HomeMy WebLinkAboutC36580 - LMA 6 - 906-19 Contract No. C36580
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: May 10, 2018
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Award Contract No. C36580 for Landscape Maintenance Area No.
6 to Horizon Professional Landscape of Coachella, California, in
the amount of $86,400, and include repair work and services for an
amount not to exceed $25,000 (Project No. 906-19).
Recommendation
By Minute Motion:
1. Award Contract No. C36580 for Landscape Maintenance Area No. 6 to
Horizon Professional Landscape of Coachella, California, in the amount of
$86,400;
2. Authorize City Manager to approve extra repair work and services for an
amount not to exceed $25,000; and
3. Authorize the City Manager to execute the contract.
Funds are available in Account No. 4414195-4332000, RIM Desert Willow.
Strategic Plan Objective
The Parks and Recreation Priority 1 goal is highlighted with this project. The Priority 1 goal
mandates that our park system be maintained in a high-quality state.
Background
Landscape Maintenance Area 6 (LMA 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. Desert Willow is host to a wide range of special events and
activities, so it must be in peak condition at all times.
In previous years, the contract for this area was awarded to the lowest bidder; however, staff
saw an increasing practice of contractors providing unrealistically low bids, then subsequently
defaulting. Therefore, in 2012, staff consulted with the City Attorney to revise the bidding
process from a low-bid selection to a service-based selection. This process evaluates not
only cost, but also other factors such as experience, equipment, and qualified labor. Since
then, the level of service and quality of maintenance has improved substantially.
May 10, 2018 - Staff Report
Award Contract No. C36580 to Horizon Professional Landscape
Page 2 of 2
The current contract for LMA 6 is set to expire on June 30, 2018; therefore, a Notice Inviting
Proposals was advertised, and on February 28, 2018, staff received proposals from seven
vendors. A selection committee that included landscape, planning and engineering staff
members reviewed the proposals and ranked them as follows:
Contractor Main Office Location Amount Avg. Score
Horizon Professional Coachella, CA $86,400 89
Mariposa Landscapes Irwindale, CA $91,656 88.3
Inland Empire Landscape San Bernardino, CA $85,656 87.33
Kirkpatrick Landscaping Indio, CA $87,960 84.67
Vintage Associates, Inc. Bermuda Dunes, CA $115,200 82.7
Conserve Landcare Thousand Palms, CA $79,980 79.67
Urban Habitat Environmental Indio, CA $77,820 79.0
The selection criteria included not only the aforementioned factors, but also the thoroughness
of the proposal; the practicality of the proposed work schedule; the cost for the base
maintenance and additional work; and credit for a local office. Following the review, the
committee recommended awarding the contract to Horizon Professional Landscape. The
contract is for a term of one year with an option of four, one-year extensions. Horizon is a
local contractor who has performed landscape work satisfactorily throughout the City.
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.
Fiscal Analysis
The contract amount is included within the FY 18/19 operating budget; therefore there is
no anticipated fiscal impact.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
i\f/A
Robert W. Hargrea es T othy R o son, P.E..„,:vd •
lJ Moore auri Aylaian
City Attorney ndependent I :rim Director of Finance City Manager
Director of Pu• c Works
CONTRACTOR: Horizon Professional Landscape
48-727 Charlton Peak
Coachella, California 92236
ATTACHMENTS: Agreement
Performance & Payment Bond
Contractor's Proposal
LANDSCAPE MAINTENANCE AREA NO. 6
PROJECT NO. 906-19
CONTRACT NO. C36580
PROPOSAL SUBMISSION FORMS
COST PROPOSAL
TO: CITY OF PALM DESERT, "CITY"
DATE: 2/26/2018
PROPOSER: HORIZON PROFESSIONAL LANDSCAPE "CONTRACTOR"
The undersigned declares that he/she has carefully examined the Terms and
Conditions, the General Terms and Conditions, the Specific Terms and Conditions, and
the Attachments accompanying the Notice Inviting Proposal; and Addendums
No.(s) N/A that he/she is thoroughly familiar with the contents thereof, and is
authorized to represent the respective firm and propose services to City of Palm Desert.
It is understood that the price shown hereon includes all routine and seasonal
maintenance described in the specifications.
The costs of any work shown or required in the Specifications, but not specifically
identified as a Contract Pay Item are included in the Contract Pay Items, and no
additional compensation shall be due Contractor by virtue of Contractor's compliance
with the Specifications.
For each item, the averaged one-month maintenance cost shall be indicated and the
total of these costs shall be extended for the term of the contract. This contract is for a
one-year period from July 1, 2018, through June 30, 2019, with four, one-year extension
options at the City's discretion and based on Contractor's performance. Proposer must
provide costs for all items below.
PRICE PRICE
ITEM DESCRIPTION (MONTHLY) (12 MONTHS)
$ 7,200.00 $ 86,400.00
1 Desert Willow perimeter and median landscape
(per Proposal Locations described on page 45)
TOTAL $ $
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ 8 6 , 4 0 0 . 0 0
11
TOTAL AMOUNT BASE PROPOSAL IN WORDS
EIGHTY SIX THOUSAND, FOUR HUNDRED DOLLARS AND 00/100
IN WITNESS WHEREOF CONTRACTOR executed this Proposal as of date set forth:
By: A74://ems
Signature
Title: OWNER
CONTRACTOR
12
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 R�,'e,sS‘'c.-12e )
On 1't'10• 2-62 , 20 t g before me, D• PA-r �-
personally appeared 1 au'..\ r"4C'rncka Z_
who proved to me on the basis
of satisfactory evidence to be the person(s) whose names e're subscribed to the
within instrument and acknowledged to me that CP-he/they executed the same in
er/their authorized capacity(ies), and that by 4I er/their signatures(s) on the
instrument the person(s), or the entity upon beha 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.
p �ArEL
Koa,y P..ni'; -CVornia r
Signature ublic t,;omr. Eap.resJJ'1o2Oz1
9. 6 A 1 L
13
LANDSCAPE MAINTENANCE AREA NO. 6
PROJECT NO. 906-19
CONTRACT NO. C36580
ADDITIONAL WORK PRICING SCHEDULE
LABOR
Additional Laborer $ 30.00 per hour
Additional Irrigator $ 45.00 per hour
Additional Foreman $ 35.00 per hour
At City's discretion, additional work may be paid for using the contractual hourly rate for
labor listed above with a 15% mark up on materials or by using the unit pricing listed
below.
PLANT MATERIAL REPLACEMENT
Unless otherwise described, replacement plant material will be whatever is normal and
customary for the City of Palm Desert.
1-Gallon Shrub Installed $ 15.00
5-Gallon Shrub Installed $ 35.00
15-Gallon Tree Installed* $ 150.00
24"-Box Tree Installed* $ 450.00
Note: Anything over 24" box size will be paid at the contractual hourly rate for
labor, and materials at cost plus a 15% mark-up.
*Includes the following: digging of hole, setting of tree, backfilling, watering-in of tree,
staking (if needed), securing with cinch ties, and adjusting repairing, or retrofitting
irrigation
TURF MAINTENANCE
Mowing: Labor & Equipment $ 60.00 per 1,000 sq. ft.
IRRIGATION SYSTEM REPAIR
Irrigation repairs will be paid at the hourly rate indicated above and with a 15% mark-up
on materials.
14
LANDSCAPE MAINTENANCE AREA NO. 6
PROJECT NO. 906-19
CONTRACT NO. C36580
WORK EXPERIENCE AND TECHNICAL ABILITY OF THE PROPOSER
ATTACH ADDITIONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE
RESPONSES
1. COMPANY NAME: HORIZON PROFESSIONAL LANDSCAPE
TYPE:
• Sole proprietor V
• Partnership
• Corporation
2. COMPANY ADDRESS/PHONE NUMBER:
MAIN OFFICE:
48/727 CHARLTON PEAK, COACHELLA, CA 92236
760 333-9371
LOCAL OFFICE:
SAME ADDRESS
EMERGENCY CONTACT PERSON:
Name: RAFAEL MENDOZA
Phone: 760 333-9371
3. CONTRACTOR LICENSE INFORMATION:
• LICENSE NUMBER/CLASSIFICATION/NAME STYLE:
CALIFORNIA STATE LICENSE # 799029 CLASS C-27 LANDSCAPING
• NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME
STYLE: 16 YEARS
• LICENSE EXPIRATION DATE: 9/30/2019
• CURRENT LICENSE STATUS: ACTIVE
15
• PRIOR ACTIONS AGAINST THIS LICENSE? NO
IF YES, LIST CITATION TYPE AND HOW RESOLVED:
4. COMPANY'S FEDERAL IDENTIFICATION NO.: 58-2674996
5. NAME AND TITLE OF COMPANY OFFICERS:
RAFAEL MENDOZA OWNER
6. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE
MAINTENANCE SERVICES: 16 YEARS
7. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE
MAINTENANCE SERVICES FOR PUBLIC AGENCIES: 15 YEARS
8. NUMBER OF YEARS COMPANY HAS PROVIDED 6YLANDSCAPE
MAINTENANCE SERVICES IN THE COACHELLA VALLEY:
9. CURRENT LANDSCAPE MAINTENANCE OPERATIONS
THE CITY RECOGNIZES THAT THE INFORMATION PROVIDED BY
ANSWERING THIS QUESTION (QUESTION 9) IS PROPRIETARY IN NATURE,
AND IF THE PROPOSER ELECTS THAT THIS INFORMATION BE KEPT
CONFIDENTIAL, IT MUST BE SUBMITTED IN A SEPRATE ENVELOPE
MARKED "CURRENT LANDSCAPE MAINTENANCE OPERATIONS" AND
SUBMITTED SEALED WITHIN THE PROPOSAL.
• TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 5 CONTRACTS
• PERCENTAGE OF TOTAL CONTRACTS WITH PUBLIC AGENCIES: 6%
• PERCENTAGE OF TOTAL CONTRACTS IN THE COACHELLA VALLEY:
100%
• PERCENTAGE OF TOTAL PUBLIC AGENCY CONTRACTS IN THE
COACHELLA VALLEY: 100%
• TOTAL DOLLAR VALUE OF LANDSCAPE MAINTENANCE CONTRACTS:
$12,060.00
• PUBLIC AGENCY PERCENTAGE OF TOTAL MAINTENANCE CONTRACT
VALUE (Based on dollar value): $720.00
• NUMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANCE
OPERATIONS (Total company-wide)
16
Title Number Average Compensation* Unit
Supervisor 1 OWNER _ Per Mo
Irrigation Technician 1 16.00 Per Hour
Foremen 2 15.00 Per Hour
Laborer 3 13.00 Per Hour
*Use fully burdened rate (i.e., taxes, insurance, benefits, OH & P)
• TYPE & NUMBER OF VEHICLES & POWER EQUIPMENT COMMITTED TO
ALL LANDSCAPE MAINTENANCE OPERATIONS (Include sample photos):
MOTOR VEHICLES
• TYPE: Pick-up Trucks NUMBER: 1
• TYPE: Utility Body Trucks NUMBER: 2
• TYPE: Flat Bed Trucks NUMBER:
• TYPE: DUMP TRRUCKS NUMBER: 2
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
POWER EQUIPMENT
MOWERS — Rotary (Large Area)
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
MOWERS — Rotary (Small Area)
• TYPE: NUMBER:
• TYPE: 21"MOWER NUMBER: 5
• TYPE: 36"MOWER NUMBER: 1
• TYPE: NUMBER:
MOWERS — Reel (Large Area)
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
MOWERS — Reel (Small Area)
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
MOWERS — Other
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
17
TURF SWEEPERS and VACUUMS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
AERATORS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
SEEDERS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
SPRAYERS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
TRACTORS SKIP LOADER 1
• TYPE: NUMBER:
• TYPE: BACKHOE NUMBER: 1
• TYPE: SMALL BOB CAT NUMBER: 1
• TYPE: NUMBER:
UTILITY VEHICLES
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
NON-POWER EQUIPMENT
TRAILERS
• TYPE: 10' TRAILER NUMBER: 2
• TYPE: UTILITY TRAILER NUMBER: 1
• TYPE: 20' TRAILER NUMBER:
• TYPE: NUMBER:
OTHER
• TYPE: GOLF CART NUMBER: 1
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
18
10. REFERENCES
• LIST THREE (3) REFERENCES CURRENTLY OR SUCCESSFULLY
COMPLETED WITHIN THE LAST FIVE (5) YEARS. ONE REFERENCE MUST BE
FROM A PUBLIC AGENCY AND INVOLVE WORK ADJACENT TO PUBLIC
ROADWAYS. ONE OR ANY NUMBER OF THE THREE (3) REFERENCES CAN
BE FROM THE CITY OF PALM DESERT. REFERENCES MUST BE OF EQUAL
OR GREATER SCOPE TO THIS CONTRACT.
REFERENCES
Contract Name,
Annual Contract Number& Length of Public Agency
Amount Location Contract Contact Information
1 $ N/A Agency Name
(Name&Number) — — — Address
Contract Location City/State/Zip
Phone
Contract
Administrator
2 ; $ N/A Agency Name
(Name&Number)
Address
Contract Location City/State/Zip
Phone
Contract
Administrator
•
3 1 $ N/A Agency Name
(Name&Number)• Address
Contract Location City/State/Zip
Phone
Contract
Administrator
1
THE FOLLOWING QUESTIONS WILL BE ASKED OF EACH REFERENCE:
• Does the contractor adequately staff in order to meet the contract requirements?
• Is the contractor's staff adequately trained?
• Is the contractor's equipment in good working order?
• Does the contractor communicate in a timely and effective manner?
• Is the contractor's staff knowledgeable with project/contract standards?
19
• Does the contractor respond to complaint/requests in a timely fashion?
• Does the contractor resolve deficiencies without assessing contractual fines
and/or deficiencies?
• Would you accept future proposals/bids from this firm?
20
PROPOSED FACILITIES, EQUIPMENT & STAFFING SCHEDULE
Facilities:
List location/address and telephone phone number of facility(ies) from which work crews
and equipment will be dispatched.
48-727 CHARLTON PEAK, COACHELLA, CA 92236
Equipment:
List equipment to be furnished to execute work tasks specified in this Agreement,
General Provisions, and Special Provisions. Use additional sheets as necessary.
Include photos.
POWER EQUIPMENT
MOWERS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
TURF SWEEPERS and VACUUMS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
AERATORS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
SEEDERS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
SPRAYERS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
21
TRACTORS
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
UTILITY VEHICLES
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
PROPOSER ACKNOWLEDGES THAT THE COMPANY HAS AN
APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER AND HAND
TOOLS TO COMPLETE CONTRACTUAL WORK. (Please initial)
Staff:
List the employees, both labor and supervision, to be routinely assigned to execute
work tasks specified in this Agreement, General Provisions, and Special Provisions. Be
sure to note by title any applicable licenses/certifications held by assigned personnel.
Indicate with (S) if listed personnel are to be shared with another contract or project.
Use additional sheets as necessary.
General Landscape Maintenance
(List Laborer(s), Irrigator(s), Field Supervisor(s), and Project Manager(s) — include any
relevant education, certification, licensing information and years of experience for each
person listed). Use additional sheets as necessary
SUPERVISOR AND IRRIGATION SPECIALIST: RAFAEL MENDOZA, 35 years experience, QAC, CLT
IRRIGATION: RAMSES CASTRO, 2 years experience.
f
FOREMAN: JULIAN GONZALEZ, 25 years experience, 16 years with the company.
HELPER: VICENTE AYALA, 20 years experience, 14 years with the company
22
Tree Pruning and Maintenance
(Include any ISA or equivalent certified personnel and years of experience)
Irrigation System Maintenance
(List technical personnel — include any relevant education, certification, licensing
information and years of experience for each person listed)
RAFAEL MENDOZA: 35 YEARS EXPERIENCE, CERTIFIED LANDSCAPE TECHNITIAN
25 YEARS EXPERIENCE IN IRRIGATION DESIGN,
SPECIALIZED IN VALVE AND WIRE TROUBLESHOOTING AND REPAIR.
Pesticide Application
(List licensed and/or certified personnel and years of experience - all non-licensed, non-
certified personnel must have received verifiable annual training) Use additional sheets
as necessary.
RAFAEL MENDOZA, QUALIFIED APLICATOR CERTIFIED
23
Landscape and Irrigation Design
(List personnel with formal training and certificates and years of experience)
RAFAEL MENDOZA: 25 YEARS OF EXPERIENCE IN IRRIGATION DESIGN, UPGRADES
Other Staff Training and Formal Education
(Including years of experience)
24
PROPOSED PROJECT WORK SCHEDULES
Proposers are to complete and attach a work schedule showing the vendor's intent for
completing the work described in the project's General Provisions, and Special
Provisions.
* AN ONSITE GARDENER WILL BE ASSIGNED TO WORK EVERY DAY OF THE WEEK.
AN EXTRA CREW WILL ASSIST ON MONDAYS AND FRIDAYS AND AS NEEDED.
* THE PROJECT WILL BE DIVEDED IN PRIORITY AREAS AND FOUR SECTIONS :
- PRIORITY AREAS ARE TO BE KEPT ALWAYS IN PERFECT SHAPE.
- SECTIONS ARE TO BE PRUNED, RAKED AND WEED FREE. ONE SECTION PER WEEK,
SO AT THE END OF EACH MONTH WE WOULD HAVE VISITED ALL SECTIONS.
* WEED CONTROL AND SPRAYING WILL BE PERFORMED ON A WEEKLY BASIS OR AS NEEDED.
* GOPHER CONTROL WILL BE PERFORMED AS NEEDED, DEPENDING ON GOPHER ACTIVITY.
WEEKLY SCHEDULE
MONDAY: Walk the entire project for trash, irrigation and ladscape issues.
Detail PRIORITY AREAS, blow down sidewalks.
TUESDAY: Prune designated SECTION for that week.
WEDNESDAY: Check PRIORITY AREAS, pick up trash and make sure
the landscape is acceptable. Now down sidewalks.
THURSDAY: Complete pruning designated SECTION, level out trees,
Rake out DG.
FRIDAY: Walk the entire project for trash, irrigation and landscape issues.
Detail PRIORITY AREAS, Blow down sidewalks.
25
LIST OF SUBCONTRACTORS
SUBCONTRACTORS:
Pursuant to California Public Contracting Code, Section 4100 et Seq., the following list
gives the name, business address, the DIR Public Works Contractor Registration
number, portion of work (description of work to be done) for each subcontractor that
will be used in the work if the bidder is awarded the Contract, (Additional supporting
data may be attached to this page. Each page shall be sequentially numbered, and
headed "Proposed Contractors" and shall be signed.) The Bidder shall list all
subcontractors who will perform work or labor or render service to the prime contractor
in excess of one-half of one percent of the prime's bid. Notwithstanding the foregoing, if
the work involves the construction of streets and highways, then the Bidder shall list
each subcontractor who will perform work or labor or render service to the Bidder in
or about the work in an amount in excess of one-half of one percent or $10,000,
whichever is greater. Failure to include the subcontractor's DIR registration
number may result in the bid being rejected as non-responsive.
Subcontractor's Name: -
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
Subcontractor's Name: N/�
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
Subcontractor's Name: N1A
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
26
NON-COLLUSION DECLARATION
To Be Executed by Proposer(s) and Submitted with Proposal
The undersigned declares:
I am the OWNER of HORIZON PROFESSIONAL LANDSCAf
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on
FEBRUARY 26 , 20 18, at PALM DESERT , CALIFORNIA
City State
CONTRACTOR
By: /1--riel, -
Signature
Title: OWNER
27
PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and
subcontractors that wish to bid on. be listed in a bid proposal or enter into a contract to
perform public work must be registered with the Department of Industrial Relations.
See http://www.dir.ca.qov/Public-Works.html for additional information.
No bid will be accepted nor any contract entered into without proof of the Contractor's
and Subcontractor's current registration with the Department of Industrial Relations to
perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the
Department of Industrial Relations.
NAME OF BIDDER: HORIZON PROFESSIONAL LANDSCAPE
DIR REGISTRATION NUMBER: 1000005482
DIR REGISTRATION NUMBER EXPIRATION DATE: 6/30/2018
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
horizon4900@msn.com
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the
project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and
1771.1 in its contract with any and all subcontractors and ensure that all
subcontractors are registered at the time of the bid opening and maintain
registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements
may result in the bid being deemed non-responsive.
4. Within five days of award, Contractor will provide to the City all Labor
Classifications that will be employed during the project, sorted by
Contractor or subcontractor.
Name of Firm: HORIZON PROFESSIONAL LANDSCAPE
Signature: kr."r« C
Printed Name: RAFAEL MENDOZA
Title: OWNER Dated: 2/26/2018
28
PROPOSAL AFFIRMATION
With regard to the information provided hereinabove, I affirm that:
• All information provided is true and correct to the best of my knowledge, and;
• I understand that a materially false statement willfully or fraudulently made in
connection with this Proposal may. result in the termination of any contract between
the City of Palm Desert and HORIZON PROFESSIONAL LANDSCAPE
and as a further result, the aforesaid firm may be barred from participation in future
City contracts as well as be subject to possible criminal prosecution, and;
• I have legal authority to bind THIS CONTRACT
to the terms of this affirmation.
FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED
Xu: C% f-4 y. ( _ 2/26/2018
Signatdre Date
RAFAEL MENDOZA
Printed Name
OWNER
Title
HORIZON PROFESSIONAL LANDSCAPE
Company Name
29
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09/30/2019 www cslb ca.gov
Contract No. 36580
LANDSCAPE MAINTENANCE AREA NO. 6
PROJECT NO. 906-19
CONTRACT NO. C36580
AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of May 2018, by and
between City of Palm Desert, California; hereafter called "City," and Horizon Professional
Landscape hereinafter called "Contractor."
WITNESSETH
RECITALS:
Contractor has submitted to City its Contractor's Proposal for the construction of City
Project,
1. LANDSCAPE MAINTENANCE AREA NO. 6, PROJECT NO. 906-19; CONTRACT
NO. C36580, in strict accordance with the Contract Documents identified below,
and City has accepted said Proposal.
2 Contractor states that it has re-examined its Contractor's Proposal and found it to be
correct, has ascertained that its Subcontractors are properly licensed and possess
the requisite skill and forces, has examined the site and Contract in accordance
with the Contract Documents for the money set forth in its Proposal to be paid as
provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: Agreement; Notice
Inviting Proposals; Instruction to Proposers; Cost Proposal; Additional Work Pricing
Schedule;Work Experience and Technical Ability of the Proposer; Proposed Facilities,
Equipment & Staffing Schedule; Proposed Work Schedules; List of Subcontractors;
Noncollusion Declaration; Public Works Contractor DIR Registration Certification;
Performance Bond; Payment Bond; General Specifications; Special Provisions;
Standard Specifications as modified in other portions of the Contract Documents; any
Change Orders issued; any additional or supplemental specifications, notices,
instructions, and drawings issued in accordance with the provisions of the Contract
Documents; Determination of Prevailing Wage Rates for Public Works; and Addenda
No.(s) 0 . All of said Documents presently in existence are by this reference
incorporated herein as if here set forth in full and upon the proper issuance of their
documents they shall likewise be deemed incorporated.
2. For furnishing services, as specified in this Agreement, CITY will pay and
CONTRACTOR shall receive in full compensation, therefore the total sum of EightY-
Six Four Hundred dollars ($86,400) as billed on and as set forth in the Contract
Documents and adopted by the CITY.
Contract No. 36580
3. The term of this Agreement shall be from July 1, 2018, through June 30, 2019, or to
such later date as may be agreed in writing between the parties. This contract allows
for an option of four, one-year contract extensions at the City's option and based on
Contractor's performance and mutual agreement.
4. Contractor agrees to indemnify, defend and save City and its officers, agents and
employees, and the Engineer harmless from:
a Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims which
arise from or are connected with the negligent performance of or failure to
perform the work or other obligations of this Agreement, or which are caused
or which are claimed to be caused by the negligent or intentional acts or
omissions of Contractor, its subcontractors, its agents or employees, and,
all expenses of investigating and defending against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person, firm
or corporation furnishing or supplying work, services, materials or supplies
in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are made
part of this Agreement as set forth in Agreement paragraph 1, above.
d Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm Desert"
in place of "Agency." Liquidated damages shall be$250.00 per incident, per
day.
5. Should any litigation or arbitration be commenced between the parties concerning the
works of improvements as referenced herein, the prevailing party in any such
litigation, being the City or the Contractor, should be entitled to a reasonable sum
for attorney's fees incurred in any such litigation relating to this Contract.
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
7. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by City, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor
under this prime contract for satisfactory performance of its contract no later than 10
days from the receipt of each payment the prime Contractor receives from City of Palm
Desert. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the City of Palm
Desert.
Contract No. 36580
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the
City of Palm Desert.
8. Provisions Required by Law and Contractor Compliance. Each and every provision
of law required to be included in these Contract Documents shall be deemed to be
included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal state and local laws, rules and regulations,
including but not limited to the provisions of the California Labor Code and the
California Public Contract Code.
9. Execution of the Agreement by the parties constitutes their agreement to abide by
all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of the work of this
contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be executed
by their duly authorized officials, this Agreement which shall be deemed an original on the
date first above written.
CONTRACTOR:
BY: ATTEST BY:
(Signature to be notarized)
TITLE: TITLE:
CITY:
BY: ATTEST BY:
TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
TIMOTHY R. JONASSON, P.E. ROBERT W. HARGREAVES
INDEPENDENT INTERIM DIRECTOR OF CITY ATTORNEY
PUBLIC WORKS
Contract No. 36580
CONTRACTOR 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, , 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 of Notary Public
Contract No. 36580
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to Horizon Landscape Professional hereinafter designated as the
"Principal", a contract for:
LANDSCAPE MAINTENANCE AREA NO. 6
PROJECT NO. 906-19
CONTRACT NO. C36580
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the Principal,
and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
Eighty Six Four Hundred Dollars ($ 86,400), being 100% of the contract amount
in lawful money of the United States of America for the payment of which sum well and
truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and
successors, 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 (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
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 the City, during
which time if the 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 a defective materials or faulty workmanship. The obligations of Surety
hereunder shall continue so long as any obligation of the Contractor remains. Nothing
herein shall limit the City's rights or the Contractor or Surety's obligations under the
Contract No. 36580
Contract, law or equity, including, but not limited to, California Code of Civil Procedure
Section 337.15.
Whenever the 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:
a. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
b. 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 the 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.
c. Permit the City to complete the Project in any manner consistent with California
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 the 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 obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
Contract No. 36580
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named on this day of , 20
(Corporate Seal) Contractor/Principal
By:
Title:
(Corporate Seal) Surety
By:
Attorney-in-Fact
Signatures of those signing for the Contractor/Principal must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title:
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(The above must be filled in by corporate surety)
Signatures of those signing for the Contractor/Principal and Surety must be notarized and
evidence of corporate authority attached. A copy of the Power-of-Attorney to local representatives
of the bonding company must be attached hereto.
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended).
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
Surety Agent or Representative for service of process in
y California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
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. 36580
SURETY ACKNOWLEDGEMENT
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 before me,
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
Contract No. 36580
PRINCIPAL ACKNOWLEDGEMENT
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 before me,
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
Contract No. 36580
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to Horizon Professional Landscape (hereinafter designated
as the "CONTRACTOR/PRINCIPAL"), an agreement dated
described as follows: (LANDSCAPE MAINTENANCE AREA NO. 6, Protect Number
906-19, Contract No. C36580) (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with
said Contract, and pursuant to Section 9100 of the California Civil Code;
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
undersigned CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of , and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of the
California Civil Code, in the sum of Eighty Six Four Hundred Dollars ($86,400),
said sum being not less than one hundred percent (100%) of the total amount payable by
the said City under the terms of the said Contract, for which payment 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 said CONTRACTOR,
his or its subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon,
for or about the performance of the Public Work contracted to be done, for any work or
labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or
labor, 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 said CONTRACTOR and his or its Subcontractors pursuant to Revenue
and Taxation Code Section 18663 with respect to such work and labor the Surety or
Contract No. 36580
Sureties hereon 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 the City in such suit, including reasonable attorney's fees, court costs, expert witness
fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 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 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 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 the City and the original contractor or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
the claimant is a person described in the Civil Code Section 9100, 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, including but not
limited to the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20 .
PRINCIPAVCONTRACTOR: SURETY:
(Typed Name of Principal/Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Signature to be Notarized) (Signature to be Notarized)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
Contract No. 36580
The total amount of premium charged: $
(The above must be filled in by corporate surety)
IMPORTANT: Surety companies executing bonds must possess a certificate of authority
from the California Insurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California Insurance Code, and if the work or project is
financed, in whole or in part, with federal, grant or loan funds, it must also appear on the
Treasury Department's most current list (Circular 570 as amended).
Signatures of those signing for the Principal/Contractor and Surety must be notarized and
evidence of corporate authority attached. A copy of the Power-of-Attorney to local
representatives of the bonding company must be attached hereto
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
Agent or Representative for service of
Surety process in California if different than
Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
Contract No. 36580
SURETY 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.
)
County of )
On before me,
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
Contract No. 36580
PRINCIPAL 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 before me,
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