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HomeMy WebLinkAboutC36600 - LMA 17 - 917-19 Contract No. 36600 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: May 10, 2018 PREPARED BY: Randy Chavez landscape Supervisor REQUEST: Award Contract No. C36600 for Landscape Maintenance Area No. 17 to Excel Landscape, Inc., of Corona, California, in the amount of $291,000, plus repair work and services for an amount not to exceed 20 percent of the contract, or$58,200 (Project No. 917-19). Recommendation By Minute Motion: 1. Award Contract No. C36600 for Landscape Maintenance Area No. 17 to Excel Landscape, Inc., of Corona, California, in the amount of$291,000; 2. Authorize extra repair work and services in an amount not to exceed 20 percent of the contract, or $58,200; and 3. Authorize the Mayor to execute the contract. Funds are available in General Fund Account No. 1104610-4332001, R/M Civic Center Park; 1 1 0461 0-43371 00, Tri-Cities Sports Facility; and 1 1 0461 1-4332001, R/M Parks. 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 17 (LMA 17) is one of the three, high frequency, service- based maintenance areas in the City. It consists of Civic Center Park, Tri-Cities Sports Fields, and Magnesia Falls Park. These areas are host to a wide range of special events and activities, so they must be in peak condition at all times. May 10, 2018 - Staff Report Award Contract No. C36600 to Excel Landscape, Inc. Page 2 of 3 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 that subsequently defaulted. 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. To meet the continuous high demand of this particular maintenance area, staff has updated and increased frequency of specific tasks in the specifications. This included irrigation checks, mowing, weed abatement, and power washing park furnishings and playgrounds to ensure safe and clean facilities. The current contract for Landscape Maintenance Area 17 is set to expire on June 30, 2018; therefore, a Notice Inviting Proposals was advertised, and on February 28, 2018, staff received proposals from six 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 Avq. Score Excel Landscape, Inc. Corona, CA $291,000.00 84.3 Kirkpatrick Landscaping Svcs. Indio, CA $238,740.00 82.67 Inland Empire Landscape Inc. San Bernardino, CA $250,800.00 82.33 Mariposa Landscapes, Inc. Irwindale, CA $286,932.00 82 Urban Habitat Environmental Indio, CA $251,563.68 77.7 Conserve Landcare Thousand Palms, CA $319,200.00 72.3 The selection criteria included not only the aforementioned factors, but also the thoroughness of the proposal; the practicality of their 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 Excel Landscape, Inc. The contract is for a term of one year with an option of four, one-year extensions. Excel is the current contractor for Landscape Maintenance Area 17 and has performed to City standards. 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. May 10, 2018 - Staff Report Award Contract No. C36600 to Excel Landscape, Inc. Page 3 of 3 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 N/A �r' Robert W. Hargreav T mothy R Jona son, P.E. Moore Lauri Aylaian City Attorney Independent I rim Director of Finance City Manager Director of Public Works CONTRACTOR: Excel Landscape Inc. 710 Rimpau Avenue, Suite 108 Corona, California 92879 ATTACHMENTS: Agreement Performance & Payment Bond Contractor's Proposal Contract No. C36600 LANDSCAPE MAINTENANCE AREA NO. 17 PROJECT NO. 917-19 CONTRACT NO. C36600 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 Excel Landscape, Inc., hereinafter called "Contractor." WITNESS ETH RECITALS: Contractor has submitted to City its Contractor's Proposal for the construction of City Project, 1. LANDSCAPE MAINTENANCE AREA NO. 17, PROJECT NO. 917-19; CONTRACT NO. C36600, 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) 2 . 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 Two Hundred Ninety-One Thousand dollars ($291,000) as billed on and as set forth in the Contract Documents and adopted by the CITY. Contract No. C36600 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. C36600 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: Mayor 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. C36600 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. C36600 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Excel Landscape, Inc. hereinafter designated as the "Principal", a contract for: LANDSCAPE MAINTENANCE AREA NO. 17 PROJECT NO. 917-19 CONTRACT NO. C36600 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 Two Hundred Ninety-One Thousand Dollars ($ 291,000 ), 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. C36600 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. C36600 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. C36600 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. C36600 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. C36600 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to Excel Landscape, Inc. (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated described as follows: (LANDSCAPE MAINTENANCE AREA NO. 17, Proiect Number 917-19, Contract No. C36600) (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 Two Hundred Ninety-One Thousand Dollars ($291,000), 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. C36600 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 PRINCIPAUCONTRACTOR: 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. C36600 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. C36600 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. C36600 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 LANDSCAPE MAINTENANCE AREA NO. 17 PROJECT NO. 917-19 CONTRACT NO. C36600 PROPOSAL SUBMISSION FORMS COST PROPOSAL TO: CITY OF PALM DESERT, "CITY" DATE: February 28, 2018 PROPOSER: Excel Landscape Inc. "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) 1 & 2 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) 1 Aquatic Center $ 1.400.00 $16,800.00 2 Civic Center Park $11,300.00 $135,600.00** 3 City Hall $1,600.00 $19,200.00 4 Sheriff's Annex Secure Parking Lot $100.00 $1,200.00 5 Legends Ball Fields $7,140.00 $85,680.00*i **Note: We will offer a $24,000.00 annual discount off the total price if you are willing to change the specifications to "No bagging and allow the use of mulching mowers". 11 6 Magnesia Falls City Park $ 900.00 $10.800.00 7 Magnesia Falls Shared Park $ 100.00 $1,200.00 8 Park View Office Complex $ 910.00 $10,920.00 9 San Pablo Median $ 300.00 $3,600.00 10 San Pascual Planter $ 500.00 $6.000.00 TOTAL BASE BID PRICE $24,250.00 $291,000.00 TOTAL AMOUNT BASE PROPOSAL IN FIGURES $291,000.00 TOTAL AMOUNT BASE PROPOSAL IN WORDS Two Hundred Ninty one Thousand No/100 IN WITNESS WHEREOF CONTRACT executed this Proposal as of date set forth: By: ignature Title: President /C?5 JL.F4A'�O CONTRACTOR �x..� (1 illl(l) -- F) 13 (piL 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 V-\\P-'6\(Lk) ) On ) 7l� , 20 I, befog me, 1(�1 i / V-( >, 1V0 fi(l /t ATI j l.0 personally ppe red I�;Y� -k�-4?1Y --_ .__ --.---.-.- ------ who proved to me On the basis of satisfactory evidence to be the person($whose name is/ subscribed to the within instrument and acknowledged to .fne that he/spy xecuted the same in his/I�r/t eir authorized capacity(ii s), and that by hislh r/th r signatures on the instdum nt the person( , or the entity upon behalf of which the pers)5)7acted, 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. :` , DIAA:� - d comm.#21669S 8 4 E4 I i fNryp -CaMmnia . MyCo mss reOU07 2020 Signature of Not ry ublic 13 LANDSCAPE MAINTENANCE AREA NO. 17 PROJECT NO. 917-19 CONTRACT NO. C36600 ADDITIONAL WORK PRICING SCHEDULE LABOR Additional Laborer $ 30.00 per hour Additional Irrigator $ 55.00 per hour Additional Foreman $75.0o 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 $ m0.00 5-Gallon Shrub Installed $ 25.00 15-Gallon Tree Installed* $ 1oo.00 24"-Box Tree Installed* $ 275.00 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 $ io.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. 17 PROJECT NO. 917-19 CONTRACT NO. C36600 WORK EXPERIENCE AND TECHNICAL ABILITY OF THE PROPOSER ATTACH ADDITIONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONSES 1. COMPANY NAME: Excel Landscape Inc. TYPE: • Sole proprietor • Partnership • Corporation x 2. COMPANY ADDRESS/PHONE NUMBER: MAIN OFFICE: 1191 Magnolia Ave. Ste. D400. Corona CA 92879 LOCAL OFFICE: 41220 Adams Ave. Bermuda Dunes, Ca 92203 EMERGENCY CONTACT PERSON: Name: Jason Alfaro Phone: 909-208-9269 3. CONTRACTOR LICENSE INFORMATION: • LICENSE NUMBER/CLASSIFICATION/NAME STYLE: C-27 694553 • NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME STYLE: 43 • LICENSE EXPIRATION DATE: 8/3108 • CURRENT LICENSE STATUS: Active 15 • PRIOR ACTIONS AGAINST THIS LICENSE? None IF YES, LIST CITATION TYPE AND HOW RESOLVED: 4. COMPANY'S FEDERAL IDENTIFICATION NO.: 33-0617953 5. NAME AND TITLE OF COMPANY OFFICERS: Jose Alfaro. President Josie Alfaro. Sec/Tres 6. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES: 43 7. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES FOR PUBLIC AGENCIES: 43 8. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES IN THE COACHELLA VALLEY: 9 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: 75 • PERCENTAGE OF TOTAL CONTRACTS WITH PUBLIC AGENCIES: 38 • PERCENTAGE OF TOTAL CONTRACTS IN THE COACHELLA VALLEY: 4 • PERCENTAGE OF TOTAL PUBLIC AGENCY CONTRACTS IN THE COACHELLA VALLEY: ioo • TOTAL DOLLAR VALUE OF LANDSCAPE MAINTENANCE CONTRACTS: Proprietary. see enclosed envelope • PUBLIC AGENCY PERCENTAGE OF TOTAL MAINTENANCE CONTRACT VALUE (Based on dollar value): 96 • NUMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANCE OPERATIONS (Total company-wide) 16 Title Number Average Compensation* Unit Supervisor 11 $4334.00 Per Mo Irrigation Technician 20 $19.90 Per Hour Foremen 5 $22.60 _ Per Hour Laborer 224 $15.12 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: 86 • TYPE: Utility Body Trucks NUMBER: 20 • TYPE: Flat Bed Trucks NUMBER: 12 • TYPE: Manager/Supervisor NUMBER: 22 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: POWER EQUIPMENT MOWERS — Rotary (Large Area) • TYPE: ExMark 72" Riding NUMBER: 38 • TYPE: ExMark 60" Riding NUMBER: 6 • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Rotary (Small Area) • TYPE: 21" Walk behind NUMBER: 47 • TYPE: 36" Walk behind NUMBER: 58 • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Reel (Large Area) • TYPE: John Deere 5- Gang NUMBER: 1 • TYPE: John Deere 3 - Ganq NUMBER: 8 • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Reel (Small Area) • TYPE: Tru cut 21" NUMBER: 8 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Other • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: 17 TURF SWEEPERS and VACUUMS • TYPE: Turf Vac NUMBER: 5 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: AERATORS • TYPE: Ryan Tracaire 72" NUMBER: 2 • TYPE: Ryan Tracaire 60" NUMBER: 6 • TYPE: Ryan Tracaire 48" NUMBER: 4 • TYPE: Ryan Tracaire Walk Behind NUMBER: 9 SEEDERS Aeravator 60" 2 • TYPE: Mataway overseeder NUMBER: 2 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: SPRAYERS • TYPE: Lesco 100 gallon NUMBER: 2 • TYPE: 1 esco 50 gallon NUMBER: 5 • TYPE: Electric 25 gallon NUMBER: 3 • TYPE: NUMBER: TRACTORS • TYPE: Kabota NUMBER: 7 • TYPE: Hnllanri NUMBER: 2 • TYPE: Rnhr:at NUMBER: 4 • TYPE: NUMBER: UTILITY VEHICLES • TYPE: John Deere Gator NUMBER: 6 • TYPE: Ez_Go NUMBER: 14 • TYPE: Cushman NUMBER: 7 • TYPE: NUMBER: NON-POWER EQUIPMENT TRAILERS • TYPE: Utility NUMBER: 62 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: OTHER • TYPE: Pto Power Rake NUMBER: 4 • TYPE: M;llcreek Top Dresser NUMBER: 4 • TYPE: Wire I ncatnr NUMBER: 4 • TYPE: Rain Master Remote NUMBER: 58 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 , See enclosed envelope Landscape Maintenance 9/1994-Present City of Murrieta Agency Name (Name&Number) One Town Square Address Contract Location Murrieta CA 92562 City/State/Zip 46 Parks 300 Acres+ 951-304-7275 _ Phone 20 Ball Fields 16 Soccer fields 1 Artificial field 600 Acres of Parkways. Contract George Moring Administrator Medians,Sdnpnc and Aran SpaCe II 2 $ See enclosed envelope Landscape Maintenance 7/1997-Present — City of Temecula Agency Name (Name&Number) 41000 Main St Address Contract Location Temecula CA 92590 City/State/Zip 29 Neighborhood Parks 130 Acres 951-694-6444 Phone 8 Sprots Complexes 150 Acres+ Contract 300 Acres of Parkways.Slopes and Medians Stacy Fox Administrator 3 $ See enclosed envelope Landscape Maintenance 7/1990-Present City of Chino Hills Agency Name (Name&Number) 14000 City Center Dr.. Address Contract Location Chino Hills CA 91709 City/State/Zip 27 Neighborhood Parks 909-364-2800 Phone 2 Dog Parks Contract 200Acres.of Stapes.Medians& Parkways Sean.O'Conner . Administrator 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. Palm Desert Service Yard 41220 Adams Ave. Bermuda Dunes, CA 92203 - 800-734-9650 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 See "Equipment for this contract" page No. 33 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 AS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER •l� HAND TOOLS TO COMPLETE CONTRACTUAL WORK. (Please initial) fj( 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 See "Staffing for this contract" page No. 32 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) 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. 23 Landscape and Irrigation Design (List personnel with formal training and certificates and years of experience) 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. 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: "NONE" License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: 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: 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 President of Excel Landscape Inc. the 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 i"A\ /tG' City State CONTRACTOR By: Sig ure ,!► Title: President plosL- /1���/�� 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 Califon ( ) County of ��'ti�\ ) On {P .l)Y1, before me, hnY 164 1, , i\i mvi ruilb , Dat Here e., rt N me*Ind Title of Jt'7e Officer personally appeared \ l)�4'u 1\ Nams of Signer who proved to me on the basis of satisfactory evidence to be the person whose name is/ subscribed to the within instrume and acknowledged to me that he/ /t y executed t same in his/h r/tr authorized capacity ' s), and that b his/h�f/th r signature on e instrument the person(! or t e e tity upon behalf of wh' h the person, acted, a ecuted the i strument. 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 al. DIANA REYES� • .�. . '+� COMM.#2166984E' uVE SID -calfoY v • tgan; ?RIVERSIDE COUNTY w Signature my come Expires oa 07,2020 `--Signs ur of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dqc�� t 1 i)/ ( ,1'//� Title or Type of Document: ��VY\ L V1 U 10 i t " - yfbodGtfient Date: - )-t,Y '�iil Number of ( Si9n Pages: er4�) Other Than Named Above: 9 , Capacity) ) Claimed by Signer_(// - Signer's NNjame: Signer's .• u Corporate Officer — Title(s): ❑ orate Officer — Title(s): El Partner — ❑ Limited El General Partner — El Limited El General Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact E''Trustee 2 Guardian or Co ator El Trustee El Guardian or Conservator Other: El Other: Signer Is Representing: Signer Is Representing: 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.dirca 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: Excel Landscape Inc. DIR REGISTRATION NUMBER: 1000007099 DIR REGISTRATION NUMBER EXPIRATION DATE: June 30, 2018 DIR CERTIFIED PAYROLL EMAIL ADDRESS: delis@excellandscape.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: Excel andscape Inc. ,�✓ Signature: Printed Name: J e Alfaro Title: President Dated: 2/28/18 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 Excel Landscape Inc. , 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 Excel Landscape Inc. to the terms of this affirmation. FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED 2/28n 8 Signature Date Joe Alfarci " 42')/910 Printed Name President Title Excel Landscape Inc. Company Name 29 . el C1 C 3 m O O C •C Q1 I m ` et a C E3 C_ m v W ea • d t C • _ .) 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