDULE
Provide the fallowing:
General Landscape Maintenance
Pro�id� resumes for lrrigator(s}, Field Supervisor(s), and Project N1anager(s) — include any
rele�ant education, certification, licensing information and years of experience for each person.
Tree Pr�ninp and Maintenance
Pro�ide resumes fpr the certified tree personne� for this contract.
Irripaiion Svstem Maintenance
Pra�ide resumes for the certifi�d irrigatian personnel for this contract.
Pesticide Application Personnel
Prouide resumes for the certi�Fied pesticide applicaior{s) for this contract.
Landsca�e and Irriaation D�sian
Pro�ide resumes for the certified personnel (if any} for this contract.
THE REMAINDER OF THlS PAGE IS LEFT iNTEN7fONALLY BLANK
'� i�AFAEL MENDOZA: FIELD SIJP�RVISOR AND PRQJECT MANAGER.
30 years in the Landsca�e ir�dustry. Worked for large companies as field supenrisar and project ma�ager,
In charge af 6 crews maintainig comr�ercial projects and a Tree pruning crew. In charge of custorrter satisfactian,
sales and Landscape design. Trained as pesticide Qualified app[icator, Certified Landscape �echnician
and tree pruning.
�` JULIAN GONZA�EZ: FOREMAN.
20 years working in F�arizon Professional Landscape inc as a foreman r�aintaining commmercial projects.
In charge of one crew and overseeing a!I projects.
� JORGE HERI�ANDEZ: fRRIGATION TECHNICIAN.
Worked in Go1f Courses repairing irrigation systems and assuring exceilent perforrnance.
In charge of dock programming and updates.
" VICENTE AYALA: CREW HELPER.
18 Years working in Horizon Professional Landscape inc as a For�:man back up ar�d crew heEper.
�la�ing Vicente warking in a praject is a guarantee of an outstanding jab.
Revised 11-2-20 _ 3� _
BBK 72500.000�1132374943.t
Con�ract No.
IRAN CONTRACTING ACT CERTIFICATEDN
(P�ahlic Contract Code section 2�00 et seq.)
THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL
As �equired by Cafifornia Public Contract Code section 2204, the Con�ractor certifies subject to
penalty for perjury that the optian checked be�ow relating to the Contractor's status in regard ta
the Iran Contracting Act of 2a10 (Public Contract Code section 22Q0 ef seq.} is true and correct:
❑ The Contracior is not:
(i) identified on the current list of persons and entities engaging in investrnent acti�ities in
Iran prepared by the California Departr�ent of General Services in accordance with subdivision
(b) of Public Contract Code section 2203; or _
{ii) a financial institution that extends, for 45 days or more, credit ir� the amount of
$20,0OO,OpO or more to any other person or entity identified on the current list of persons and
entiiies engaging in investment acti�ities in Iran prepared by the California Departme�t of
General Services in accordance with subdi�isior� (b) of Public Contract Code section 22p3, if
that persor� or entity uses ar will use the credi# to pro�i�fe gaods or services in #he energy sector
in Eran.
❑ Authority has exernpted fhe Contractor from the requirements of the lran Contracting Act
ofi 2D10 after making a public finding tha#, absen# the exemption, Authorifiy will be unabfe to
ab#ain the goods andlor services ta be pro�ide� pursuant to the Contract_
L T�e arnount of the Contract �ayable to the Contractor for the Work does not exceed
$1,000,000.
Signeci /�-�'�� � /"t� ,.C: � �...-
Titled pR�SIDENT
Firm HORIZON PF�O�ES510NAL LAIVDSGAPE INC
Date ,3��' �/` �-�
Nate: In accordance with Public Contract Code section 2205, false certif�cation of th�s form shall
be reporked to the California Attorn�y General and may result in ci�Ei penalties e�ual #o the
greater of $250,000 or twice the Contract Price, #Ermination of the Contract anc�Iar ir�eiigibility to
bid on contracts for three years_
Revlsetl 11-2-2D _ s4 _
BBK 725�0.00001132374943.1 J
�
Contract No.
City of Palm Desert
LANDSCAPE MAINTENANCE AREA N0.07
Project No. 907-22
Caniract No. C40690
THIS IS A REQUIRED FORM TO BE SUBMITTED WITH PROPOSAL
PROPOSAL AFFIRMATION
With regard to the information pro�ided hereinabo�e, I affirm that:
• All informaiion pro�id�d is true and correct #o the best of my knowfedge, and;
I understand that a materia�ly false staterr�ent wiilfully or fraudulently made in connection
with this Proposai may res�lt in the termina�ion of any contract between the City of Palm
Desert and HORIZON PROFESSIONAL LANDSCAPE INC and as a further result,
the aforesaid firm may be barred from participation i� future City of Palm Desert
contracts as well as be subject to possible criminal prosecution, and;
� f have legal auihority to bind THI� PRf�PC�SAI
the terms of this afffrmatior�.
to
The undersigned hereby su#�mits its proposaE and, by doing so, agrees to furnish services
to the City �n accordance with the Request for Proposal (RFP), and to be baund by the
t�rms and condifions of the RFP." Proposers ►nust �xamine the site and become
acquainted with all conditions affecting fhe work. In submitting a Propasal, Proposers
warrant that they ha�� made such site examination as �h�y deem necessary to determine
t�te canditian af #he site, its accessibility to materials, workmen and equipment, and to
determi�e the proposer's abiiity #o protect existing surface and su�surface
imprQvements. Proposers shall also famiiiarize themselves wi#h all state and local laws,
ordinances, rules, regulations, and codes af€ecting the performance of the work; make
s�ch in�estigations, as it may deem necessary fior perfarmance of the Services at its
proposal price within the #erms of the Agreement; and correlate its observations,
inves#igations, and determinations with the requirements of the Agreement. No claim for
aflowances—time or money—will be allowed as ta such matters.
FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED
�� -� %'' e�-t �..� ,�u �- �..- .��� `i � z,
Signature � Dafie
RqFAELMENDOZA
Printed Name
PRESIDENT
�itle
, HORIZON PROF�SSIONAL LANDSCAPE !NC
Company Name
Revisee�l-z-zo _ �5 _
BBK 72500_OOOOi 132374943.1
Contract No.
CITY OF PA�.M DESERT
LANDSCAI'� MAINTENANCE AREA NO.Q7
Praject No. 907-22
Contract No. C40694
�
TH15 1S A REQUIRED FDRM TD B£ SUBMITfED WITH PROPOSAL
NON-COLLU510N D�CLARATION
To Be Executed by Proposer(s} and Submitted wit� Proposal
The undersignecf declares:
! am the PRESIDENi
�� HORIZON PROFESSIQNAL IANDSCAPE IiVC �h�
par#y making the foregoing bid. The bid is not made in the inierest of, or on be�alf of, any undisclosed
persan, partnership, company, assnciation, organiz�tion, or corporation. The bid is ge�uine and not
collusi�e or sham. The bidder has not direetly or indirectly induced or solicited any other bidder to put
in a false or sham bid. The bidder has not diractly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bEd, or to refrain from bidding. The b9dder has
not in any manner, directiy or indirectly, sought by agreement, communication, or conf�rence with
arryone to fix the bid price of the bidder or any otl�er bidder, or to fix any overhead, profi#, or cost
elemEnt of the bid price, or of that of any ather bidder. Ali statements contained in th� bic� are true.
The bidder has not, directly or indirectly, subrnitted his or her bid price or any breakdown thereof, or
the contents tnereof, or divulged information or data relati�e thereto, ta any corporation, partners�ip,
company, association, organization, bid depasitory, or to any member or agent thereof, to effecivate
a collusive or sham bid, and has no# paid, and will not pay, any person ar entity �or such purpose.
Any person executing this declaraiian on behalf of a bidder that is a corporatio�, partnership,
joint v�nture, lirnited liability company, ]imified liabiiity partnership, or any ather entity, hereby
represents that he ar she has full pow�r to execute, and does execute, this declaration on behalf of
the bidcfer.
I declare under penalty of perjury under the laws of the State of Califorr�ia that #F�e foregoing is
true and correei and that this declaration is executed on March 9, 2021 , 2021 ,
�t COACHELLA , CALIFORNIA .
C ity State
gy: /� �; � � �' �t �.-� .�..,� %-.--
` Contracior's 5ignatur�
Tltle: PRFS�f]FNT
Revised 11-2-20 _ �� _
$BK 72506_9000'f532374943_9
Contract No.
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO.Q7
Project No. 907-22
Contract No. C40690
�
THES IS A REQUIRE� FORM TO BE SUBMIT�ED WIiH PROPOSAL
PUBLIC WORKS CONTRACT�R DIR REGISTRATION C�RTIFICATION
Pursuant to Labor Code s�ctions 1725.5 and 1771.1, all contractors and subcan#ractors tha# wish to
bid on, be lis#ed in a bid proposal, or enter in#o a contract to perform pui�lic wark must be registered
with the Department of industrial Relations. See http:l/www.dir.ca.go�IPublio-
Works/Public4Norks.html for additiona� informa�ian.
No bid will be acc�pted r�ar any contract entered into withaut proof of the contractor's and
subcontractors' e�rrent registration wifih the D�partrr�ent of lndus#rial Relations to perforrn public work.
Contracior h�reby certifies that it is aware of th� registra�ion requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a cantrac#ar with tl�e Department of
Inc(ustrial Relations.'
Name of Contractor:
DIR Registration Number_
H4RIZON PROFESSIONAL LANDSCAPE INC �
DIR R�gistration Expiration:
Sma!! Project Exemption'
"[000534321
0�13012021
Yes or X No
tJniess Contractar is exempt pursuant ta the small project exer�ptian, Contractor further
acknowledges:
1. Contractor shail rnaintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.� in its
contract with su�contractors and ensu�e that all sul�contractors are registered a# the titne of
bid opening and rrtaintain registratian staius for fihe duration of the project.
3. �ai[ure to submit this farm or comply with any of the abo�e requirements may resuEt in a finding
that the �id is non-responsive.
Name of Contractor: H4RIZON PROFESSI�NAL LANDSCAP� INC
Signa#ure: %r.�rr��' ✓�-'�,t:� �---
�
Name and Title: RAFAEL MENDOZA PR�SIDENT
DatecE: %� �r� � �'j J Z-�, �-t"
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' If the Pro�ect is exempt from the conRractor registration requirements pursuant to the small project exemption under Labor Code
5ecttions 1725.5 and 1771.1, please mark "Yes" in response to °Small i'roject Exemption."
Rev�sea�i-z-2o _ 37 _
BBK 72560.00001132374943.'I
COOK STMONTEREY AVEFRED WARING DR
PORTOLA AVEHOVLEY LN E
FRANK SINATRA DR
EL PASEO
GERALD FORD DR
WASHINGTON STELDORADO DRWARNER TRLHOVLEY LN W
OASIS CLUB DRTAMARISKROW
D
RCALIFOR N IAAVESAN PABLO AVEPARK VIEW DR
DEEP CANYON RDMAGNESIA FALLS DR
COOK STHAYSTACK RDMONTEREY AVEPORTOLA AVEGRAPEVINE STSHADOWMOUNTAINDR
FAIRWAY DR
HOVLEY LN EPORTOLA AVEFRED WARING DR
COUNTRY CLUB DR
FRANK SINATRA DRPORTOLA AVECOUNTRY CLUB DR
MONTEREY AVECOOK STINT
E
R
S
T
A
T
E
H
W
Y
1
0
INT
E
R
S
T
A
T
E
H
W
Y
1
0
HWY 111
DINAH SHORE DR
MILES AVE
Landscape Area 7
I 2020