HomeMy WebLinkAboutC32600 - LMA No. 2 - 24-Month Periody
� Contract No. C32600
CITY� OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32600 FOR LANDSCAPE
MAINTENANCE AREA NO. 2 TO KIRKPATRICK LANDSCAPING
SERVICES, INC., OF INDIO, CALIFORNIA, FOR A TWENTY-
FOUR MONTH CONTRACT IN THE AMOUNT OF $207,960,
PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF THE
CONTRACT AMOUNT, OR $41,952, FOR EXTRA REPAIR WORK
AND SERVICES (PROJECT NO. 902-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Kirkpatrick Landscaping Services, Inc.
43-752 Jackson Street
Indio, CA 92201
DATE: May 9, 2013
CONTENTS: Proposal
Agreement and Bonds
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C32600 for Landscape Maintenance Area (LMA)
No. 2 to Kirkpatrick Landscaping Services, Inc., of Indio, California, for
a twenty-four (24) month contract in the amount of $207,960 ($103,980
per year);
2. Include extra repair work and services in an amount not to exceed 20
percent of the twenty-four (24) month contract amount, or $41,592; and
3. Authorize the Mayor to execute the contract.
Funds are available in the General Fund Account No. 110-4614-453-3370,
Repair/Maintenance Medians.
Backqround
The contract for LMA No. 2 has previously been awarded on a low-bid selection basis.
However, during the last several years, awarding the contract based only on price has
resulted in contractors providing unrealistically low bids and then not being able to
Contract No. C32600
Staff Report
Award Landscape Maintenance Area No. 2
Page 2 of 3
May 9, 2013
perform the work according to the contract specifications. When contracts for four other
LMAs expired last year, staff revised 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. Over the last year, the vendors selected using the new selection process
have proven to be reliable and have provided good service without the need for staff to
resort to assessing deficiencies, which was a common occurrence with past vendors
selected using the low-bid process.
A Notice Inviting Requests for Proposals was advertised on April 5, 2013, and proposals
were received from the following companies:
Contractor
Kirkpatrick Landscaping Services
Excel Landscape
Vintage Associates, Inc.
Mariposa Landscapes, Inc.
24 Month
Main Location Proposal Amount
Indio,CA $207,960
Corona, CA $257,040
Bermuda Dunes, CA $257,280
Irwindale, CA $335,712
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 based on the location of the proposer's main office of operations with higher
points awarded for a Coachella Valley main office. Based on this thorough review, the
selection committee recommends awarding the contract to Kirkpatrick Landscaping
Services, Inc.
The FY 2013-14 budget for this LMA was prepared based on the current 12-month
contract amount of $68,160. The current contract was bid three years ago as a standard
public works bid (low-bid selection) during a period of little work and corresponding low
prices, and the contract scope of work was altered to lower costs. This altered scope
included increasing the intervals between certain work activities, and work normally
done by a contracted vendor was picked up by Landscape Services staff. It is now
apparent that the expanded intervals have resulted in the deterioration of the
landscapes. Also, with the reduction in Landscape Services staff, they are no longer
able to keep up with the work activities they assumed from the contractor. As a result,
the intervals in the new contract have been modified to insure that landscapes do not
deteriorate, and the work staff was doing has been added back into the new contract.
The new service-based selection process has resulted in a more realistic amount
needed to perform the contractual work. These aforementioned points have resulted in
a net annual increase in costs for the new contract. This annual increase is $35,820
above the existing contract and what was budgeted for FY 2013-14. This difference will
be addressed at the mid-year budget review.
Staff Report
Award Landscape Maintenance Area No. 2
Page3of3
May 9, 2013
Contract No. C32600
Extra repair work and services covers unquantifiable activities necessary for landscape
maintenance, which are not part of the landscape maintenance contract. This repair
work and services includes, but is not limited to, repair and replacement of irrigation
equipment; repair, maintenance and replacement of lighting equipment; emergency tree
work; replacement of trees and shrubs; pest control; and accident and vandalism repair
and replacement.
Fiscal Analvsis
The amount budgeted in the FY 2013-14 budget for this work was based on a low bid
selection process. The service-based selection used for this contract, which evaluates
cost .as well as other factors, has resulted in a higher cost. This difference will be
addressed at mid-year budget review. This is an on-going maintenance activity with no
fiscal impact beyond the contract and extra repair work amounts.
Prepared By:
Vlanager
I S. Gibson, Director of Finance
Approval:
E�r�� � �
C�''��.
n M. Wohlmuth, City Manager
Depa:t ent��ead:
;
/
Mark Grer�n od, P.E.
Director of Pu�lic Works
CITY COUNCILAC�'ION
APPROVF,D �� DENiED
RECEIVED . OTHER
Mi;ETING DATE �� - �'/ - �O ( �
AYES: nsan, Sn� „o� � �� r- (�� a�, m�lr
NOES: � _
AI3SF,NT: 1�1_.�. '
ABSTAIN; 1JDYL�. '
VFRIFIED I3Y: KD�IC� �
Original on File with� City Cle►•k s Office
CtTY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 2, 2013-2015
PROJECT NO. 902-13, CONTRACT NO. C32600
CONTRACTOR'S PROPQSAL SUBMiSSfON FORMS
COST PROPOSAL
TO: CITY OF PALM DESERT, "CITY"
DATE: April 23, 2oi3
PROPOSER: Kirkpatrick Landscaping Services, Inc. "CONTRACTOR"
The undersigned declares thai he/she has carefully examined the Terms and
Conditions, the General Terms and Conditions, the Specific TeRns and Conditions, and
the Attachments accompanying the Notice lnviting Proposal; and Addendums
No.(s) i that he/she is thoroughly famitiar with the contents thereof, and is
authorized to represent the respective firm and propose services to City of Palm Desert.
(t is understood that the price shown hereon includes all routine and seasonal
maintenance described in the spec�cations.
The costs of any work shown or required in the Specifications, but not spec�cally
identified as a Contract Pay Item are included in the Contract Pay Items, and no
additional compensation shall be due Contractor by virtue of Contractors compliance
with the Specifications.
For each item, the averaged one-month maintenance cost shall be indicated and the
total of these costs shall be extencled for the term of the contract. This contract will
begin July 1, 2013, ending June 30, 2015, with an option for two one-year extensions at
the City's option and based on Contracto�'s performance. Proposer must provide costs
for all items below.
ITEM
1
2
3
DESCRIPTION
PRICE
�MONTHLIf)
� 9so
$ 1,450
PRICE
(ANNUALLY)
$ ii,400
� 17,400
� 1,800
� 4,800
Monterey Avenue medians and planter
Fred Wa�ing Drive medians and parkway
Town Center Way medians
4 Cook Street meclians
5 Hovtey Lane East medians
(Includinq Kansas Street Retention Basin)
6 Portola Avenue median and pa�lcway
7 Via Cinta median
C32600 SECTfON 1, CONTRACT DOCUMENTS
� � 150
� � 400
I$ 300
� $ soo
� $ 304
$ 3,600
� b,000
$ 3,600
Page 9
8 Phyilis Jackson Lane parkway
9 Etdorado Drive median
10 Washington Street medians
11 74833 Joni Drive (old Corporation Yard)
12 Corporation Yard
13 Magnesia FalEs Drive medians and parkway
sidewalk path north of Palm Desert High
School from Deep Can�on to Cook Street
14 San Pablo Avenue meclians
15 Town Center Way Fire Station
16 Portola Fire Station
x ,°����
�; ����.
.> � ,
� 200
$ 9so
$ 1,200
� 150
� iso
� i,000
$ 2,400
$ ii,400
$ 14,400
� 1,800
$ i,soo
$ �z,aoo
$ 315 � 3,780
$ 300 � 3,600
� 350 � 4,200
:;d :r��; "v''.�, �b�Y a, �'q, -" e. ,,, r.,- ,',
�, g � � ��� � ¢�;. �103; `:>�80 '
TOTAL AMOUNT BASE PROPOSAL tN FIGURES $ 103,980
TOTAL AMOUNT BASE PROPOSAL !N WORDS One Hundred Three Thousand
Nine Hundred Eighty Dollars and no cents
IN WITNESS WHEREOF CONTRACTOR e s rop s of date set forth:
By: _
Signature
Steven irkpatrick, President
Tltl@: Kirkpatrick Landscaping Services, Inc.
CONTRACTOR
State of California )
)
County of �t �S � �- )
Subscribed and sworn to (or affiRned) before me on this Z� day of PP�( �--
(month), 2o 13 (year), by 5�1--etK n T 1�.� �� �.-t-�cu ek
, proved to me on the basis of satisfactory evidence to be the person�
who appeared before me.
�..+
0. IAITINEN
Cqnmisslon � 1984510
'� ' rJ'- / � N°Unr Publlc - C�Nforni�
Signature of Notary � uw � � �,����,�j�ois �
C32600 SECTION 1, CONTRACT DOCUMENTS Page 10
LANDSCAPE MAINTENANCE AREA NO. 2, 2013-2015
PROJECT NO. 902-13, CONTRACT NO. C32600
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
ADDITIONAL WORK PRlCING SCHEDULE
LABOR
Additional Laborer $ i8, oo per hour
Additional Irrigator $ 20.00 per hour
Additional Foreman $ 22. oo per hour
At City's discretian, additional work may be paid for using the contractual hourly rate for
labor listed above with a 15°lo mark up on materials or by using the unit pricing listed
below.
PLANT MATERIAL REPLACEMENT
Unless otherwise described, replacement p(ant material will be whatever is normal and
customary for the City of Pa[m Desert.
i-Gallon Shn.ib Installed
5-Gallon Shn.�b Installed
15-Gallon Tree Installed*
24"-Box Tree Installed*
$ 9.00
$ 19.00
�� �� ��
$ 25a.00
Note: Anything over 24" box size will be paid at the contractuaf hourly rate for
labor, and materials at cost plus a 15% mark-up.
'Includes the following: digging of hole, setting of tree, backfilling, watering-in of tree,
staking (if needed), and securing with cinch ties
TURF MAINTENANCE
Mowing:
Labor & Equipment $ s. oo per 1,000 sq ft
IRRIGATION SYSTEM REPAIR
Irrigation repairs wil! be paid at the hourly rate indicated above and with a 15% mark-up
on materials.
C32bG0 SECTION 1, CONTRACT DOCUMENTS Page 11
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 2, 2Q13-2015
PROJECT NO. 902-13, CONTRACT NO. C32600
CONTRACTOR'S PROPOSAL SUBMISSION FORMS
WORK EXPERIENCE AND TECHNICAL ABiLITY OF THE PROPOSER(S)
ATTACH ADDITlONAL SHEETS AS NECESSARY TO PROVtDE 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. 922U1
EMERGENCY CONTACT PERSON:
Name: Jesse Quiroz
Phone: 7b0-250-1b53
3. CONTRACTOR LICENSE INFORMATION:
• LICENSE NUMBER/CLASSIFICATION/NAME STYLE:
503360 / C-27 / Kirkpatrick Landscaping Services, Inc.
• NUMBER OF YEARS UPERATING UNDER ABOVE LICENSE/NAME
STYLE: 2�
• LlCENSE EXPIRATION DATE:
12/31JZU14
C32600 SECTION 9, CONTRACT DOCUMENTS Page 12
• CURRENT LICENSE STATUS:
Active
• PRIOR ACTIONS AGAiNST THIS LICENSE? None
IF YES, LIST CITATION TYPE AND HOW RES4LVED:
4. COMPANY'S FEDERAL tDENTIFICATION NO.: 95-3655047
5. NAME AND TITLE OF COMPANY OFFICERS:
Steven Kirkpatrick President
Debra Kirkpatrick Secretary
6. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE
MA(NTENANCE SERVICES: 45 .
7. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE
MAINTENANCE SERVICES FOR PUBLlC AGENCIES: 36
8. NUMBER �F YEARS COMPANY HAS PROVIDED LANDSCAPE
MAINTENANCE SERVICES !N THE COACHELLA VALLEY: 45
9. CURRENT LANDSCAPE MAlNTENANCE OPERATIONS
THE CITY RECOGNIZES THAT 7'HE /NFORMATION PR�VIDED BY
ANSWERIIVG THIS QUEST/ON (QUESTION 9)1S PROPRtETARY IN NATURE,
AND IF THE PROPOSER ELECTS THAT TH/S INFORMATION BE KEPT
CONFlDE1VTIAL, IT MUST BE SUBM/TTED iN A SEPRATE ENVELOPE
MARKED "CURRENT LANDSCAPE MAINTE/YANCE OPERATIONS" AND
SUBMITTED SEALED WITHIN THF PROPOSAt.
• TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 22
• PERCENTAGE OF TOTAL CONTRACTS WITH PUBLtC AGENCIES: 2oz
• PERCENTAGE OF TOTAL CONTRACTS !N THE COACHELLA VALLEY:
iooz
• PERCENTAGE OF TOTAL PUBLIC AGENCY CONTRACTS IN THE
COACHELLA VALLEY: 100�
• TOTAL DOLLAR VALUE OF �ANDSCAPE MAINTENANCE CONTRACTS:
Four Million
• PUBLIC AGENCY PERCENTAGE OF TOTAL MAINTENANCE CONTRACT
VALUE (Based on dollar value): 2oz
C32600 SECTION 1, CONTRACT DOCUMENTS i�age 13
• NUMBER OF EMPLOYEES COMMlTTED TO LANDSCAPE MAINTENANCE
OPERATIONS (Total company-wide)
Title.. . .�':,'�� . - . $ Numtier; �',AVeraAe'Compensation*� .;��,Unit::"4:.:„r,
Supervisor 3 $s,000 Per Mo
Irrigation Technician 2 �30.0o Per Hour
Foremen 15 � 20 . oo Per Hour
l�aborer ss $ i 2. oo Per Hour
*Use fully burdened rate (i.e., taxes, insurance, benefits, OH & P)
� TYPE & NUMBER OF VEHICLES & POWER EQUtPMENT COMMITTED TO
ALL LANDSCAPE MAINTENANCE OPERATtONS (include sample photos):
➢ AAOTOR VEHICLES
.
•
.
•
.
.
TYPE: Pick-up Trucks
TYPE: Utility Body Trucks
TYPE: Flat Bec! Tnacks
TYPE: Boom Truck
TYPE: Chiuver
TYPE:
TYPE:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
25
18
9
2
3
➢ POWER EQUIPMENT
MOWERS - Rotary (Large Area)
• TYPE: ,7acobsen Mulcher
• TYPE: Exmark 2 bags
• TYPE: Kubota Mulcher
• TYPE:
MOWERS - Rotary (Small Area)
• TYPE: Toro 21 inch
• TYPE: Exmark 21 inch
• TYPE:
• TYPE:
MOWERS - Reel (Large Area)
• TYPE: Tri-K3.n�
• TYPE: �; oro 5300
• TYPE: Jacobson 3800
• TYPE:
MOWERS - Rotary (SmalE Area)
• TYPE: Tru-Cuts
• TYPE: �x3.mmuers
• TYPE:
• TYPE:
MOWERS - Other
• TYPE: None
• TYPE:
• TYPE:
• TYPE:
C32600 SECTION 1; CONTRACT DOCUMENTS
NUMBER: �
NUMBER: �4
NUMBER: 3
NUMBER:
NUMBER: 20
NUMBER: io
NUMBER:
NUMBER:
NUMBER: 3
NUMBER: i
NUMBER: 1
NUMBER:
NUMBER: 18
NUMBER: Z�
NUMBER:
NUMBER:
NUMBER:
NUMBER: �
NUMBER:
NUMBER:
, Page 14
TURF SWEEPERS and VACUUMS
• TYPE: BilZy Goat NUMBER:
• �(pE; olathe NUMBER:
' • TYPE: NUMBER:
• TYPE: NUMBER:
AERATORS
• TYPE: John Deere
• TYPE:
• TYPE:
• TYPE:
SEEDERS
• TYPE: Liily
• TYPE:
• TYPE:
• TYPE:
SPRAYERS
• TYPE: 100 Gallon
• TYPE:
• TYPE:
• TYPE:
TRACTORS
• TYPE: Bobcat
• TYPE:
• TYPE:
• TYPE:
UTlLlTY VEHICLES
• TYPE: Vantaae
• TYPE:
• TYPE:
• TYPE:
;� NON-POWER EQUIPMENT
TRAILERS
• TYPE: �at Bed
• TYPE: Utilitv Trailer
• TYPE:
• TYPE:
OTHER
• TYPE: None
• TYPE:
• TYPE:
• TYPE:
2
3
NUMBER: 1
NUMBER:
NUMBER:
NUMBER:
NUMBER: 1
NUMBER:
NUMBER:
NUMBER:
NUMBER: 2
NUMBER:
NUMBER:
NUMBER:
NUMBER: �
NUMBER:
NUMBER:
NUMBER:
NUMBER: 17
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
3
14
NUMBER:
NUMBER:
NUMBER:
NUMBER:
C32600 SECTtON 1, CON7RACT DOCUMENTS , Page 15
10. REFERENCES
• 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 ADDtTI�NAL SHEETS IF NEEDED.
REFERENCES
Annual Contract
Amount
1 $ 181•350.00
Contract Name,
Number &
Location
City of Coachella
760-348-3502
(Name & Number)
Contract Location
LLDs
Length of Public Agency
Contract Contact lnformation
3 Years Citv of Coachella A9ency Name
1515 6th Street Address
Coachella, CA 92236 CitylstatelZip
760-398-3502 Phone
Co�tract
Robert Rivera Administrator
2 $ 468,Z68.00
City of Indian Wells
760-777-7052 5 Years
(Name 8� Nixnber)
Cont�act Location
Citywide
City of Indian Wells�qgency Name
44-950 El Dorado Dr Address
Indian Wells 92210 City/State�Zip
760-777-7052 Phone
Contract
Tim Wassil AdminisUator
3 $ 165,987.00
City of Rancho Mirage
760-324-4511 1 Year
(Name 8� Number)
Contract Location
HousinQ Authority
City of Rancho Mirageqyency Name
69-825 Hi�hway 111 Adc�ess
Rancho Mira�e CA 9227�1y/StatelZip
760-324-4511 Phone
Sean Smith �ntrect
Adminfstrator
THE FOLLOWING QUESTIONS W{LL BE ASKED 4F 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 projecUcontract standards?
• Does the contractor respond to complainUrequests in a timety fashion?
• Does the contractor resolve deficiencies without assessing contractual fines
and/or deflciencies?
• Would you accept future proposais/bids from this firm?
C3260Q SECTION 1, CONTRACT DOCUMENTS , Page 16
PROPOSED FACILITIES, EQUIPMENT � STAFFING SCHEDULE
Facilities:
List location/address and telephone phone number of facility(ies) from which work crews
and equipment will be dispatched.
43-752 Jackson Street
Indio, CA 92201
760-347-6426
Eauipment:
List equipmeni to be furnished to execute work tasks specified in this Agreement,
Generai Provisions, and Special Provisions. Use additionai sheets as necessary.
fnclude photos.
➢ POWER EQUIPMENT
MOW ERS
• TYPE: None
• TYPE:
• TYPE:
• TYPE:
TURF SWEEPERS and VACUUMS
• TYPE: None
• TYPE:
• TYPE:
• TYPE:
AERATORS
• TYPE: None
• TYPE:
• TYPE:
• TYPE:
SEEDERS
• TYPE: None
• TYPE:
• TYPE:
• TYPE:
SPRAYERS
• TYPE: 100 �allon
• TYPE: �LL
• TYPE:
• TYPE:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
1
C32604 SECTION 1, CONTRACT DOCUMENTS ; Page 17
TRACTORS
. -�-ypE; None NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
• TYPE: NUMBER:
UTILITY VEHICLES
• TYPE: None
• TYPE:
• TYPE:
• TYPE:
NUMBER:
NUMBER:
NUMBER:
NUMBER:
PROPOSER ACKNOWLEDGES THAT THE COMPANY HAS AN
APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER D HAND
TOOLS TO COMPLETE CONTRACTUAL WORK. (Please initialj
Staff:
List the employees, both labor and supervision, to be routinely assigned to execute
work tasks specified in this Ag reement, Generai 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 Projec; Manager(s) — include any relevant
education, certification, licensing information and years of experience for each person
listed). Use additional sheets as necessary
Supervision - S hours weekly (S)
Project ManaAer - 40 hours weekly
Irri¢ation - 40 hours weekly
General Labor - 40 hours weekly
C32600 SECTIQN 1, CONTRACT DOCUMENTS , Page 18
Tree Pruninq and Maintenance
(Include any ISA or equivalent cert�ed personnel and years of experience)
Steven Kirkpatrick - Certified Arborist WE-2289A - 45 Years
Isaac Kirkpatrick - Certified Arborist WE-4219A - 21 Years
IRiqation System Maintenance
(List technical personnel — include any relevant education, certification, licensing
information and years af experience for each person listed)
Isaac Kirkpatrick - Landscage Water Conservation - 21 Years
Adolfo Sardina - Smart Controller Training - 33 Years
Pesticide Apalication
(List licensed and/or cert�ed personnel and years of experience - atl non-licensed, non-
certified personnel must have received verifiable annual training) Use additional sheets
as necessary.
Isaac Kirkpatrick - QAL 104569 - 21 Years
Jesse Quiroz - QAC 80084 - 29 Years
C32600 SECTION 9, CONTRACT DOCUMENTS Page 19
Landscape and Irriqation Desiqn
(List personnel with formal training and certificates and years of experience)
None
Other Staff Traininq and Formal Education
(Including years of experience)
Isaac Kirkpatrick - Degree in Ornamental Horticulture - 21 years
C32600 SECTION 1, CONTRACT OOCUMENTS Page 20
PROPCISED 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 Specia! 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. Coniractor shall submit monthly veriftcation 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 witl
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 an 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-OlI Landfill Road
Coachella, CA 92236
760-863-4364
Truck drivers turn their dump tickets in on a weekly basis and the
office staff will make copies and su�mit to the city an a monthly basis.
C32600 SECTION 1, CONTRACT DOCUMENTS , Page 21
LIST OF SUBCONTRACTORS
SUBCONTRACTORS:
in compliance with the provisions of the Govemment Code, Section 4102, ihe
undersigned prosper herewith sets forth the name and focation of the place of business
af 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°!0) of the general contractors 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
C32600 SECTION 1, CONTRACT DOCUMENTS Page 22
PROPOSAL AFFtRMATION
With regard to the information provided hereinabove, 1 a�rm that:
• All information provided is true and correct to the best of my knowledge, and;
• I understand that a materially false statement willfully or fraudulently made in
connection with this Proposal ma� result in the termination of an�r contract between
the Cltj/ of Palm Desert and irkpatrick Landscaping Servi ces, 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 a�firmation.
FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED
. � � Z�' � � �
Signature / / ate
�/
Steven J. Kirkpatrick
Printed Name
President
Title
Kirkpatrick Landscaging Services, Inc.
Company Name
C32600 SECTIQN 1, CONTRACT DOCUMENTS � Rage 23
NON-COLLUSION DECLARATION
To Be Executed by Proposer(s) and Submitted with Proposal
The undersigned declares:
Kirkpatrick Landscaping
I am the President pf 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 directiy or indirectly induced or solicited any other Proposer(s) to put in a false or
sham Proposal. The Proposer(s) has not directly or indirectiy 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 Propasal
price of the Proposer(s) or any other Proposer(s), or to fix any ovefiead, profit, or cost
element of the Proposal price, or of that of any other Proposer(s). Ali 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 eniity for such purpese.
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 decfare under penalty of perjury under the laws of the State of Califomia that
the foregaing is true and correct and that this dedaration is ex�cyted on f�o.�. l
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04:20:33 p.m. d4-16-2013 112
Ci#y of Palm Desert
ADDENDUM NO. 1
for
LANDSCAPE MAINTENANCE AREA 2
Project No. 902-13
Contract No. C32600
Issued April 16, 2013
/MPORTANT IItOTE: RECE/PT OF THlS ADDENDUA� A�UST 8E ACKNOWLEDGED
/N CONTRACTOR'S PROPC3.4AL �'�
ARK C�Rk`EIaWOOD, P.E.
ECTOR OF PUBLIC WORKS
7 -510 FRED WARINQ DRIVE
PALM OESERT, CALIFORNIA 92260
760-347-7098
04:20:43 p.m. 04-16-2013 2/Z
LAAlDSCAPE MAINTENANCE AREA NO. 2
PRfJJECT NO. 902-13
CONTRACT NO. C32600
ADDENDUM N0.1
This eddendum respcnds #o a wrltten ques#ion submitted on Apri18, 2013.
Queadon: My question regarding Contract C32600 on the fifth paragraph of the City
of Palm Desert Notice Inviting Proposai dacument; it mentions the City's MS4 Permit,
Does that appty to the landscape maintenance, ff so how are we able to obtatn the
permit? .
Answer. The City's MS4 Perm� does apply to landscape maintenance activi�es.
The permit requires that only rein water can enter the storm drain system. Ail other
debrls, solids and iiquids, must be kept out. There is a link to this� document on the
City's website.
Contract No. C32600
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 2, 2013-2015
PROJECT NO. 902-13, CONTRACT NO. C32600
AGREEMENT
This AGREEMENT is made and entered into this 9th day of Mav
2013, 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 April 5, 2013, City invited Proposals for landscape maintenance
services for City-maintained properties known as Landscape Maintenance Area No. 2
per specifications; and
WHEREA�, 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 July 1, 2013, through June 30, 2015,
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 Seven Thousand Nine Hundred Sixty and 00/100 Dollars ($207,960.00) 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,
our connection with, or relatinc
agents, employees, and subcc
performance or non- perform�
investigate any and all claim;
liabilities or damages of whatsoever nature arising out of
in any manner to, any act or omission of Contractor, his
�tractors and employees thereof in connection with, the
ice of this Agreement. The Contractor shall thoroughly
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.
Contract No. C32600
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.
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.
Contract No. C32600
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.
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
A Municipal Corporation
KIRKPATRICK LANDSCAPING
SERVICES, INC.
JAN C. HARNIK, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P .E.
DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
Contract No. C32600
CONTRACTOR NOTARY ACKNOWLEDGMENT
State of California
County of Riverside
}
} SS
}
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
State of California
County of Riverside
CITY NOTARY ACKNOWLEDGMENT
}
} SS
}
(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)
Contract No. C32600
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 2, 2013-2015
PROJECT NO. 902-13, CONTRACT NO. C32600
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 NO. 2
PROJECT NO. 902-13
CONTRACT NO. C32600
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 Two
Hundred Seven Thousand Nine Hundred Sixty and 00/100 Dollars ($207,960.00), being
100°/o 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.
Contract No. C32600
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.
IN WITNESS WHEREOF, identical counterparts of this instrument, each of
which shall for all purposes be deemed an original thereof, have been duly executed by
the Principal and Surety above named, on this day of , 20
SURETY
:
PRINCIPAL
C�'�
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
Contract No. C32600
CITY OF PALM DESERT
LANDSCAPE MAINTENANCE AREA NO. 2, 2013-2015
PROJECT NO. 902-13, CONTRACT NO. C32600
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 May 9, 2013, and described as follows:
LANDSCAPE MAINTENANCE AREA NO. 2 PROJECT NO. 902-13, CONTRACT NO.
C32600, (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 Two Hundred Seven Thousand Nine Hundred Sixty and 00/100
Dollars ($207,960.00), 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 pertormance 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.
Contract No. C32600
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
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 befinreen 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:
:
(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 lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance 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. C32600
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)
(Telephone number)
(City, State and Zip Code)
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MASTER MAINTENANCE ACTIVITY
Prune shrubs, hedges, ground covers (not bougainvillea)
PEST CONTROL
Prune bougainvillea
Safety -prune plank material
IRRIGATION SYSTEM
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