HomeMy WebLinkAboutC32170 Landscape Maintenance Area 16 - 916-12Contract No. C32170
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32170 FOR LANDSCAPE
MAINTENANCE AREA NO. 16 TO VINTAGE ASSOCIATES, INC.,
FOR A TWENTY MONTH CONTRACT IN THE AMOUNT OF
$280,000, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT
OF CONTRACT AMOUNT, OR $56,000, FOR EXTRA REPAIR
WORK AND SERVICES (PROJECT NO. 916-12)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Vintage Associates, Inc.
78755 Darby Road
Bermuda Dunes, CA 92203
DATE: September 27, 2012
CONTENTS: Proposal
Agreement
Payment Bond
Performance Bond
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C32170 for Landscape Maintenance Area No. 16
to Vintage Associates, Inc., of Bermuda Dunes, California, for a twenty
(20) month contract in the amount of $280,000;
2. Include extra repair work and services in an amount not to exceed 20
percent of contract amount, or $56,000;
3. Appropriate an additional $42,000 from unobligated General Funds to
Account No. 110-4611-453-3320; and
4. Authorize the Mayor to execute the contract.
Funds are available in General Fund Account No. 110-4611-453-3320, R/M
Landscaping Services.
Contract No. C32170
Staff Report
Award Landscape Maintenance Area No. 16
Page 2of3
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
Vintage Associates, Inc.
Bermuda Dunes, CA
$280,000
Excel Landscape Inc.
Corona, CA
$258,600
Kirkpatrick Landscaping Svc
Indio, CA
$364,000
Pinnacle Landscape
Santa Ana, CA
$386,120
Mariposa Landscapes, Inc.
Irwindale, CA
$451,000
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 Vintage Associates, 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. C32170
Staff Report
Award Landscape Maintenance Area No. 16
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:
H. PpendXer Kn
Depa
Lands�4e Manager Mark Groegwood, P.E.
Director of ,public Works
i
CITY COUNCIL ACTION
APPROVED ✓✓ DENIED
Paul S. Gibson, Director of Finance RECEIVED OTHER
J" M. Wohlmuth, City Manager
NOES:
ABSENT: Akne
ABSTAIN:_..., 0�-
VERIFIED BY:
Original on File with City
's Office
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 16, 2012-2014
PROJECT NO.916-12, CONTRACT NO. C32170
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
COST PROPOSAL
TO: CITY OF PALM DESERT, "CITY'
DATE: 9/14/12
PROPOSER: Vintage Associates, 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.
SEE NEXT PAGE
C32170.SECTION 1.'CONTRACT DOCUMENTS
Page 10
Area 1R - SPntl2 may
ITEM
DESCRIPTION
PRICE (MONTHLY)
TOTAL CONTRACT
-PRICE
I.
.foe Mann Park
$
737
14,735
2.
Freedom Park
$
6,018
$
120,354
3.
Hovley Soccer Park
$
4,544
$
90,882
4.
Stonebridge Easements
$
$
9$2
19,647
5.
University Dog Park
$
$
737
14,735
6,
University Park East
$
982
$
19,647
TOTAL BASE PROPOSAL
$
14,000
$
280,000
TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ 280,000
TOTAL AMOUNT BASE PROPOSAL IN wORDS Two hundred eighty thousand dollars
IN WITNESS WHERE01" CONTRACTOR executed this Proposal as of date set forth:
By: Signature
Title: -ale: Vintage Associates; Inc.
CONTRACTOR
State of California j
County of
Subscribed and sworn to or atfirmed) be€orege n this day of
(month), (year), by �cs
, proved to me on the basis of satisfactory evidence to be the persona)
who appeared before me.
,Signature of Notary .�
C32170 SECTION 1, CONTRACT DOCUMENTS
Area 16 - Sept12.max
(Sea[ of Notary)
Page 11 -
LANDSCAPE MAINTENANCE AREA NO. 16,2012-2014
PROJECT NO.916-12, CONTRACT NO. C32170
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
ADDITIONAL WORK PRICING SCHEDULE
LABOR
Additional Laborar $ 22.00 per hour
Additional Irrigator $ 26.00 per hour
Additional Foreman $ 30.04 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-Galion Tree Installed*
24"-Box Tree Installed*
$ 9.00
$ 26.00
$ 94.00
$ 325.00
Nate: Anything over 24" box size will be paid at the contractual hourly mate for
labor, and materials at cost plus a 15% mark-up.
*Includes the following: digging of hole, setting of tree, back -filling, watering -in of tree,
staking (If needed), and securing with cinch ties
TURF MAINTENANCE
Mowing: Labor & Equipment $ 2.00 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.
C32.170 SECTION 1, CONTRACT DOCUMENTS
Page 12
Area 16 - Septilmax
CITY OF PALM DESERT
LANDSCAPE !MAINTENANCE AREA NO. 16,2012-2014
PROJECT NO.916-12, CONTRACT NO. C32170
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, Inca
TYPE:
« Sole proprietor
. Partnership
* Corporation x
2. COMPANY ADDRESS/PHONE NUMBER:
MAIN OFFICE:
78755 Darby Road Bermuda Dunes, C�._9220_�
LOCAL OFFICE:
du
EMERGENCY CONTACT PERSON:
Name: Alan Hollinger
Phone: �7�zOD_7..2--3-67-3-or_..7.6Q/2Z5.:.6225-
3. CONTRACTOR LICENSE INFORMATION:
« LICENSE NUMBER/CLASSIFICATION/NAME STYLE:
A C27 647984
« NUMBER -OF YEARS OPERATING UNDER ABOVE LICENSE/NAME
STYLE: years
« LICENSE EXPIRATION DATE:
6/30/2014
C32170 SECTION 1, CONTRACT DOCUMENTS
Page 13
page 13 - Area 16.max
CURRENT LICENSE STATUS:
active
• PRIOR ACTIONS AGAINST THIS LICENSE? None
IF YES, LIST CITATION TYPE AND HOW RESOLVED:
n/a
4. COMPANY'S FEDERAL IDENTIFICATION NO.: 33-0499024
5. NAME AND TITLE OF COMPANY OFFICERS:
Duane Young, Vice President Gregston Young, Vice President
6. NUMBER OF YEARS . COMPANY HAS PROVIDED LANDSCAPE
MAINTENANCE SERVICES: 20 years
7. NUMBER or YEARS COMPANY HAS PROVIDED LANDSCAPE
MAINTENANCE SERVICES FOR PUBLIC AGENCIES: 9 years
8. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE
MAINTENANCE SERVICES IN THE COACHELLA VALLEY: 90 years
9. CURRENT LANDSCAPE MAINTENANCE OPERATIONS
THE CITY RECOGNIZES THAT- THE INFORMATION PROVIDED By
ANSWERING THIS QUESTION (QUESTION 8.) IS PROPRIETARY IN
NATURE, AND IF THE PROPOSER ELECTS THAT THIS INFORMATION BE
KEPT CONFIDENTIAL, IT MUST BESUBMITTED IN A SEPRATE ENVELOPE
MARKED "CURRENT LANDSCAPE MAINTENANCE OPERATIONS" AND
SUBMITTED SEALED WITHIN THE PROPOSAL.
TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 88
PERCENTAGE OF TOTAL CONTRACTS WITH PUBLIC AGENCIES: 6%
PERCENTAGE OF TOTAL CONTRACTS IN THE COACHELLA VALLEY:
100%
PERCENTAGE OF TOTAL PUBLIC AGENCY CONTRACTS IN THE
COACHELLA VALLEY: 100 9
s TOTAL DOLLAR VALUE OF LANDSCAPE MAINTENANCE CONTRACTS:
$9,864,000.00
+� PUBLIC AGENCY PERCENTAGE OF TOTAL MAINTENANCE CONTRACT
VALUE (Based on dollar value): 15%
C32170 SECTION 1, CONTRACT'DOCUMENTS Page 14
Area 16 - Septllmax
• NUMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANCE
OPERATIONS (Total company -wide)
'Title
:Number
W �
A Unit
Supervisor
9
$7.500-
Per Mo
—Hour
Irrigation Technician
$20
Per
Foremen
-
S23
Per Hour
Laborer
125
$14.80.—-
Per Hour
*Use fully burdened rate (i.e., taxes, insurance, benefits, OH & P)
TYPE & NUMBER OF VEHICLES & POWER EQUIPMENT COMMITTED TO
ALL LANDSCAPE MAINTENANCE OPERATIONS (include sample photos):
30- MOTOR VEHICLES
• TYPE: Pick-up Trucks
NUMBER:
56
• TYPE: Utility Body Trucks
NUMBER:
12
• TYPE: Flat Bed Trucks
NUMBER:
• TYPE: Dump trucks
NUMBER:
11
* TYPE: Aereal Lifts
NUMBER:
# TYPE: Cargo
NUMBER:
1
— •
TYPE: Van
NUMBER:
> POWER EQUIPMENT
MOWERS — Rotary gLa e Area)
4
• TYPE: Exmar 0'
NUMBER:
• TYPE: xmark 48"
NUMBER:
12
• TYPE: Exmark 42"
NUMBEr%M..
10
• TYPE:
NUMBER.
MOWERS — Rotary (Small Area)
• TYPE: 21
NUMBER-
43
• TYPE:
NUMBER:• --T
15
T YPE: ar �o
NUMBER:
2
• TYPE:
NUMBER:
MOWERS — Reel (Large Area)
* TYPE: Jacobsen 3800
NUMBER:
2
* TYPE: Jacobsen 3810
NUMBER:
13
* TYPE: n mg
NUMBER:
3
* TYPE:
NUMBER:
MOWERS —*WC* (Small Area) Reel
• TYPE: Tru-cUt
NUMBER:
5
• TYPE: - Greens
NUMBER:
2
• TYPE:
NUMBER:
• TYPE:
NUMBER:
MOWERS — Other
7
• TYPE: 48" - Flail
NUMBER: ---
• TYPE-, Jacobsen 3810 Verticut
NUMBER:
• TYPE:
NUMBER:
• TYPE:
NUMBER:
C32170 SECTIONI, CONTRACT DOCUMENTS Page 15
Area 16 - Sept12nax
TURF SWEEPERS and VACUUMS
TYPE:_���.�� NUMBER: --,I----
TYPE: S NUMBER: 2
E. NUMBER:
TYPE:
TYPE: NUMBER:
AERATORS NUMBER: 2
• TYPE: Walk behindNUMBER:----
• TYPE: NUMBER:
TYPE: __jRaad_C4qv_60"- NUMSER7
• TYPE -
SEEDERS NUMBER: - 2
o TYPE:
_LS!y_
4b TYPE- NUMBER:
NUMBER: d
TYPE. —TVa— -Fehind _j-
TYPE: NUMBER,
SPRAYERS 225 gal custom self propell6dJMBER: ____ 4
• TYPE: N
• TYPE: UMBER: NUMBER:
• TYPE: TYPE: NUMBER:
TRACTOE:RS Skid Steer
TYP
NUMBER: 3
TYPE:
NUMBER: 1
NUMBER:
TYPE-. Back hoe
.1
NUMBER:
TYPE: _-Jud -------
UTILITY VEHICLES NUMBER: 1
0 TYPE: eeer....
$ TYPE: NUMBER: 7
0 TYPE NUMBER:
NUMBER-
* TYPE'. Chipper
> NON -POWER EQUIPMENT
TRAITYPLERS 12-16' NUMBER: 37
E:
TYPE: nippyy At gy NUMBER:
• TYPE.. NUMBER.
• TYPE: _NUMBER:
OTHER
0 TYPE:
0 TYPE.
• TYPE:
TYPE:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
C32170 SECTION i, CONTRACT DOCUMENTS
-Pegelro
Area 16 - Sept12nax
10. REFERENCES
o 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
1
$ 486,500 Park LMS 2009-20 1 yr w/4-1yr ext City of La Quinta Agency Name
(Name & Ntimber) since May 2005 78495 Calle Tampico Address
Contract Location La Quinta, CA 92247city/stateop
Civic Center Campus 760/777-7981 _ Pane
La Quinta Parks
Contract
Sports Complex Steve Howlett Administrator
Library/Museum I
2
3
5261262
1 yr w/1 yr ext City of Indian Wells Agcnoy Nome
since July 2006 44-950 Eldorado Driv&ress
Indian Wells, CA 922%state Ip
ruse 760/346-2489 Phone
RRyan Bowen Contract
Y Administrator
$ 250,200 LMS 11 -05-001 -AD1 yr w/ 2=1yr ext Desert Recreation DiAtencyName
(Name & Number) since July 2011 45-305 Oasis Street Address
Contract Location Indio, CA 92201 City!$tateMp I
Indio & La Quinta Comm Park 760/347-3484 Phone
Indio Hills Park, Thous Palm Comm Park
Pawley Pool and Mecca Comm Park Glenn Miller ct
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?
C32170 SECTION 1,`CONTRACT'DOCUMENTS Page 17
Area 16 - Septl2.max
PROPQSED FACILITIES EQUIPMENT & STAFFING SCHEDULE
Facilities:
List Iocationladdress and telephone phone number of facility(ies) from which work crews
and equipment will be dispatched.
Our twenty acre facility centrally. 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
• TYPE:
Exmark 42"-R—ofa—ry
• TYPE:
walk behind 2.1"
• TYPE:
TURF SWEEPERS
and VACUUMS
TYPE:
Olathe
a TYPE:
TYPE:
• TYPE:
AERATORS
• TYPE: _
Rapid Core 60"
• TYPE:
Valk behind
• TYPE:
• TYPE:
SEEDERS
• TYPE:
Lel
• TYPF:
WalK Bening
• TYPE:
• TYPE:
SPRAYERS
• TYPE:
50 gallon
• TYPE:
• TYPE.
• TYPE:
C32170'SECT-ION 1, CONTRACT DOCUMENTS
NUMBER: 1
NUMBER:
NUMBER: 2
NUMBER.
NUMBER: 1
NUMBER:
NUMBER:
NUMBER:
NUMBER: 1
NUMBER:
NUMBER:
NUMBER:
NUMBER: 1
NUMBER: 1
NUMBER:
NUMBER:
NUMBER: 1
NUMBER:
NUMBER:
NUMBER:
Page 18
Area 16 - Sept12.max
TRACTORS
f TYPE: FordlAer2tar
NUMBER:
• TYPE:
NUMBER:
• TYPE:
NUMBER:
• TYPE:
NUMBER:
Truck /Trailer 1
TYPE: Pick up NUMBER:
s TYPE: bark up NUMBER: �
TYPE: -- NUMBER: _ 1
d TYPE: Luck____.__._ _ NUMBER: 1
PROPOSER -ACKNOWLEDGES THAT THE COMPANY HAS AN
APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWE D 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 ticensesicertifications 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 Managers) include any relevant
education, certification, licensing information and years of experience for each person
listed). Use additional sheets as necessary
(S) Project Manager - Al Hollinger --
(S) Field Supervisor - Petro Garcia
(S) Foreman - Mario Higaque
2.5 Laborers
(S) Irrigator
Mow Crew - 2 - 4 days per week
C32170 SECTION 1, CONTRACT DOCUMENTS
Page 19
Area 16 - Sept12.max
Tree Prunm_a and Maintenance
(include any ISA or equivalent certified personnel and years of experience)
Alan Hollinger, I.S.A. Arborist, BS in Ornamental Hort., licensed C27 contractor, Operations Mgr.
30+ yrs exp., and C.O.D. Instructor
Rob Downing, I.S.A. Arborist, AA in Ornamental Hort. , Supervisor, 20 + yrs exp.
Rafael Esquivel, I.S. A. Arborist, COD cert for Arborist, Landscape , Irrig & Pest Cntrl, Spvsr, 20 + yrs
Guillermo Delgado, I.S.A. Arborist, golf & landscape maint exp, Supervisor, 18+ yrs
Robert Candales, I.S.A. 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)
Greg Gritters, EPA WaterSense Partner, Certified Water Manager by the.California Landscape
Contractors Association, Certified Landscape Irrigation Auditor, 10 + year exp., President & Mana!
Partner of Vintage Associates, Inc.
Dan Powers, EPA Watersense Ptnr, Certified Landscape Irrigation Auditor, Supervisor, 20+ yrs exl
Rafael Esquivel, Certified Site Control Operator, COD achievement for Irrigation Technician
Frank Escobedo, EPA WaterSense Partner, Certified Landscape Irrigation Auditor & Landscape Tech.
Jeff Middlebrook, B.S. Ornamental Hort., Certified Landscape Irrigation Auditor & Certified Landscape Te
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.
Sonny Klimowitz, Manager of Schmidt Services, holds a QAL, 20 + years exp in tree and pest maintenci
Greg Gritters, holds a QAL and is the President of Vintage Associates, 10 + yrs experience.
Al Hollinger, Operations Manager, holds a QAL, and has over 30 years experience.
Dan Powers, Landscape Maintenance Supervisor, holds a QAL, 15+ yrs. experience.
Rafael Esquivel, Landscape Maintenance Supervisor, holds a QAL, 20+ yrs. experience.
Bruce Brown, Golf Course Superintendent, holds a QAC and has over 12 years experience.
C32170 SECT -ION 1, CONTRACT DOCUMENTS Page 20
Area 16 - Sept12.max
Landscape and Irrigation Design
(List personnel with format training and certificates and years of experience)
Gary Conner, Div. Mgr for Turfscape, has over 35 experience in all phases of landscape and irri
installation and 7 years synthetic turf design and installation.
Bill Wolfs, Superintendent, BS Ornamental Hort, licensed C27 contractor, over 35 yrs experience.
Lin Phillippi - exclusive landscape designer of Vintage Associates, over 18 years experience.
Tracy Ann Bell - Licensed Landscape Architect
Other Staff Training and -Formal Education
(including years of experience)
Paul Stetz, Division Manager for Vintage Nursery, B.S. Ornamental Hort., CA. Certified Nurseryma
over 35 years experience.
Eric Schmidt, Consultant, B.S. Agronomy, Purdue University, PCA and QAL license, 30 yrs + exp.
Fran Mullahy, Account Mgr, 25 yrs exp + property mgt., 12 yrs + landscape exp, completed COD
certificate courses for Arbor and Irrigation Mgt.
C32170 SECTION 1,-CONTRACT.DOCUMENTS Page 21
Area 16 - Sept12.max
PROPOSED -PROJECT WORK SCHEDULES
Proposers are to complete the attached work schedule (Attachment 1) form showing
the vendors intent for completing the work described in the projects 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 tae 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.
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
C32170 SECTION 1, -CONTRACT DOCUMENTS
Page 22
Area 16 - Sept12.max
L ST OF SUSCONTRACIORS
SUBCONTRACTORS:
In compliance with the provisions of the Government Code, Section 4102, the
undersigned prosper herewith sets forth the name and location of the Mace 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
None anticipated for this project
C32170 SECTION 1, CONTRACT DOCUMENTS
Page 23
Area 16 - 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;
I understand that a materially false statement willfully or fraudulently mado in
connection with this Proposal may 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
Title
Vintage Associates, Inc.
Company Name
C32170 SECTION 1, CONTRACT DOCUMENTS
Page 24
Area 16 - Sept12.max
NON -COLLUSION DECLARATION
To Be Executed by Proposer(s) and Submitted with Proposal
The undersigned declares:
I am the President of Vintage A-,qnr,iatP_s 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 behatf 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 taws of the State of Califo la at
the foregoing is true and corre an ,that this declaration is executed on
at
City State
By:
Signature
Gregory A. Gritters, President
Printed Name
C32170 SECTION 1, CONTRACT DOCUMENTS
Page 25
Area 16 - Sept12.max
CITY OF PALM DESERT
CALIFORNIA
ADDENDUM NO, 1
Landscape Maintenance Area -No.16
PROJECT NO.916-12
CONTRACT NO. C32170
ISSUED September 13, 2012
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL
G:lenbwo&WRO E M16-XX LMA 1001220IMdamoaumNo.1 M
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 malntaln the Held adjacent to the school on the left
side 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.
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CITY OF PALM DESERT
Request for Proposal -Landscape Maintenance. Area(s)
AGENDA
September 7, 2012
Administrative Conference Room
1. 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
Bonding' Requirements
Wage Rates -Not a prevailing wage project
Ill. 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. Questions -Please use forms provided
IOU—J41— iuye
PRE -BID MEETING MINUTES
Landscape Maintenance Areas) 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
Administrath a Conference Room at the Ckyy 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 area remained the same the
scope and evaluation criteria for each area has changed. He hightighted 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 I there were any questions. There were none.
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Pre -Proposal Meeting -Landscape Maintenance Area(s)
September 7, 2012
SIGN -IN SKEET
NAME and Firm
ADDRESS
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CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 16
PROJECT NO.916-12, CONTRACT NO. C32170
SECTION 3: ATTACHMENTS
Attachment 2:
Frequency Schedule
C32170 SECTION 3, ATTACHMENTS
LMA Contract Work Schedule Legend .
Days:
Weeks:
Month:
M = Monday
W 1 = 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 p.m.),on Frida
E
Three times weekly Monda , Wednesday, Friday)
F
Bi-week) eve 2 weeks
G
Monthly 12 times per year, every month
H
Bi-Monthl 6 times per yeare every two months
I
Quarterly 4 times per ear
J
Semi-annual) 2 times per ear
K
Annual) 1 time er ear
L
Seasonal
P
Q
Monthly, from May to October 6 times
October 1 to ril 30 eyery other week: M2y 1 to September 30 week)
S
Daily, before 7:00 a.m., 7 days per week
T
Weekly, on Friday, by 6:00 a.m.
ntinuous) November 1 — March 31; month) ril 1 — October 31Aril
FFIR-Oie-kly
1 — October 31; monthly November 1 — March 31
�a.� I� �( I .•r tAA� I�
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 16
PROJECT NO.916-12, CONTRACT NO. C32170
SECTION 3: ATTACHMENTS
Attachment 1:
Work Schedule
C32170 SECTION 3, ATTACHMENTS
Contact Work Schedule - Area 1G
There will bmat least 1leadmanand 2 laborer ����������T��m���bea
separate - Taahmcon�ohabadoafoUovxm
part time irhoabor.K8ovnn0wiUbedone xx�hooepana�'nmowcrew. '
(see schedule):
Daily tasks will be completed_ daily
cfi
Weekly tasks will be completed on the daV/days; the crew will be working in the spe i c area
Bi-weekly tasks will be worked on on the_�Asqrje�d days with the task being com-p
jeted every two weeks
Monthly tasks will be worked on every week in the specific areas with the task being completed once a
month
Regular tasks completed Monday thru Wednesday leaving Thursday and Friday for power washing (other
than dog parks) and other tasks in areas needing additional attention.
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.
Fertilization and Aeration 4x per year as directed considering use of field, time of the year and condition
ofturf. Type offertilizer would also beconsidered.
WaterRite, Tree Rite, Turfscapes and Schmidt Services are all available to help if additional help or
experience ierequired bythe assigned crew.
Aphids/scale onoaks treated with inoidec|orphd February and May o,andirected.
*If Vintage is awarded multiple contracts it would allow for more dedicated personal and equipment to the
City mfPalm Desert.
Detailed below isthe pruning schedule for Area 16 The following iaabreakdown ofthe specific plant
material that will bepruned and the pruning period for each species (epmoiaancd|ietodohaUbapmunmd
according boCity ofPalm DeaarysLandscape Maintenance Guide:
January through February — prune all plants aoneeded, including Enoo|ias.RuaUioa.JueUoia.Lantana,
Cooma|pina. AnlbFoa|mUunnoma (nminima|) and others.
prune all plants as needed, including Luecophyllurn sp, Lantana, Calliandra sp,
Bougainvillea ap.Cassia ep(after flowering) and others.
March — April — prune as needed, including Leucophyllum, Lantana, Calliandra sp, Bougainvillea sp,
Caeoimspand others.
6RL prune aoneeded, including Bacoondmsp. and NoriumPetite Oleanders.
May: prune oaneeded, including Qa|easp.
June: prune ooneeded, Acacia nedo|ena
June - September prune as needed, remove all dead flower and spikes from Encelias, Dasylirion
wheeled, Hmopenm|meparVU0onaand all Yuccas.
Contract No. C32170
AGREEMENT
This AGREEMENT is made and entered into this 27th 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.
16 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
Two Hundred Eighty Thousand and 00/100 Dollars ($) 280,000.00
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. C32170
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)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. C32170
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 VINTAGE ASSOCIATES, INC.
A Municipal Corporation
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. C32170
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)
4
Contract No. C32170
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 NO. 16
PROJECT NO. 916-12
CONTRACT NO. C32170
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 Eighty Thousand and 00/100 Dollars ($ 280,000.00 ),
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. C32170
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
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
n
Contract No. C32170
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. 16, PROJECT NO.
916-12, CONTRACT NO. C32170, (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 Eighty Thousand and 00/100 Dollars
($ 280,000.00 ), 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
performed thereunder or the Specifications accompanying the same shall in any way
7
Contract No. C32170
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:
C
Vintage Associates, Inc.
(Typed Name of Contractor)
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
SURETY:
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).
E.
Contract No. C32170
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
IF TO SURETY:
(Name of Surety)
(Street Address) (Telephone number)
(City, State and Zip Code)
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)
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Freedom Park / Community Gardens
+/- 588,552 Sq Ft
Stonebridge Easements
+/- 97,133 Sq Ft vp�N �qR
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+/- 30,555 Sq Ft
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Date:
4/2012 VICINITY MAP
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.