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C32160 - Landscape Maintenance Area Number 1
Contract No. C32160 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C32160 FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO VINTAGE ASSOCIATES, INC., FOR AN EIGHTEEN MONTH CONTRACT IN THE AMOUNT OF $237,780, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT, OR $47,556, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 901-12), AND RATIFY THE CITY MANAGER'S APPROVAL FOR EMERGENCY INTERIM SERVICES PROVIDED BY VINTAGE ASSOCIATES, INC. SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Vintage Associates, Inc. 78755 Darby Road Bermuda Dunes, California 92203 DATE: November 15, 2012 CONTENTS: Kirkpatrick Landscaping Services Letter Proposal Agreement Payment Bond Performance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C32160 for Landscape Maintenance Area No. 1 to Vintage Associates, Inc., of Bermuda Dunes, California, for an eighteen (18) month contract in the amount of $237,780; 2. Include extra repair work and services in an amount not to exceed 20 percent of contract amount, or $47,556; 3. Appropriate an additional $34,260 from unobligated General Funds to Account No. 110-4614-453-3370; 4. Ratify the City Manager's approval of emergency interim landscape maintenance service in the amount of $19,815; and 5. Authorize the Mayor to execute the contract. Contract No. C32160 Staff Report Award Landscape Maintenance Area No. 1 Page 2of3 November 15, 2012 Funds are available in the General Fund Account No. 110-4614-453-3370, Repair/Maintenance Medians, and Assessment District Account No. 276-4374-433-3320, Haystack Drainage Channel Background On May 24, 2012, the City Council awarded a two-year contract for Landscape Maintenance Area 1 to TruGreen LandCare (TruGreen). On June 14, 2012, TruGreen notified the City that they had elected to not accept the award of contract implying that they had significantly underbid the work. At that time, Council also approved the use of an interim maintenance service provider, and the City Attorney has pursued TruGreen's bid bond to offset those costs. Staff used this unfortunate event as an opportunity to revise the process of bidding landscape maintenance work from a low bid selection to a service -based selection that evaluates cost as well as other factors. A Notice Inviting Requests for Proposals was advertised and on September 17, 2012, proposals were received from the following companies: Contractor Main Location Proposal Amount* Kirkpatrick Landscape Services Indio, CA $187,000 Pinnacle Landscape Santa Ana, CA $218,060 Mariposa Landscapes, Inc. Irwindale, CA $230,840 Excel Landscape, Inc. Corona, CA $260,920 Vintage Associates, Inc. Bermuda Dunes, CA $264,200 Hort Tech, Inc. Bermuda Dunes, CA $338,000 (*Based on the original 20-month contract) A proposal review committee made up of staff then met and numerically ranked the proposals. The selection criteria was comprised of experience and history; qualified manpower, equipment and other resources; completeness, clarity, and practicality of the proposed work schedule; base landscape maintenance cost; cost for additional work; completeness, thoroughness, clarity, and neatness of the proposal; and credit was given if the proposer's main office of operations was located in the Coachella Valley. Based on this thorough review, the selection committee recommends awarding the contract to Kirkpatrick Landscape Services, Inc. The FY 2012-13 budget for this LMA was prepared based on the previous contract amount, which was based on a low bid selection process. The current service -based selection process has resulted in a more realistic amount needed to perform the required work. Therefore, staff is requesting an appropriation of funds to cover the balance of FY 2012-13 (six months from January 1, 2013, through June 30, 2013) and will address the additional cost in the FY 2013-14 budget. On September 27, 2012, Council awarded the contract for landscape maintenance services for LMA 1 to Kirkpatrick Landscape Services. On October 19, 2012, Kirkpatrick verbally notified staff that they were unable to obtain bonding for this contract and would not be able to execute the agreement. A follow up letter was received on October 25, 2012. Therefore, Contract No. C32160 Staff Report Award Landscape Maintenance Area No. 1 Page 3 of 3 November 15, 2012 staff is recommending the award of this contract to Vintage Associates, Inc., who was the next highest ranked proposer. Vintage has successfully worked for the City in the past and they are presently the landscape maintenance vendor for LMAs 16 and 18. Their staff is very experienced and formally trained in all facets of landscape maintenance, particularly as related to desert landscaping. They also have extensive and well maintained equipment resources. Consequently, the cost of their services is $3,860 more than Kirkpatrick's. In addition, a review of the proposals indicated that Vintage has allocated more manpower to the contract than Kirkpatrick. HortTech, Inc., the interim maintenance provider for LMA 1, was unable to continuing providing service until January 1, 2013. When Vintage became aware of this fact, they offered to provide emergency interim service in order to keep the maintenance of the City's landscape current. The City Manager approved the interim service at Vintage's proposed cost of $13,210 per month for the period November 15, 2012, through December 31, 2012, for a total of $19,815. Extra repair work and services covers unquantifiable activities necessary for landscape maintenance, which are not part of the landscape maintenance contract. This repair work and services 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 This is an on -going maintenance activity with no fiscal impact beyond the contract and extra repair work amounts. / I / By:I Il ® Dep"ept�pead: en r Kr1 ht, LarMscape Manager Mark Gr+nivood, P.E. \ Director of Plublie Works\ CITY COUNCIL ON APPROVED DENM ul S. Gibson, Director of Finance RECEIVED OTHER AYES: " lrai�/,� NOES: ABSENT: ......._._._ M. Wohlmuth, City Manager ABSTAIN: A- ..,.� VERIFIED BY: LW 4Z Original on File with City &rles Office Kirk atdck P�1-1 RECEIVED LANDSCAPING SERVICES, INC, OCT 2 5 2012 The City of Palm Desert Spencer Knight, Public Works 73-5 10 Fred Waring Drive Palm Desert, CA 92260 Dear Spencer. We regret to inform the City we have not successfully secured bonding for area 41. We have been notified by the surety (in the eleventh hour) that twenty fiVC thousand cash collateral shall be required to provide the bonds. From a fiduciary perspective it would not be prudent to commit this amount of capital. Onee again we regret this turn of events. Thank you for engaging our services for Area 17 (Civic and Aquatic Centers) these past 4 months. We highly value Our relationship with you and welcome any opportunity to provide Our landscape services to the City of Palm Desert now and in the future. Sincerely, Steven Kirkpatrick. President Kirkpatrick Landscaping Services. Inc. �4 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1. 2012-2014 PROJECT NO.001-12, CONTRACT NO. C32160 CONTRACTOR'S PROPOSAL SUBMISSION FORMS COST PROPOSAL TO: CITY OF PALM DESERT, -CITY" DATE: 9/14/12 PROPOSER: Vintage Associates, Inc.-CONTRACTQR- The undetsigned declares that he/she has carefully examined the Terns and Conditions, the General Terms and Conditions, the SpeoMr, Terms and Conditions, and the Attachments accompanying the Notice inviting Proposal; and Addendurns No.(s) 1 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 specHicallons. The costs of any work shown or required in the Specifications, but not specifically identified as a Corrfract Pay }tern are included in the ' Contract Pay Items, and no additional compensation shall be due Contractor by virtue of Contractors compliance with the Speafiications. For each Nam. the averaged one -month maintenance cost shaft be indicated and the total of these costs shall be extended for the term of the contract. This contract will begin November 1, 2012, ending June 30, 2014, with an option for two one-year extensions at the City's option and based on Contractor's performance. Proposer must provide costs for aff items below. iTGM DESCRIPTION - PRICE TOTAL (tllf01�T1~#L�'i(j 'CON M_ CT PRICE 1. Highway 114 Medians and Parkway $ $ 4,550 91,000 2. Palm Desert Community Center at $ $ 45480 Portola Avenue 800 16,000 3. Pakrn Desert Hisbarical Fire Station at $ T, 72861 El Paseo 300 6,000 4. Highway 74 Medians and Parkway $ $ 800 16,000 5. Charger Sculpture on Hwy 74 between $ $ El- Paseo and Hi hwa 111 250 5,000 8. Portaia Avenue Median between $ $ Chico and Fafrwa Drive 250 5,000 C32160 SECrrON 1. CONTRACT -DOCUMENTS Area 1 - Sept12.max Page 10 ( 7. Former Palm Desert Police Substation on $ $ northwest comer of Highway 111 and 450 9,000 Monterey Avenue/Hwy 74 8. Mesa View Fire Station, Mesa View ©rive $ $ west of Portola Avenue 800 16,000 9. Smoketree Natural Area 400 8,000 10. Haystack Drainage Channel $ $ 2,900 ' 58,000 11. Santa Rosa and San Jacinto National $ $ Monument 1,710 34 200 , L TOTAL BASE PROPOSAL I $ 13,210 $ 264,200 TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ 264,200 TOTAL AMOUNT BASE PROPOSAL IN WORDS Two hundred sixty four thousand two hundred dollars IN WITNESS WHEREOF CONTRACTOR executed this Proposal as of mate set forth: By:� Signature Title: Vintage Associates, Inc. CONTRACTOR State of Califomia ) tY Coun of Subscribed and swo) to (o r ffirmed) before r,0e on this day of3zj�Lmq (month) , (year), by (;� . proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary (Seal of Not EOMM. *1967218 �$ WOTTARY PUBLIC . CALIFORMAS RIVERSIDE COUNTY Comhisaian FE818, 2016 C321-60 SECTION 1, CONTRACT DOCUMENTS Page 11 Area 1 - Sept12.max LANDSCAPE MAINTENANCE AREA NO. 1. 2012-2014 'PROJECT NO.901-12, CONTRACT NO. C32160 CONTRACTOR'S PROPOSAL SUBMISSION FORMS ADDITIONAL WORK PRICING SCHEDULE LABOR Additional Laborer $ 22.00 per hour Additional Irrigator $ 2§Q0 per hour Additional Foreman $ 30.00 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 5-Gallon Shrub Installed 15-Gallon Tree Installed* 24"-Box Tree Installed` $ 9.00 $ 26.00 $ 94.00 $ 325.00 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), and securing with cinch ties TURF MAINTENANCE Mowing: Labor & Equipment $ 2.00 per 1,000 sq fit IRRIGATION SYSTEM REPAIR Irrigation repairs will be paid at the hourly rate indicated above and with a 15% mark -tip on materials. C32160 SECTION 1, CONTRACT DOCUMENTS Page 12 Area 1 - Sept12.max CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO, 1, 2012-2014 PROJECT NO.901-12, CONTRACT NO. C32160 CONTRACTOR'S PROPOSAL. SUBMISSION FORMS WORK EXPERIENCE AND TECHNICAL ABILITY OF THE PROPOSER(S) ATTACH ADDITIONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONSES 1. COMPANY NAME: Vintage Associates, Inc. TYPE: �. Sale proprietor Partnership • Corporation x 2. COMPANY ADDRESS/PHONE NUMBER: MAIN OFFICE: LOCAL OFFICE: same as above 'EMERGENCY CONTACT PERSON: Name: Alan Hollinger Phone: 760/772-3673 and 760/275-6225 3. CONTRACTOR LICENSE INFORMATION: ® LICENSE NUMBER/CLASSIFICATION/NAME STYLE: A C27 647984 NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME STYLE: 20 nears LICENSE EXPIRATION DATE: 6/30/2014 C32160 SECTION 1, CONTRACT DOCUMENTS Page 13 Area 1 - Sept12.max CURRENT LICENSE STATUS: active PRIOR ACTIONS AGAINST THIS LICENSE? no IF YES, LIST CITATION TYPE AND HOW RESOLVED: 4, COMPANY'S FEDERAL IDENTIFICATION NO.: 33-0499024 5. NAME AND TITLE OF COMPANY OFFICERS: GregoryA. _Gritterst President Duane Young, Vice President Dar& Yo.u.ng.,.Vice President Gregston Young, Vice President 6. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES: 20 years 7. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES FOR PUBLIC AGENCIES: 9 8. NUMBER OF 'YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES IN THE COACHELLA VALLEY: 20 years 9. CURRENT LANDSCAPE MAINTENANCE OPERATIONS THE CITY RECOGNIZES THAT THE INFORMATION PROVIDED BY ANSWERING THIS QUESTION (QUESTION 8.) IS PROPRIETARY IN NATCIRE, 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. m TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 88 PERCENTAGE OF TOTAL CONTRACTS WITH PUBLIC AGENCIES: 6 - _- PERCENTAGE: OF TOTAL CONTRACTS IN THE COACHELLA VALLEY: 190% PERCENTAGE .OF TOTAL PUBLIC AGENCY CONTRACTS IN THE COACHELLA VALLEY: 100% e TOTAL DOLLAR VALUE OF LANDSCAPE MAINTENANCE CONTRACTS: $9,864,000.00 a PUBLIC AGENCY PERCENTAGE OF TOTAL MAINTENANCE CONTRACT VALUE (Based on dollar value). 15% C$2160 SECTION 1, CONTRACT DOCUMENTS Page 14 Area 1 - Septl2.max NUMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANCE OPERATIONS (Total company --wide} Title N_&ffiEer Average: -C onipensation* Unit upervisor 9 $7,500 Per Mo I rrigatTo—n -Tech n1cl an 30--___ $20 Per Hour Foremen 30 Per Haur —Hour LaForer 125 Per *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 0 TYPE: Pick-up Trucks NUMBER. 50 e TYPE: Utility Body Trucks NUMBER: 12 0 TYPE: Flat Bed Trucks NUMBER: a TYPE: Durnl? trucks NUMBER: 11 & TYPE., Aereal Lifts NUMBER: 4 a TYPE: Cargo NUMBER: 1 0 TYPE: Van NUMBER: 2 > POWER EQUIPMENT MOWERS — Rotary (Large Area) • TYPE: Exmark 50" NUMBER: 4 • TYPE: Exrnark 48" NUMBER:- 12 • TYPE: Ex ark 42." NUMBER: 10 *. TYPE: NUMBER: MOWERS — Rotary (Small Area) • TYPE: 21 NUMBER: 43 • TYPE: - 261, NUMBER: 15 • TYPE: Sarlo NUMBER: 12 • TYPE: NUMBER: MOWERS — Reel (Large Area) 0 TYPE: Jacobsen 3800 NUMBER: 2 • TYPE: Jabobsen 3810 NUMBER: 13 • TYPE: Tri King NUMBER: 3 TYPE: NUMBER: MOWERS — M**"Small Area) Reel • TYPE- Iru-cut NUMBER: 5 • TYPE: Greens NUMBER: 2 • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Other 7 • TYPE: 48" - Flail NUMBER. • TYPE. j;,ri8j0\ject*c,,t NUMBER: 3 • TYPE: NUMBER: • TYPE: NUMBER: C32160 SECTION 1, CONTRACT -DOCUMENTS Page 15 Area 1 - Sept12.max TURF SWEEPERS and VACUUMS • TYPE: Olathe • TYPE: Smithco • TYPE:Walk behind • TYPE: NUMBER: 3 NUMBER: 2 NUMBER: 3 NUMBER: AERATORS 2 • TYPE: Walk behind NUMBER: • TYPE: 6hatter I ine 48" NUMBER: 1 • TYPE: as Core 60" NUMBER: 1 • TYPE; NUMBER. SEEDERS • TYPE: Lely NUMBER: 2 • TYPE: NUMBER: • TYPE: Walk Behind NUMBER: 18 • TYPE: NUMBER: SPRAYERS • TYPE: 225 gal custom self prgpe lie NUMBER: 4 • TYPE:, 50 gallon NUMBER: 9 • TYPE: NUMBER: • TYPE: NUMBER: TRACTORS • TYPE: Skid steer NUMBER: 3 • TYPE: Frontloader NUMBER- 1 • TYPE: BacKhoe NUMBER: 1 • TYPE: Turf NUMBER: 1- UTILITY VEHICLES • TYPE- Sweeper NUMBER-. 1 • TYPE: carts NUMBER. 70 • TYPE, NUMBER: • TYPE: --- Chipper NUMBER: 5 > NON -POWER EQUIPMENT TRAILERS • TYPE- 12-16' • TYPE: heavydilty • TYPE: • TYPE: OTHER • TYPE: • TYPE. • TYPE: • TYPE: C-32160 SECTION 1, CONTRACT DOCUMENTS NUMBER: 37 NUMBER: 2 NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: 'Page 16 Area 1 - Sept12.max 2 3 10. REFERENCES LIST AT LEAST THRE (' REFERENCES (OTHER THAN THE CITY OF PALM DESERT) 1=t3R P LIC AGENCY LANDSCAPE MAINTENANCE CONTRACTS — CURR OR SUCCESSFULLY COMPLETED WITHIN THE LAST FIVE (6) YEARS. ATTACH ADDITIONAL SHEETS IF NEE€)ED. REFERENCES Contract Name, Annual Contract Number & Length of Public Agency rri TTvur u. Locaton Contact Park LMS 2009-20 1 yr w/ 4 -1 yr ext City of La Quinta Agency Name (Name & Number) since May 2005 78495 Calle Tampico Address Contract Location La Quinta, CA 92247citylstaterzp Civic Center Campus 760/777-7981 Phone La Quinta Parks Sports Complex Library/Museum LMS 2009 specs 1 year w/ 1 yr ext (Name& Number) since July 2006 Contract Location Indian Wells Clubhouse Hwy 111 Parkways Civic Center complex GF 1-17 & 20-23 and various zones LMS 11-05=001-AD1 yr w/ -1 yr t-rt— (Name & Number) Since July 2011 Contract Location Indio and La Quinta Comm Park Steve Howlett Contract Administrator City of Indian Wells Agency Name 44-950 Eldorado DriV%dress Indian Wells, CA 9221&/statemo 760/346-2489 Phone Ryan Bowen Carnract Administrator Desert Recreation Diskj, Name 45-305 Oasis St Address Indio, CA 92201 City�Sta(e2ip 760/347-3484 Phone Indio Hills Park, Thous Palms Comm Park Contract Fawley Pool &Mecca Comm Park Glenn Miller Administrator THE FOLLOWING QUESTIONS WILL BE ASKED OF EACH REFERENCE: • Does the contractor adequately staff in order to meet the contract requirements? a 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? e Is the contractor's staff knowledgeable with project/contract standards? • 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? C32160 SECTION 1, CONTRACT DOCUMENTS Page 17 Area 1 - Sept12.max PROPOSED FACILITIES EQUIPMENT & STAFFING SCHEDULE Facilities: List location/address and telephone phone number of factifty(les) from which work crews and equipment will be dispatched. Our twenty acre facility centrall located at 78755 Darby Road, Bermuda Dunes includes Vintage Nursery, our corporate offices. and our state of the art mechanics shop and storage yards for maintenance, spray and tree care divisions. Most of our vehicles equipment and crews work out of this same facility. 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: Jacobsen 3810 NUMBER: 1 • TYPE: Exmark 42" NUMBER: 1 • TYPE: Walk behind 2l" NUMBER: 1 ® TYPE: NUMBER, TURF SWEEPERS and VACUUMS TYPE: Olathe NUMBER: 1 TYPE: NUMBER: TYPE: NUMBER: TYPE: NUMBER: AERATORS • TYPE: Rapid Core 50" NUMBER: 1 • TYPE: shattg-r T@neA9" NUMBER: 1 • TYPE: Walk hehind NUMBER: 1 • TYPE: NUMBER: SEEDERS & TYPE: Walk behind broadcast NUMBER: 2 4% TYPE: NUMBER.:• TYPE: NUMBER: • TYPE: NUMBER: SPRAYERS TYPE: 225 Self Propelled NUMBER: TYPE: fin c.;n1jon NUMBER:. TYPE: NUMBER. TYPE: NUMBER: C321 60 SECTION 1, CONTRACT DOCUMENTS Page 18 Area 1 - Sept12.max TRACTORS TYPE: Ford/Aerator NUMBER: 1 s TYPE: NUMBER: TYPE: NUMBER: TYPE: NUMBER. UTILITY VEHICLES TYPE: Pick-up NUMBER: 2 m TYPE: TraiiPr NUMBER: 1 s TYPE: - pump Truck NUMBER: 1 TYPE: NUMBER: PROPOSER ACKNOWLEDGES THAT THE COMPANY k4AS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWE HAND TOOLS TO COMPLETE CONTRACTUAL WORK. (Please 'Initial) Stiff. - List the employees, both labor and supervision, to be routinely assigner to execute work tasks specified in this Agreement, General Provisions, and Special Provisions. Be sure to note by title any applicable licenses/certifications. helot 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), Field Supervisor(s), and Project Managers) — include any relevant education, certf ication, licensing information and years of experience for each person listed). Use additional sheets as necessary (S) Protect Manager - Al Hollinger. Operations Manager Certified Arborist C27Contractor's Lic QAL, College of the Desert instructor for horticulture related subjects. (S) Supervisor - Petro Garcia, over 20 years experience working in landscape industry (S) Foreman - Mario Hique, over 8 years experience working in landscape industry 1 leadman and 2 laborers - to be determined (S) Irrigator (28 hours) - to be determined (S) Mow Crew C32160 SECTION 1, CONTRACT- DOCUMENTS Page 19 Area 1 - Septl2.max Tree Pruning and Maintenance (Include any ISA or equivalent certified personnel and years of experience) Alan Hollinger, I.S.A. Arborist. BS in Ornamental Hart, OperationsManagpr, CO instructor - 30 + Rob Downing, I.S.A. Arborist, AA In Ornamental Hort, 20 + years exp Rafael Esquivel,ISA ArborigOD Certificate for Arborist, Landscape & Irrig & Pest Control, 20 +yrs Guillermo Delgado, ISA Arborist, 15 + yrs, golf course and maintenance experience Robert Candales, ISA Certified Arborist and tree pruner for over 10 years Irrigation System Maintenance (List technical personnel — include any relevant education, certification, licensing information and years of experience for each person listed) Dan Powers, EPA WaterSense Partner, Certified Landscape Irrigation Auditor, over 20 yrs exp Rafael Esquivel, Certified Site Control operator, holds COD Cert of Achievement for Irrigation Tech Frank Escobedo, EPA WaterSense Partner, Certified Landscape Irrigation Auditor& Landscape Tec Jeff Middlebrook, Certifield Landscape Technician Greg Gritters, EPA WaterSense Partner, Certified Water Manager by the California Landscape Contractors Association, and Certified Landscape Irrigation Auditor, 10 years and is the President and Managing Partner of Vintage Associates, Inc. Pesticide Application (List licensed and/or certified personnel and years of experienceµ all non -licensed, non - certified personnel must have received verifiable annual training) Use additional sheets as necessary. Sonny Klimowitz, Division Manager for Schmidt Services, holds a QAL and has over 20 years exp Greg Gritters, holds a QAL and is the President of Vintage Associates, Inc. Dan Powers, Supervisor for Maintenance Division holds a QAL and has over 15 years exp Rafael Esquivel, Supervisor for Maintenance Division holds a QAL and has over 20 years exp Al Hollinger, Operations Manager, holds a QAL and has over 30 years exp Bruce Brown, Golf Course Superintendant, holds a QAC and has over 12 years exp. C32160 SECTION 1, CONTRACT DOCUMENTS Page 20 Area 1 - Sept12.max I-andscage and lrriaatign Dolan (List personnel with formal training and certificates and years of experience) Gary Conner, Manager for Turfscape, has over 35 years experience in all phases of landscape and irrigation installation & 7 years synthetic turf design and installation. Bill Wolfs,, Superintendent, BS Ornamental Hort, licensed landscape contractor, over 35 years exp Lin Phillipi - Exclusive landscape designer of Vintage Associates Tracy Ann Bell - Licensed Landscape Architect Other Staff Training and Formal Education (including years of experience) Paul Stetz, Division Manager for Vintage Nursery, BS Ornamental Hort, CA Certified Nurseryman over 35 years experience Jeff Middlebrook, BS Ornamental Hort, Certified Water Auditor and Landscape Tech, Holds a QAL and is a licensed landscape contractor Eric Schmidt, Consultant, BS Agronomy, Purdue University, PCA and QAL license, 30 yrs exp. C321W SECT#ON 1, CONTRACT DOCUMENTS Page 21 Area 1 - Sept12.max PROPOSED PROJECT WORK SCHEDULE$ Proposers are to complete the attached work schedule (Attachment 1) form showing the vendor's intent forcompleting the work described in the project's General Provisions, and Special Provisions. Use the notation system provided with the Work Schedule Form. GREEN WASTE RECYCLING Contractor shall recycle all green waste removed from City landscaped areas at a County -licensed compost facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Palm Desert green waste. Said products shall be approved by the Public Works Director or his designee before use. Contractor shall submit monthly verification of green waste disposal in the Green Waste Monthly Report. Please describe your company's program to insure that the City receives credit for the green waste that will be generated from landscape maintenance activities. Be sure to include the name(s), address (es) and phone number(s) of the recycling €acliiiy(ies) that will be accepting the green waste you generate from your operations on the project. For any recycled green waste products (mulch, compost, soil amendments, etc.) used on the project area, if different from those fisted above, please give nameladdress/phone information of the producer. Use additional sheets as necessary. Vintage Associates has been recycling its green waste generated into mulch from Maintenance projects to Date Fields located in the Coachella Valley owned by Cocopah Nursery. (Owned by corporate partners of Vintage Associates) 81910 Arus, Indio, CA 92201. Contact Duane Young at 399-5187. This system has been in place for over 12 years. Including: California Bio-Mass, Inc. 83-109 62nd Avenue, Thermal, CA 92274 760/399-4128 and Coachella Valley Compost 87011 Landfill Road, Coachella, CA 92236 760/863-4364 C32160 SECTION 1, CONTRACT DOCUMENTS Page 22 Area 1 - Sept12.max LIST OF SUBCONTRACTORS SUBCONTRACTORS: In compliance with the provisions of the Government Code, Section 4102, the undersigned prosper herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (0.5%) of the general contractor's total Proposal, and the portion of the work which will be done by each subcontractor, as follows: Name, License, and Place of Business C7escri No subcontractors are anticipated C32160SECTION 1, CONTRACT DOCUMENTS Page 23 Area 1 - Sept12.max 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; 4 1 understand that a materially false statement willfully or fraudulently made in connection with this Proposal ma result in the termination of any contract between the City of Palm Desert and Vintage Associates, 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 Vintage Associates, Inc. to the terms of this affirmation. --�� FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED Gregory A. Gritters Printed Name President and Managing Partner Title Vintage Associates, Inc. Company Name C32160 SECTION 1, CONTRACT DOCUMENTS Page 24 Area 1 - Sept12.max NUN -COLLUSION DECLARATION To Be Executed by Proposer(s) and Submitted with Proposal The Undersigned declares - I am the President of Vintage Associates, Inc. the party making the foregoing Proposal. The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Proposer(s) has not directly or indirectly induced or solicited any other Proposer(s) to put in a false or sham Proposal. The Proposer(s) has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer(s) or anyone else to put in a sham Proposal, or to refrain from proposing. The Proposers) has not In any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer(s) or any other Proposer(s), or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer(s), All statements contained in the Proposal are true. The Proposers) has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Proposal depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Proposer(s) 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 oxecute, and does execute, this declaration on behalf of the Proposer(s). I declare under penalty of perjury under the laws of the -State of Califomia that the foregoing ,is trueand correct qnd thlat this declaration is e c eci on z- 2r , aty City State /L Gregory A. Gritters Signature Printed Name C32160 SECTION 1, CONTRACT DOCUMENTS Page 25 Area 1 - Sept12.max 760-341-7098 05:00:06 p.m. 09-13-2012 1 /20 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 1 Landscape Maintenance Area No.1 PROJECT NO.901-12 CONTRACT NO. C32160 ISSUED September 13, 2012 IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL Q\PubWo&\PR0RMTS190I-XX IMA I12012-2013VWdmdumNo. i.dom 760-341-7098 05:00:23 p.m. 09-13-2012 2 /20 This addendum changes the following items for the project proposal documents for the above referenced project: The following questions have been received: 1. Can you please provide the CURRENT PRICING for the landscape bids that are out: AREA NO. 1, AREA NO. 16, 17, AND 18? Answer: As discussed in the pre -proposal meeting; these prices are not comparable to the current- Request for Proposal, as the scope of the work has changed. Therefore they will not be provided as a part of this addendum. They are available for anyone interested from the City Clerk's office through the Freedom of Information Act. 2. Will the City provide the doggie bags that we need to replace? Answer: - Yes. 3. Freedom Park -Do we maintain the field adjacent to the school on the left slde as you drive in the entrance. Answer: . - Yes, per the specifications. 4. For reference the Pre -Proposal Agenda, meeting minutes and sign -in sheet have been attached. GA%bW0&\PRMEM\901 XX LMA 112012-20131A&en& m No. Ldo= 760-341-7098 05:00:39 p.m. 09-13-2012 3 /20 CITY OF PALM DESERT Request for Proposal -Landscape Maintenance. Area(s) AGENDA September 7, 2012 Administrative Conference Room I. Introductions -Sign In -Sheet H. Spencer Knight, Landscape Manager Randy Chavez, Senior Landscape Inspector 'Cora L. Gaugush, Capital Improvement Projects Technician II. Request for Proposal Instructions to Proposers Changes to Landscape Maintenance Contracts Selection Criteria Banding Requirements .Wage Rates -Not a prevailing wage project III. Contractor's Proposal Submission Forms (Page 10 -25) Cost Proposal (Term of Contract 20 months) Additional Pricing Schedule Work Experience and Technical Ability Proposed Facilities, Equipment and Staffing -Please use forms provided In Proposal Packet Proposed Project Work Schedule -Attachment 1 IV. Attachments V. Questlons-Please use forms provided 760-341-7098 05:00:57 p.m. 09-13-2012 4 /20 PRE -BID MEETING MINUTES Landscape Maintenance Areei(s) No.1; No.16, No.17, No.18 Project No(s). 901-13; 916-13; 917-13; 918-13 Prepared by: Cora L. Gaugush The following Is a brief record of the pre -bid meeting for the Landscape Maintenance Area(s) No. 1;- No.16; No.17; and No.18, held on September 7, 2012, at 9:00 AM., in the Administrative Conference Room at the City of Palm Desert. Attendees: See Attendance Sheet The following items were discussed: 1. Spencer Knight opened the meeting with introductions. Please see the Attendance Sheet (attached) for a list. of attendees. 2. Spencer pointed out that this Request for Proposal is different from the Notice Inviting Bid that was advertised earlier this year. Although the areas remained the same the scope and evaluation criteria for each area has changed. He highlighted those changes and went over. all documents contained in the Request for Proposal. He went over all attachments and noted which forms are required in the response to the Request for Proposal (Agenda attached for reference). 3. Spencer asked the -group if there were any questions. There were none. G:Wub NOr W=ECTS1g01 XX LMA 112012-2013NEW 10M-12 Pm Pmposd MeetlrgM7-12 ftOd Medng 760-341-7098 05:01:19 p.m. 09-13-2012 5 /20 o5eA& Amew Pre -Proposal Meeting -Landscape Maintenance Area(s) September 7, 2012 SIGN -IN SHEET (Please Print Clearly) NAME aad F➢rm ADDRESS . PHONE E-MAn 7" a•N�) p ��qb ��Lj C'�LS )�11L.� tJ�' AIATAVJ 1 7,10j, ? .,61 a ?60-330-Y l PtpkAICLL �a > P� 151two JWV4 u� �, Mau NL, k�to, BeK�vlan� pmrwaS,CA 12Z,..S CP17 '73 P !O F%U►i�l�n� ��G •V �� CttAGatr 1Ty tN . ..J aNpy r- ►� ��-y76-Lv+ [PD Pf►Rla �VAN NvyC drnQt���a��rKwcrdl � -y- ,w !6 yy3 /art? •. Nflrls uh -�67"7 j)s•�. QPi°`', t &T ar. 'co OCA ._. CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1 PROJECT NO.901-12, CONTRACT NO. C32160 SECTION 3: ATTACHMENTS Attachment 1: Work Schedule 1 & , Contact Work Schedule - Area 1 There will be at least 1 leadman and 2 laborer assigned full time to this area. There will also be a separate part time irrigator assigned. Mowing will be done with a separate mow crew. Tasks completed as follows (see schedule): tasks will be tasks will be completed on the day/days the crew will be tasks will be worked on on the assigned days with the task in the specific area completed every two weeks Monthly tasks will be worked on every week in the specific areas with the task being completed once a month Irrigation checking will be completed on the assigned work days for each area. This schedule allows for a consistent weekly presence in all areas with all tasks completed as required. WaterRite, Tree Rite, Turfscapes and Schmidt Services are all available to help if additional help or experience is required by the assigned crew. *If Vintage is awarded multiple contracts it would allow for more dedicated personal and equipment to the City of Palm Desert Detailed below is the pruning schedule for Areal. The following is a breakdown of the specific plant material that will be pruned and the pruning period for each species: January through February — prune all plants as needed, including Encelias, Ruellias, Justicia, Lantana, Caesalpina, Ambrosia dumosa (minimal) and others. February — March — prune all plants as needed, including Luecophyllum sp, Lantana, Calliandra sp, Bougainvillea sp, Cassia sp (after flowering) and others. March — April — prune as needed, including Leucophyllum, Lantana, Calliandra sp, Bougainvillea sp, Cassis sp and others. April: prune as needed, including Baccarris sp. and Nerium Petite Oleanders. May: prune as needed, including Dalea sp. June: prune as needed, Acacia redolens June - August: prune as needed, remove all dead flower and spikes from Encelias, Dasylirion wheeled, Hesperaloe parviflora and all Yuccas. All areas: Grasses will be left alone. All plant material will be pruned in accordance with the City of Palm Desert's Landscape Maintenance Guide. r' CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1 PROJECT NO. 901-12, CONTRACT NO. C32160 SECTION 3: ATTACHMENTS Attachment 2: Frequency Schedule LMA Contract Work Schedule Legend Days: Weeks: Month: M = Monday W1 = Week 1 of the Month Jan = January T = Tuesday W2 = Week 2 of the Month Feb = February W = Wednesday W3 = Week 3 of the Month Mar = March Th ='Thursday W4 = Week 4 of the Month Apr = April F = Friday W5 = Week 5 of the Month May = May S = Saturday Jun = June Su = Sunday Jul = July Aug = August Sep = September Oct = October Nov = November Dec = December FREQUENCY SCHEDULE LEGEND "Cheat Sheet" D Weekly, before close of business 5:00 .m. on Frida E Three times week) (Monday, Wednesday, Friday) F Bi-week)y (every 2 weeks G Monthly 12 times per year, every month H Bi-Monthly6 times per yeari every two months I Quarter) 4 times per ear J Semi-annual) 2 times per ear K Annual) 1 time per ear L Seasonal P Monthly, from May to October (6 times Q October 1 to April 30 every other week: May 1 to Se tember 30 week) S Daily, before 7:00 a.m., 7 days per week T Weekly, on Friday, by 6:00 a.m. U Continuously November 1 — March 31; monthly Aril 1 — October 31 V Weekly Aril 1 — October 31; monthly November 1 — March 31 W u t t, b l :16 PM, -7 d.A�s/wk. Contract No. C32160 AGREEMENT This AGREEMENT is made and entered into this 27t" day of September, 2012, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Vintage Associates, Inc., hereinafter called "Contractor." WITNESSETH: WHEREAS, on September 1, 2012, City invited Proposals for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 1 per specifications; and WHEREAS, pursuant to said invitation, Contractor submitted a Proposal, which was accepted by City for said services; and WHEREAS, Contractor has re-examined its Proposal and found it to be correct, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from January 1, 2013, through June 30, 2014, or to such later date as may be agreed in writing between parties. This contract allows for an option of two one-year contract extensions at the City's option and based on Contractor's performance and mutual agreement. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation therefor, the total sum of Two Hundred Thirty-seven Thousand Seven Hundred Eighty and 00/100 Dollars ($237,780.00) as set forth in the Contract Documents and adopted by City. CONTRACTOR'S OBLIGATION For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. HOLD HARMLESS AND INDEMNIFICATION. Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert and its officials, employees, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of Contractor, his agents, employees, and subcontractors and employees thereof in connection with, the performance or non- performance of this Agreement. The Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect City of Palm Desert and its officials, employees, and agents as to any such claims, lawsuits, liabilities or damages. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the Contractor and approved by the City Council of the City. 1 Contract No. C32160 TERMINATION. If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing City's damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its Proposal. The City Council may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE. The Notice Inviting Request for Proposal; Proposal Terms and Conditions; Instructions to Proposer(s), General Terms and Conditions; Specific Terms and Conditions; Contractor's Proposal Submission Forms; Attachments; Exhibits; Addendum Nos. 1 ; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. AUDIT. City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. 2 Contract No. C32160 NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: To City: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: Vintage Associates, Inc., 78755 Darby Road Bermuda Dunes, CA 92203 LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT A Municipal Corporation VINTAGE ASSOCIATES, INC. ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS 3 Contract No. C32160 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } )SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) M Contract No. C32160 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to VINTAGE ASSOCIATES, INC., hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 1 PROJECT NO. 901-12 CONTRACT NO. C32160 and 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, VINTAGE ASSOCIATES, INC. the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of Two Hundred Thirty-seven Thousand Seven Hundred Eighty and 00/100 Dollars ($ 237,780.00 ), 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 above bounden Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officials, employees, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. 5 Contract No. C32160 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 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER [.1 Contract No. C32160 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to VINTAGE ASSOCIATES, INC., (hereinafter designated as "Contractor'), an agreement dated September 27, 2012, and described as follows: LANDSCAPE MAINTENANCE AREA NO. 1 PROJECT NO. 901-12, CONTRACT NO. C32160, (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 et seq of the California Civil Code; NOW, THEREFORE, we, VINTAGE ASSOCIATES, INC., 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 City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Two Hundred Thirty-seven Thousand Seven Hundred Eighty and 00/100 Dollars ($237,780.00), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of 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 heirs, executors, administrators, successors or assigns, or subcontractors, shall 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, or to pay any person 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 from the wages of employees of said Contractor and his or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 9100 et seq of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor or his or its subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 9100 et seq of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract or to the work to be FA Contract No. C32160 performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/Contractor: Vintage Associates, Inc. (Typed Name of Contractor) (Signature) (Typed Name and Title) The rate of premium on this bond is $, SURETY: am The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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). Fu Contract No. C32160 THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: IF TO SURETY: (Name of Surety) (Street Address) (City, State and Zip Code) (Telephone number) AGENT OR REPRESENTATIVE FOR SERVICE PROCESS IN CALIFORNIA (if different from above) (Name of Agent or Representative) (Street Address) (City, State and Zip Code) (Telephone number) Q 9 a +/- 1,390,390 SQ FT ry< This number is an estimate and the city makes no statement as to the accuracy the number. Field verify. "REVISED" LANDSCAPE AREA 1 LEGEND ® LMA 1 Palm Desert Parcels City Boundary