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Home My WebLink AboutC32160 Landscape Maintenance Area 1 - 901-12Contract No. C32160 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C32160 FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO KIRKPATRICK LANDSCAPING SERVICES, INC., FOR A TWENTY MONTH CONTRACT IN THE AMOUNT OF $187,000, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT, OR $37,400, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 901-12) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Kirkpatrick Landscaping Services, Inc., 43-752 Jackson Street Indio, California 92201 DATE: September 27, 2012 CONTENTS: Proposal Agreement Payment Bond Performance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C32160 for Landscape Maintenance Area No. 1 to Kirkpatrick Landscaping Services, Inc., of Indio, California, for a twenty (20) month contract in the amount of $187,000; 2. Include extra repair work and services in an amount not to exceed 20 percent of contract amount, or $37,400; 3. Appropriate an additional $14,800 from unobligated General Funds to Account No. 110-4614-453-3370; and 4. Authorize the Mayor to execute the contract. 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. Contract No. C32160 Staff Report Award Landscape Maintenance Area No. 1 Page 2 of 3 September 27, 2012 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 has 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 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 (eight months from November 1, 2012, through June 30, 2013) and will address the additional cost in the FY 2013-14 budget. 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 Contract No. C32160 Staff Report Award Landscape Maintenance Area No. 1 Page 3 of 3 September 27, 2012 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. Prepared By: Knihh)( Landscape Manager i 001. Paul S. Gibson, Director of Finance roval: n M. Wohlmuth, City Manager C Ma Din CITY COVNCiLA`ION APPROVED ✓✓ DE mm RECEIVED OTHER . - NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City Jerk's Office CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2014 PROJECT NO. 901-12, CONTRACT NO. C32160 CONTRACTOR'S PROPOSAL SUBMISSION FORMS COST PROPOSAL TO: CITY OF PALM DESERT, "CITY" DATE: September 14, 2012 PROPOSER: Kirkpatrick Landscaping Services, 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 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 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 all items below. ITEM DESCRIPTION :PRICE TOTAL (MONTHLY) CONTRACT PRICE 1. Highway 111 Medians and Parkway $ 2,200.60 $ 44, 000.00 2. Palm Desert Community Center at $ 225.00 $ 4,500.00 45480 Portola Avenue 3. Palm Desert Historical Fire Station at $ 150.00 $ 3,000.00 72861 El Paseo 4. Highway 74 Medians and Parkway $ 1,100.00 $ 22,000.00 5. Charger Sculpture on Hwy 74 between $ 150.00 $ 3,000.00 El Paseo and Highway 111 6. Portola Avenue Median between $ 75.00 Chicory and Fairway Drive 1,500.00 C32160 SECTION 1, CONTRACT DOCUMENTS Page 10 7. Former Palm Desert Police Substation on $ 300.00 $ 6,000.00 northwest corner of Highway 111 and Monterey Avenue/Hwy 74 8. 'iMesa View Fire Station, Mesa View Drive $ 150.00 $ 3,000.00 west of Portola Avenue 9. Smoketree Natural Area $ $ 1,100.00 22,000.00 10. Haystack Drainage Channel $ $ 3,000.00 60,000.00 11. Santa Rosa and San Jacinto National $ 900.00 $ 18,000.00 Monument TOTAL BASE PROPOSAL $ 9,350.00 $ 187,000.00 TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ j s7, nnn. nn TOTAL AMOUNT BASE PROPOSAL IN WORDS one Hundred Eighty-seven Thousand Dollars and no cents IN WITNESS WHEREOF CONTRACTOR e s ropo of date set forth: By: ;�:?// r Signature Steven VKir'kpatrick, President Title: Kirkpatrick Landscaping Services, Inc. CONTRACTOR State of California ) County of Uu:5&.. ) Subscribed and sworn to (or affirmed) before me on this 1 q day of_Y (month), 9012- (year), by ",M 3. Kip kL-jxj-�C �CY- proved to me on the basis of satisfactory evidence to be the personX who appeared before me. Signature of Notary. 4 _ (Seal of Notary) NICOLE SEI.TZ Commission #t 1968439 Notary Publ{c - California Rlversids County 1W My Comm. Ex free Feb 3, 2016 C32160 SECTION 1, CONTRACT DOCUMENTS Page 11 760-341-7098 03:51:50 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 O:WubWaft\PROJEC \901-XXLMA i12012-20131AddendumNo.l.docx 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 $ 18.00 per hour& Additional Irrigator $ 30.00 per hour. Additional Foreman $ 24.00 per hour, i/ 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* $ 10.00 $ 20.00 `r $ 110.00 A 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 fallowing: digging of hole, setting of tree, backfilling, watering -in of tree, staking (if needed), and securing with cinch ties TURF MAINTENANCE Mowing: Labor & Equipment $ 5.00 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. C32160 SECTION 1, CONTRACT DOCUMENTS Page 12 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2014 PROJECT N0. 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: Kirkpatrick Landscaping Services, Inc. TYPE: • Sole proprietor • Partnership • Corporation x 2. COMPANY ADDRESS/PHONE NUMBER: MAIN OFFICE: 43-752 Jackson Street Indio, CA 92201 LOCAL OFFICE: 43-752 Jackson Street Indio, CA 92201 EMERGENCY CONTACT PERSON: Name: Bryan Stone ' •76o-250-3837 3. CONTRACTOR LICENSE INFORMATION: i • LICENSE NUMBER/CLASSIFICATION/NAME STYLE: • NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME STYLE: 26 • LICENSE EXPIRATION DATE: 12/31/2012 C32160 SECTION 1, CONTRACT DOCUMENTS Page 13 CURRENT LICENSE STATUS: 0 5 91 7 E:1 Active 4 PRIOR ACTIONS AGAINST THIS LICENSE? None IF YES, LIST CITATION TYPE AND HOW RESOLVED: COMPANY'S FEDERAL IDENTIFICATION NO.: 95-3655o47 NAME AND TITLE OF COMPANY OFFICERS: Steven Kirkpatrick ---President Debra Kirkpatrick Secretary NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES: 44 NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES FOR PUBLIC AGENCIES: 35 NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVICES IN THE COACHELLA VALLEY: 44 C32160 SECTION 1, CONTRACT DOCUMENTS Page 14 10. REFERENCES 2 3 • LIST AT LEAST THREE (3) REFERENCES (OTHER THAN THE CITY OF PALM DESERT) FOR PUBLIC AGENCY LANDSCAPE MAINTENANCE CONTRACTS — CURRENT OR SUCCESSFULLY COMPLETED WITHIN THE LAST FIVE (5) YEARS. ATTACH ADDITIONAL SHEETS IF NEEDED. REFERENCES Contract Name, Annual Contract Number & Length of Public Agency Amount Location Contract Contact Information City of Coachella $ 141, 360.00 760-198-1502 2 years City of Coachella Agency Name (Name & Number) 1515 6th Street Address Contract Location Coachella CA 92236 City/State/Zip LLDs 760-398-3502 Phone Contract Robert Rivera Administrator City of Indian Wells $ 468,168.00 760-777-7052 5 years City of Indian Well Agency Name (Name & Number) 44-950 E1 Dorado Dr Address Contract Location Indian Wells CA 92210City/State/zip Citywide 760-777-7052 Phone Contract Tim Wassil Administrator Riverside County Housing Authority Riverside County $ 93,300.00 760-497-4100 5 years Housing Authority Agency Name (Name & Number) 44-199 Monroe St Address Contract Location Indio, CA 92201 City/State/Zip Coachella Valley Locations 760-497-4100 Phone Contract Jorge Borrego 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? • 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 PROPOSED FACILITIES, EQUIPMENT & STAFFING SCHEDULE Facilities: List loc4tion/address and telephone phone number of facility(ies) from which work crews and equipment will be dispatched. 43-752 Jackson Street Indio, CA 92201 760-347-6926 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. A POWER EQUIPMENT MOWERS • TYPE: Jacobson 3800 NUMBER: 1 • TYPE: Exmark 2 bags NUMBER: 1 • TYPE: Toro 21" NUMBER: 2 • TYPE: Toro 5300 NUMBER: 1 TURF SWEEPERS and VACUUMS • TYPE: Olathe : NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: AERATORS • TYPE: John Deere NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: SEEDERS • TYPE: Lilly NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: SPRAYERS • TYPE: 100 gallon NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: C32160 SECTION 1, CONTRACT DOCUMENTS Page 18 TRACTORS • TYPE: • TYPE: • TYPE: • TYPE: Bobcat NUMBER: NUMBER: NUMBER: NUMBER: UTILITY VEHICLES • TYPE: None NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: PROPOSER ACKNOWLEDGES THAT THE COMPANY HAS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER AW HAND TOOLS TO COMPLETE CONTRACTUAL WORK. (Please initial) ��_ Staff: List the employees, both labor and supervision, to be routinely assigned to execute work tasks specified in this Agreement, General Provisions, and Special Provisions. Be sure to note by title any applicable licenses/certifications held by assigned personnel. Indicate with (S) if listed personnel are to be shared with another contract or project. Use additional sheets as necessary. General Landscape Maintenance (List Laborer(s), 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 Supervision - 6 hours / week (S) Project Manager - 40 hours / week Irrigation - 22 hours / week General Labor - 52 hours / week C32160 SECTION 1, CONTRACT DOCUMENTS Page 19 Tree Pruning and Maintenance (Include any ISA or equivalent certified personnel and years of experience) Steven Kirkpatrick - Certified Arborist WE-2289A - 44 years Isaac Kirkpatrick - Certified Arborist WE-4219A - 20 years Bryan Stone - Certified Arobist WE-9116A - 11 years Irrigation System Maintenance (List technical personnel — include any relevant education, certification, licensing information and years of experience for each person listed) Isaac Kirkpatrick - Landscape Water Conservation - 20 years Bryan Stone - Water Management for Professional Landscapers - 11 years Adolfo Sardina - Smart Controller Training - 32 years 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. Isaac Kirkpatrick - QAL 104569 - 20 years Bryan Stone - QAL 114588 - 11 years Max Reyes - PCA 75156 - 29 years Max Reyes - QAC 107590 - 29 years Jesse Quiroz - QAC 80084 - 28 years C32160 SECTION 1, CONTRACT DOCUMENTS Page 20 Landscape and Irrigation Design (List personnel with formal training and certificates and years of experience) None Other Staff Training and Formal Education (Including years of experience) Isaac Kirkpatrick - Degree in Ornamental Horticulture - 20 p-Arc Bryan Stone - Certificate in Enviromental Horticulture - 11 years C32160 SECTION 1, CONTRACT DOCUMENTS Page 21 PROPOSED PROJECT WORK SCHEDULES Proposers are to complete the attached work schedule (Attachment 1) form showing the vendor's intent for completing 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 facility(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 listed above, please give name/address/phone information of the producer. Use additional sheets as necessary. Burrtec Waste Industries —Coachella Valley Compost Facility 87-011 Landfill Road Coachella, CA 92236 760-863-4364 Truck Drivers turn their dump tickets in on a weekly basis and the office staff will makeco_pigs, and submit to the city on a monthly basic_ C32160 SECTION 1, CONTRACT DOCUMENTS Page 22 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 Description Classification No. and Telephone of Work None C32160 SECTION 1, CONTRACT DOCUMENTS Page 23 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; • 1 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 Kirkpatrick Landscaping Services, 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 Kirkpatrick Landscaping Services, Inc. to the terms of this affirmation. FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED 4!, >ianature Steven J. Kirkpatrick Printed Name President Title Kirkpatrick Landscaping Services, Inc. Company Name C32160 SECTION 1, CONTRACT DOCUMENTS Page 24 NON -COLLUSION DECLARATION To Be Executed by Proposer(s) and Submitted with Proposal The undersigned declares: Kirkpatrick Landscaping I am the President Of Services. 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 Proposer(s) 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 Proposer(s) 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 execute, and does execute, this declaration on behalf of the Proposer(s). 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 e,., 20Z _, at /�Pf4 i' fiot--J.�4 7 4�14 City State 2 Steven J.;'Kirkpatrick Printed Name C32160 SECTION 1, CONTRACT DOCUMENTS Page 25 ,s State Of California CONTRACTORS STATE LICENSE BOARD r , .Consumer ACTIVE LICENSE Affairs License Number 5 0 3 3 6 0 Entity Cp R P Business Name K I R KPAT R I C K LANDSCAPING SERVICES INC Classification(s) C27 Expiration Date 12/31 /2012 www.cslb.ca.gov THIS CERTIfIES THAT -o� City of Palen D""t r , 73-510 Fred Waring Drive, Palm Desert, CA 92260 r;y (760) 340-0611 # CERTIFICATE TAG N$Rc 01�1, NOT TRANSFERABLE OVERSEEDING CERT Bp EXPIRES ON 10 .31 2012 KIRKPATRICK LANDSCAPING aij ilk LOCATION. B17993 C27 LANDSCAPE OUTSIDE CITY B.USINE89OWNER KIRKPATRICK LANDSCPNG SRVC KPATR.IQK LANDSCAPING c "52 ATORTH JACKSON ST ;i CPS 9,2201. M O N 0 T co S-> w Ln cm > O El Im M N CV i� SMJ z l� ml K tR mmwl UP F 144 Rik 9 -t4 +r 9 t� om► t4-4 � }�yy 4.4 tR w � 4-4 � w J Jt 4-4 t� PA w A • rlo I k Tt - AS•I�TY OP C; IFOR IA, .RI RSTI)�" ` TT1l7TT-rim, n6Trnir.vxrn7 - kTayFll�T .ter.:. _ s. •a��ik ��.,.. POO C h VF� O a � .s� � O O .fry O i-Z n G a � h b f� Ink u Q C w � Q c1 u � 23I dl Si Y. CP Lll DEPARTMENT OF PESTICIDE REGULATION `1 LICENSING/CERTIFICATION PROGRAM pr DATE OF ISSUE 01/01/2012 QUALIFIED APPLICATOR LICENSE VALID THROUGH 12/31/2013 GOAL 114688 B BRYAN N STONE 44489 TOWN CENTER WY STE D-420 PALM DESERT CA 92260 W �1 • IV �V 0 V YN I W El z 0 U Q w �, a j U a z H0 gR LIM O w w C� a � w W U v L LLam, w w � 0 0 w 0 Q m w w U) w F- U F- It w U 2 W z 0 H i iAs w U) 0 w F u O z O w n. O U .J U) w U U a U) x O U- P4 U Q z a ^z V V� w r.4 C) Q w H z w m 0 N IR r .,- 5 S f, r f}{ y ., a =y i �A fi kr t3 _ DEPARTMENT OF PESTICIDE REGULATION dpr LICENSING/CERTIFICATION PROGRAM AGRICULTURAL PEST CONTROL ADVISER LICENSE DATE OF ISSUE VALID THROUGH 0'' ' 12012 12/31/2013 PCA 75156 ADEG MAX REYES 43752 JACKSON ST INDIO CA 92201 DEPARTMENT OF PESTICIDE REGULATION 1 pr LICENSING/CERTIFICATION PROGRAM QUALIFIED APPLICATOR CERTIFICATE DATE OF ISSUE 0l/01/2012 QAC 107590 MAX REYES . 43752 JACKSON ST INDIO CA 92201 III -in VALID THROUGH. 1213112013 BCDF a DEPARTMENT OF PESTICIDE REGULATION I LICENSING/CERTIFICATION PROGRAM Q Wi P r I QUALIFIED APPLICATOR CERTIFICATE DATE OF ISSUE VALID THROUGH 01/01/2012 12/31 /2013 QAC 80084 BC - JESUS QUIROZ 43752 JACKSON ST INDIO CA 92201. z � Q w � a j U a o Q w Q w U i* ✓ W O � a w d � � *.� W LL w U N 0 w 0 w LL Z 0 w J a 0 U. w 0 U _ 0 LL 0) 0 0 Y J a z Z O w a � w H � O U H LL ww O W � v � W WANO w w u w U) o � D 0 0 w � � w H ~� u. a � o �- z m � w w w z � N 0" 2 w o F � U J ti w w w U U U)U_ W i-- x I con z 0 w U Q z P4 0 z W z W rn 0 N N w w o. w z O o �- w w U w IL �n O V H O z w � W � d w �, U v z d W O� U C,7 a w w U w N 0 w I- k z O w J 0 M w N N w v a N 0 LL O N N w m w a w N W w z 0 z w w WA_ U w d H 0 w w Wz w T. m ^Q COD 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 Kirkpatrick Landscaping Services, 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 November 1, 2012, 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 One Hundred Eighty-seven Thousand and 00/100 Dollars ($187,000.00) 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. 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. E 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: Kirkpatrick Landscaping Services, Inc., 43-752 Jackson Street Indio, CA 92201 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 KIRKPATRICK LANDSCAPING A Municipal Corporation SERVICES, 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) rd Contract No. C32160 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to KIRKPATRICK LANDSCAPING SERVICES, 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, KIRKPATRICK LANDSCAPING SERVICES. INC. the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of One Hundred Eighty-seven Thousand and 00/100 Dollars ($ 187,000.00 ), 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 1, 20 SURETY AM INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL 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 KIRKPATRICK LANDSCAPING SERVICES, 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, KIRKPATRICK LANDSCAPING SERVICES, 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 One Hundred Eighty-seven Thousand and 00/100 Dollars ($187,000.00), 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 7 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: Kirkpatrick Landscaping Services, Inc. (Typed Name of Contractor) AIM (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: In 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). 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) s7 N +/- 1,390,390 SQ FT This number is an estimate and the city makes no statement as to the accuracy the number. Field verify. "REVISED" LANDSCAPE AREA 1 LEGEND LMA1 Palm Desert Parcels City Boundary ' I M -2 O � f i Z q f cal ..i+a rn ca �I w�; 3 u 3 c, � ra � � t,. � � <•> 3 I 1 4 Z i � � I J 3 3 -3 I - v d 3' j (6 (6 C6 (� a 1 { £ ➢ 3 4 i 71.1 I J i C6 1 £tn 1 c6' 3 C,Ji £ � ra 3 � � • � 1 a ....... . .: qq b � U � Y YCyy ii � Is Lu su � I� B a !z 1 F 1 w I ff :.T � �' s.� v -- .. �; -�-;, „-,dp,. -.�-�T /: �:-;f" ` mil' ''�� .�� . � iI ti � � ,� �� .. �, mac. a (� �� ' *�. �'� a 13 CITY OF PALM DESERT CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL From: JOHN M. WOHLMUTH, CITY MANAGER Date: SEPTEMBER 25, 2012 Subject: LANDSCAPE MAINTENANCE PROPOSALS FOR CITY LANDSCAPE MAINTENANCE AREAS (LMA) As you may recall, several months ago the City bid four LMA's (Landscape Maintenance Area), and the low bidder, TruGreen LandCare, withdrew their low bid. The City Attorney was successful in going after TruGreen LandCare's bid bond because the company significantly underbid the maintenance costs. As a result of this failure to secure a contractor, Council directed staff to contract maintenance with an interim contractor until staff was able to bring another contractor for Council consideration for LIVIA maintenance. Since the economic downturn, the City has been retaining "low -bid" contractors and struggling to maintain its parks to the standard Palm Desert would like to see. For this reason, Council allowed Public Works to try the proposal process rather than the bid process. The bid process requires specific scope of services and a bid, with less weight given to qualifications and effort. The proposal process places more emphasis on qualifications, knowledge, experience, talent, and effort and less emphasis on price alone. Attached is a description of the proposal process undertaken by Spencer Knight for the four LMA contracts. These four contracts are on the September 27, 2012, City Council Agenda for Council consideration. The cost will be slightly higher than budget but will allow better/consistent maintenance. As you can see in the proposal rating criteria, cost is a factor, but it is minor compared to experience and qualifications. 1. M. WOHC MANAGER cc: Rachelle D. Klassen, City Clerk Mark Greenwood, Director of Public Works CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: John M. Wohlmuth, City Manager From: H. Spencer Knight, Landscape Manage Date: September 24, 2012 Subject: Explanation of the LMA Proposal Process On June 14, 2012, TruGreen LandCare notified the City of Palm Desert that they had elected to not accept the award of the landscape maintenance contracts for the City's Landscape Maintenance Areas 1, 16, 17, and 18. They implied that they had significantly underbid the contracts. Contracts for landscape maintenance have previously been awarded using the low bid selection process. This has consistently resulted in such low pricing that the successful bidders have struggled, and in some cases failed, to provide adequate maintenance services. Therefore, when TruGreen elected to not accept these contracts, staff saw an opportunity to use a service -based as opposed to a low bid selection process. The intent was to obtain an acceptable level of service at a fair price while meeting the City's expectations. The City Council approved the use of the service -based selection on June 28, 2012. A Request for Proposals was published and all responding proposers were evaluated using a rating system that included price as well as other factors. The following chart lists these criteria and their related maximum point value. Proposal Rating Criteria Rating Criteria Points 1 Experience and history of performing similar landscape maintenance services for a government entity 25 2 Qualified manpower, equipment, and other resources to meet the scope of services 25 3 Completeness, clarity, and practicality of proposer's Work Schedule 15 4 Proposal cost to perform the base landscape maintenance services 15 5 Proposal cost for additional work 5 6 Completeness, thoroughness, clarity, and neatness of Proposal 10 7 Credit for proposing company whose main office is located in the Coachella Valley 5 TOTAL POSSIBLE SCORE 1 100 Explanation of LMA Proposal Process September 24, 2012 Page 2 Explanation of Proposal Rating Criteria: 1. A proposer's history and experience were evaluated as it related to working in the unique work conditions of parks and roadways, and managing the specialized needs of desert plant material. 2. A company's employees were evaluated on experience, training, and quantity; and the equipment was evaluated on quantity, type, and condition. 3. The company was also evaluated on its expertise in developing an effective work schedule based on the provided work descriptions and frequencies. 4. Staff determined a cost estimate for the base maintenance work using historical and current costs, and the proposer's cost for base landscape maintenance services was then compared to this estimate. A rating schedule was created to subtract points if the cost was more than five percent above or below staffs estimate. The proposer's cost was also evaluated for consistency with the proposer's staffing, material, and asset commitments. 5. The Additional Work Pricing criteria was compared to fair market rate and the City's estimate for work, which was based on past history and current knowledge of the cost for similar services. 6. The proposal was evaluated for completeness, clarity, neatness, and whether it communicated the company's intent and ability to execute the contract work. 7. Consideration was made for the proximity of a proposer's main/corporate office to the Coachella Valley. The following table shows each proposer's overall score based on a review by a panel of three staff members. The high score for each LMA is indicated in gray. PROPOSERS LMA Pinnacle Vintage Mariposa Excel Kirkpatrick Hort Tech 1 71.8 78.7 77.3 65.5 82.0 71.5 16 58.5 87.7 67.7 82.5 69.7 N/A 17 57.2 84.7 69.0 85.5 71.0 N/A 18 166.8 193.7 74.7 85.2 84.7 172.5 To illustrate how ratings in the various categories resulted in the overall scores, Excel's high score for LMA 17 resulted from a lower base maintenance cost, but their Additional Work costs are slightly higher. Their experience and manpower is not as applicable to the Coachella Valley, yet they had the highest overall rating. While Vintage's cost for base services for LMA 16 and 18 is within the estimated range it is not the lowest, but their cost for Additional Work was lower than other proposers. However, their experience and manpower is the most applicable to the Coachella Valley, therefore,. Explanation of LMA Proposal Process September 24, 2012 Page 3 Vintage obtained the highest overall score for LMAs 16 and 18. Kirkpatrick's overall score was highest and they also had the lowest proposed price for LMA 1. It is staff's opinion that Kirkpatrick Landscape, Vintage Associates, and Excel Landscape have proposed fair prices and will be able to provide landscape maintenance services that will meet the City's level of expectation.