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HomeMy WebLinkAboutC36582 CA2 Landscape Maintenance Area (LMA) No. 6 - 906-20STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: May 28, 2020 PREPARED BY: Randy Chavez, Landscape Supervisor CONTRACT NO. C36582 F 'I REQUEST: Approve Contract No. C36582, Amendment No. 2 to Contract No. C36580 with Horizon Professional Landscape, Inc., for Landscape Maintenance Area (LMA) No. 6 in the amount of $103,632, and include repair work and services in an amount not to exceed $25,000 (Project No. 906-20). Recommendation By Minute Motion: 1. Approve the second, one-year extension to Contract No. C36580 with Horizon Professional Landscape, Inc., for LMA No. 6 in the amount of $103,632; 2. Authorize the City Manager to approve extra repair work and services in an amount not to exceed $25,000; and 3. Authorize the City Manager to execute said amendment. Funds are available in Account No. 4414195-4332000, R/M Desert Willow, and 1104614- 4337001, R/M Medians. Strategic Plan Obiective Parks and Recreation Priority 1 Goal: Maintain the City park system in a high -quality state. Background LMA No. 6 is one of the three, high frequency, service -based maintenance areas in the City. It consists of perimeter, median, and parkway landscape of Desert Willow's main roads. On May 10, 2018, the City Council awarded Contract No. C36580 to Horizon Professional Landscape, Inc., for a term of one year with an option for up to four one-year extensions. The first extension was awarded on April 25, 2019 and is set to expire on June 30, 2020. Horizon Professional Landscape has agreed to a one-year contract extension, commencing July 1, 2020. However, due to the increase in the State's mandated minimum wage and related costs, they are requesting an increase of approximately three May 28, 2020 - Staff Report Contract No. C36582, Amendment No. 2 to Contract C35680 with Horizon Professional Landscape for LMA No. 6 (Project No. 906-21) Page 2 of 2 percent (3%) or $224.00 per month ($2,688 per year). In addition, recently the Desert Willow Lower Parking was transferred to the City's name, so its maintenance is no longer allocated to SARDA funds. Horizon Professional, who is the regular maintenance contractor for the parking lot, has agreed to continue to maintain it at the additional cost of $996 per month ($11,952 per year). Staff finds the request to be reasonable given that outside influences mandated the cost increase. The new total contract amount will be $103,632 per year ($8,636 per month). Repair work and services cover unforeseen issues/activities that may arise that require landscape maintenance services. These services are in addition to the general services specified in the landscape maintenance contract and include items such as the repair and replacement of irrigation and landscape lighting equipment, emergency tree work, replacement of trees and shrubs, pest control, accident or vandalism repair, replacement of damaged signs and other items, water conservation related work, repairing and replacing site furnishings, and performing enhancement work as needed. Fiscal Analvsis The fiscal impact for the Fiscal Year 2020-2021 operating budget is an increase of $3,360 over the Fiscal Year 2019-2020 budget. Staff included this increase in the Fiscal Year 2020-2021 proposed operating budget LEGAL REVIEW ,�oeent'.�auy�eaaea Robert W. Hargreaves City Attorney DEPT, REVIEW Tovu ClArGA FINANCIAL REVIEW Tom Garcia, P.E. Janet M. Moore Director of Public Works Director of Finance City Manager, Lauri Aylaian: 29 CONTRACTOR: Horizon Professional Landscape, Inc. 48-727 Charlton Peak Coachella, California 92236 ASSISTANT CITY MANAGER .Andy Fires t ine Andy Firestine Assistant City Manager ATTACHMENTS: Contract No. C36582, Amendment No. 2 to Contract No. C36580 Payment and Performance Bonds Contractor's Acceptance Letter Vicinity Map of LMA No. 6 CONTRACT NO. C36582 SECOND AMENDMENT TO CONTRACT NO. C36580 WHEREAS, the City of Palm Desert ("City") and Horizon Professional Landscape, Inc., ("Contractor"), entered into an agreement, May 10, 2018, for Landscape Maintenance Area No. 6 ("Agreement'), the parties wish to amend the Agreement effective July 1, 2019. NOW, THEREFORE, the parties agree as follows: A. Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2020 through June 30, 2021." B. The Amount of the contract will increase by the sum of fourteen thousand six hundred forty and 00/100 dollars ($14,640.00), which includes the monthly maintenance of the Desert Willow Lower Parking Lot; a total annual contract price of $103,632. C. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 281h day of May 2020. CITY OF PALM DESERT A Municipal Corporation Lauri Aylaian, City Manager City of Palm Desert Attest: Rachelle D. Klassen, City Clerk CITY OF PALM DESERT, CALIFORNIA Approved as to Form: Robert W. Hargreaves, ESQ. City Attorney HORIZON PROFESSIONAL LANDSCAPE, INC. Contractor Approved as to Content: Tom Garcia, P .E. Director of Public Works CONTRACT NO. C36582 CONTRACTOR 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 } )SS County of Riverside } On , 20 , before me, , a 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 (Seal) Contract No. C36582 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 Mav 28, 2020 has awarded to Horizon Professional Landscape. Inc.. hereinafter designated as the "Principal," a contract for the work described as follows: Landscape Maintenance Area No. 6 (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 Mav 14, 2020 ("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 Three Thousand Six Hundred Thirtv-Two and 00/100 Dollars ($103,632.00) 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 pertaining or relating to any scheme or work of improvement herein above described, or pertaining 72500 00001\32375614 1 (Revised 10-29-19) Contract No. C36582 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20_ (Corporate Seal) Contractor/ Principal (Corporate Seal) By Title Surety By Attorney -in -Fact 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. 72500 00001\32375614 1 (Revised 10-29-19) Contract No. C36582 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 Individual Corporate Officer Title(s) E Partner(s) Limited General Attorney -In -Fact Trustee(s) E Guardian/Conservator E Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal 72500 00001\32375614 1 (Revised 10-29-19) Contract No. C36582 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 L Individual Corporate Officer Title(s) Partner(s) C Limited General Attorney -In -Fact i Trustee(s) -i Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 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. 7250000001\323756141 (Revised 10-29-19) Contract No. C36582 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") an agreement for Landscape Maintenance Area No. 6 (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 May 26, 2020, (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 Three Thousand Six Hundred Thirty -Two and 00/100 DOLLARS, ($103,632.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 72500 00001\32375614 1 (Revised 10-29-19) Contract No. C36582 (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. 72500 00001\32375614 1 (Revised 10-29-19) Contract No. C36582 IN WITNESS WHEREOF, we have hereunto set our hands and seals this , 20_). (Corporate Seal) (Corporate Seal) Contractor/ Principal Title Surety Attorney -in -Fact day of Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) The rate of premium on this bond is 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) Title per thousand. The total amount of premium NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 7250000001\323756141 (Revised 10-29-19) Contract No. C36582 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 E Individual r- Corporate Officer Title(s) Partner(s) 7 Limited General C Attorney -In -Fact i- Trustee(s) r- Guardian/Conservator r- Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 72500 00001 \32375614.1 (Revised 10-29-19) Contract No. C36582 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 Individual Corporate Officer Title(s) Partner(s) I I Limited E General E] Attorney -In -Fact -1 Trustee(s) Guardian/Conservator _j Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 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. 72500 00001 X32375614 1 (Revised 10-29-19) HORIZON PROFESSIONAL LANDSCAPE INC 48727 Charlton Peak Coachella, CA 92236 CA LIC # 799029 Ph (760) 333-9371 Fax (760) 398-2250 Hello Randy. We gladly accept to renew the contract of Landscape Maintenance For LMA 6 for the year 2020-2021. It has been suggested to combine the LMA 6 (Desert Willow Golf Course Perimeter), with The Desert Willow Lower Parking Lot with the following break down: CONTRACT No. C36580 (LMA 6) �88,992.00 Current contract price: $7,416.00 per month for the year 3% increase: $ 224.00 per month $2,688.00 for the year $7,640.00 per month $91,680.00 for the year We would like to apply a 3% increase based on the following reason: The contract has 240 allocated hours manpower per month. This 3% allow us to give the laborers an average of $1.00 dollar per hour wage increase for the year. ADDITIONAL COST TO MAINTAIN THE LOWER, OVERFLOW PARKING LOT $996.00 per month $11,952.00 for the year The suggested total contract price for the year 2020 — 2021 would be: $8,636.00 per month $103,632.00 for the year Respectfully I(afael Mendoza President y/'Z% Schedule for California Minimum Wage rate 2017-2023. Date Minimum Wage for Employers with 25 Employees or Less January 1, 2017 $10.00/hour January 1, 2018 $10.50/hour January 1; 2019 $11.00/hour January 1, 2020 $12.00/hour January 1, 2021 $13.00/hour January 1, 2022 $14.00/hour January 1, 2023 $15.00/hour _ Minimum Wage for Employers with 26 Employees or More $10.50/hour $11.00/hour $12.00/hour $13.00/hour $14.00/hour $15.00/hour httpsJtwww.dir.ca.gov/d"A'aq_tTgnimuffr*-age.htm 1 /1 v� ��GS"7fi�N a KINGSTON ]UI?T W = COURT E E-TUNIA P.ETUNIA— LACE W PLACE E a •CHINOOK CHINOOK-- CIR CIR E -OiSOPEL•L•I—KOKpPEL-LI- 1+ CIR CIR E O Ix EG E• V IE W--'COL"L"EGE'V I E W :IR W CIR E .P.1N E. LN-9—U N I V ERSI T-T- AISY LN- Jd� f.� ISTANI yE OK- �yy ,VCo-DR- I aSRDE.V K SOL , V 4}' Landscape Area 6 VN] ifiliL�JiYLlil 2020 'O,CIR- F�- oD 7+I } a �0. CJW 0 N J J Ra —CEVAN CIR