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Home My WebLink AboutC32620 - LMA No. 7 - 24-Month PeriodContract No. C32620 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C32620 FOR LANDSCAPE MAINTENANCE AREA NO. 7 TO KIRKPATRICK LANDSCAPING SERVICES, INC, OF INDIO, CALIFORNIA, FOR A TWENTY- FOUR MONTH CONTRACT IN THE AMOUNT OF $192,823.02, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF THE CONTRACT AMOUNT, OR $38,564.60, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 907-13) 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 Kirkpatrick Landscaping Services Acceptance of Cost Adjustment Agreement and Bonds Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C32620 for Landscape Maintenance Area (LMA) No. 7 to Kirkpatrick Landscaping Services, Inc., of Indio, California, for a twenty-four (24) month contract in the amount of $192,823.02; 2. Include extra repair work and services in an amount not to exceed 20 percent of the twenty-four (24) month amount, or $38,564.60; and 3. Authorize the Mayor to execute the contract. Funds are available in the respective Landscape and Lighting District accounts. Backqround The contract for LMA No. 7 fias 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 perform the work according to the contract specifications. When contracts for four other Staff Report Award Landscape Maintenance Area No. 7 Page 2 of 3 May 9, 2013 Contract No. C32620 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 Mariposa Landscapes, Inc. Vintage Associates, Inc., Excel Landscape 24 Month Main Location Proposal Amount Indio, CA $207,760.56 Irwindale, CA $299,269.76 Bermuda Dunes, CA $314,400.00 Corona, CA $337,996.36 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. Staff compared Kirkpatrick's proposed costs against each Landscape and Lighting Assessment Districts' budget. There were three districts whose budgets were less than Kirkpatrick's costs. Staff negotiated with Kirkpatrick for these three districts and the frequency of work activities was adjusted allowing Kirkpatrick to provide service at the budgeted rate; therefore, the two year contract price will be $192,823.02. The FY 2013-14 budget for this LMA was prepared based on the current annual 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. Staff Report Award Landscape Maintenance Area No. 7 Page 3 of 3 May 9, 2013 Contract No. C32620 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 $28,251.51 above the existing contract and what was budgeted for FY 2013-14. This difference will be addressed at the mid-year budget review. 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: � �� pe er Kr ig ,_andscape Manager S. Gibson, Director of Finance App��v I: ��s� � Jo M. Wohlmuth, City Manager ; �iead: Mark Gr en ood, P.E. Director f P�blic Works CiTY COUNCILACTION APPROVED � DENTED RECEIVED OTHER ME�TING DATE �- q� c�-�� AYES: �1� NOES: _�hp- ABSENT: _�Qn�° - ABSTAIN: �'e VERIFIED BY:_ �K� Original on File wiih City Clerk's Office CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 7� 2013 2015 PROJECT NO. 907-13, CONTRACT NO. C32620 CONTRACTOR'S PROPOSA� SUBMISSION FORMS COST PROPOSAL TO: CITY OF PALM DESERT, "CITY" DATE: April 23, 2013 PROPOSER: Kirkvatrick Landscauin¢ Services, Inc. "CONTRACTOR" The undersigned declares that he/she has carefuliy 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) „e,�� that helshe is thoroughiy familiar with the contents thereo#, and is authorized to represent the respective �rm and propose services to City of Paim Desert. It is understood that the price shown hereon includes a!i routine and seasonat maintenance described in the specifications. The costs of any work shown or required in the Specifications, but not specifically ident�ed as a Contract Pay Item are inciuded in the Lontract Pay ttems, and !�o 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 shali be extended far the term of the contract. This contract will begin July 1, 2013, ending June 30, 2Q15, with an option for two one-year extensions at the City's option and based on Contractor's performance. Proposer must provide costs for ail items below. DESCRIPTION 1 WARING COURT 2 VINEYARDS 3 PORTOLA PLACE 4 THE GROVE 5 PAIM GATE 6 PRIMR�SE Il 7 DESERT MIRAGE 8 CANYON CREST 9 COI.LEGE VIEW ESTATES I 10 COLLEGE VIEW ESTATES II AREA AREA (sq.ft.) (sq.ft.) 12,262 6,320 COST per sq.ft. $ .18 $ .39 $ .37 $ .35 $ .10 $ .67 $ .20 $ .15 $ .25 PRICE (MonthlY) PRtCE (Total Cantract) $2,207.16 $ 2,464.80 $ 2,175.97 $ 6, 445. 25 � 732.OQ � 3, 597. 90 � 4, 599. 60 5,881 18,49 5 7,320 5,370 22,998 16,782 11,920 8,158 C32620 SECTION 1, CONTRACT DOCUMENTS $ .37 � 183.93 $ 205. �►0 $ 181.33 $ 537.10 $ 61.00 $ 299.82 $ 383.30 $ 209.77 $ 248.33 $ 251.53 � 2,517.30 � 2, 980. 00 $ 3,018.46 Page 9 11 SUNDANCE WEST 12 SUNDANCE EAST 13 PETUNIA I 14 BOULD�RS 15 KAUFMAN 8� BROAD 16 PALM DESERT CNTRY CLUB 17 PRESIDENTS PLAZA 18� II 18 PRESIDENTS PLAZA III THE G�EN MONTEREY MEADOWS .� a SONATAI a SONATA 11 0 �, HOVLEY ESTATES L � LA PALOMA 1 � lA PALOMA II f- � LA FALOMA tll � HOVLEY COLLECTlON z � SANDPIPER COURT � J SANDPIPER COURT WEST > = HOVLEY COURT WEST DIAMONDBACK PALM COURT 19 HOVLEY LANE WEST TOTAL: TOTAL (Corrtract total must match TOTAl, befow) 8,248 3,160 10,044 19,320 10,624 9,830 9,830 3,600 22,120 10,100 10,'I 00 12,675 3,600 3,600 136,851 6,600 6,960 9,660 3,600 43,628 27,04T 16,193 31,865 136,851 397,830 $ .45 $ .23 $ .37 $ 1.4d � .19 $ .31 $ .23 $ .13 $ .29 $ .32 � .28 $ .25 $ .28 � .29 $ .29 $ .20 � .19 $ .28 $ .28 $ .29 $ .20 $ .20 � .26 $ 247.50 $ ��970_00 $ 133.40 � 1,600.80 $ 297.85 $ 3,574.20 $ 420.00 $ 5,040.00 $ 694.77 $ 8,289.32 $ 698.71 $ 8,384.57 $ 310.36 $ 3,724.39 $ 345.20 $ 4,142.45 $ 199.33 $ 2,391.92 $ 84.27 $1,011.20 $ 234.36 $ 2,812.32 $ 402.50 , $ 4,830.00 $ 247.89 � $ 2,974.72 $ 237.56 $ 2,850.70 � 237.56 $ 2,850.70 $ 60.00 $ 720.00 � 350. 23 '$ 4, 202. 80 $ 235.67 $ 2,828.00 $ 235.67 � 2,828•00 $ 306. 31 �$ 3, 675. 75 � 60.00 ' $ 720.00 � 60.00 I $ 720.00 $ 2,951.35 I $35,416.11 � 8,656.6 $iQ3,880.28 TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ los.sso_?� TOTAL AMOUNT BASE PRUPOSAL IN WORDS One Hundred Three �ousand Eight Hundred Ei�htv Dollars and 28 cents IN WITNESS WHEREOF CONTRACTOR ex uted thi as of date set forth: By: � �� Signat�o be nota�ized o n xt page) Steven J. Kirkpatrick, President Tltl@: Kirkpatrick Landscapinst Services. Inc. CONTRACTOR C32620 SECTION 1, C�NTRACT DOCUMENTS Page 10 State of California County of �� V-e''`-`,��j`-a-' Subscribed and sworn to (o� affirmed) before m on this �-2- day of �►2t �-- (month), � � � (Year), by ��r`- �� !G �r k Q�.�-� Gle , proved to me on the basis of satisfactory evidence to be the person(�'j who appeared before me. Si nature of Nota J•�a.✓ �---' 9 �Y � O.IAiTI1�N � ConNNstbn # 1984510 Ntu�� Pubitc - CalHornla � eal Wrl�tr My Comm. Expirea ut 8, 2016 � C32620 SECTtON 1, CONTRACT DOCUMEN7S Page 11 LANDSCAPE MAINTENANCE AREA N0. 7, 2013-2015 PROJECT NO. 907-13, CONTRA►CT NO. C32620 CONTRACTOR'S PROPOSAL SUBMISSION FORMS ADDITIONAL WORK PRICING SCHEDULE LABOR Additionai Laborer $ �s.00 per hour Additiona! Irrigator $ 20 . oo per hour Additional Foreman $ 22. oo per hour At City's discretion, additional work may be paid for using the contractual hourly rate for labar listed above with a 15% mark up an 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-Galion Shrub Instalied 15-Gallon Tree Installed* 24"-Box Tree Installed* $ 9 . 00 $ z9.00 � ioo.00 $ 250.00 Note: Anything over 24" box size will be paid at the contractual hourly rate for labor, and materials at cos# plus a 15°lo 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 MAINTENA�ICE Mowing: Labor � Equipment $ s.00 r�er 1,000 sq ft IRRIGATION SYSTEM REPAIR Irrigation repairs will be paid at the houriy rate indicated above and with a 15% mark-up on materiais. C32620 SECTION 1, CONTRACT DOCtJMENTS Page 12 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 7, 2013-2015 PROJECT NO. 90T-13, CONTRACT NO. C32620 CONTRACTOR'S PROPCiSAL SUBMISSION FORMS WORK EXPERIENCE AND TECHNICAL ABILITY OF THE PROPOSER(S) ATTACH ADDITtONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONSES 1. COMPANY NAME: Kirkpatrick Landacaping Services, Inc. 1YPE: • Sole praprietor • Partnership • Corporation �c 2. COMPANY ADDRESS/PHONE NUMBER: MAtN OFFICE: 43-752 Jackson Street Indio, CA 92201 LOCAL OFFiCE: 43-752 Jackson Street Indio, CA. 92201 EMERGENCY CONTACT PERSON: Name: 3esse Quiroz Phone: 760-250-1653 3. CONTRACTOR LICENSE INFORMATION: • LICENSE NUMBER/CLASSIFICATION/NAME STYLE: 5Q3360 / C-27 / Kirkpatrick Landscaping Services, Inc. • NUMBER OF YEARS 4PERATING UNDER ABOVE LICENSE/NAME STYLE: 27 • LICENSE EXPIRATION DATE: 12/31/2014 C32620 SECTI4N 1, CONTRACT DOCUMENTS Page 13 • CURRENT LICENSE STATUS: Active . PRIOR ACTIONS AGAINST THIS LICENSE? None tF YES, LIST CITATION TYPE AND HOW RESOLVED: 4. COMPANY'S FEDERAL IDENTIFiCATION NO.: 95-3655Q47 5. NAME AND TITLE �F COMPANY OFFICERS: Steven Kirkpatrick President Debra Kirkpatrick Secretary 6. NUMBER OF YEARS COMPANY HAS PRO�/IDED LANDSCAPE MAiNTENANCE SERVtCES: 45 7. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAINTENANCE SERVlCES FOR PUBLIC AGENCIES: 3b 8. NUMBER OF YEARS COMPANY HAS PROV{DED LANDSCAPE MAINTENANCE SERVICES IN THE COACHELLA VALLEY: 45 9. CURRENT LANDSCAPE MAtNTENANCE OPERATIONS THE CJTY RECOGN/ZES THAT THE tNFORMATION PROVlDED BY ANSWERING THIS QUESTION (QUESTION 9) IS PROPR/ETARY IN NATURE, AND !F THE PROPOSER ELECTS THAT THIS INFORMATION BE KEPT CONF/DENTIAL, lT MUST BE SUBMITTED IN A SEPRATE ENVEtOPE MARKED "CURRENT LANDSCAPE MAINTENANCE OPERATIONS" AND SUBMITTED SEALED WITHIIV THE PROPOSAL. • TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 22 • PERCENTAGE OF TOTAL CONTRACTS WITH PUBLIC AGENCIES: 2ox • PERCENTAGE OF TOTAL CONTRACTS IN THE COACHELLA VALLEY: loox • PERCENTAGE OF TOTAL PUBLIC AGENCY CONTRACTS IN THE COACHELLA VALLEY: loox • TOTAL DOLLAR VALUE C}F LANDSCAPE MAINTENANCE CONTRACTS: Four Millfon � PUBLIC AGENCY PERCENTAGE OF TOTAL MAINTENANCE CONTRACT VALUE (Based on doilar value): 2a� C32620 SECTiON 1, CONTRACT DOCUMENTS Page 14 • NUMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANCE OPERATIONS (Total company-wide) Title Supervisor Irriqa#ion Technician Foremen I Laborer Number Averaqe Compensa�on"" Unit 3 �5,00o Per Mo 2 �30.0o Per Hour is s?�,00 Per I-lour 85 312 . oo Per Hour '`Use fuily burdened rate (i.e., taxes, insurance, benefits, OH 8 P) • TYPE & NUMBER OF VEHICLES & POWER EQUIPMENT C011AMITTED TO ALL LANDSCAPE MAINTENANCE l3PERATIONS (Include sample photos): ➢ MOTOR YEHICLES • TYPE: Pick-up Trucks • TYPE: Util' Body Trucks • TYPE: Fiat�ed Trucks • TYPE: Boom Truck . NpE; Chipper • TYPE: • TYPE: ➢ POlNER EQUIPMENT MOWERS — Rotary (Large Area) � TYPE: 3acobsog �tulcher • TYPE: Exmark 2 bags • TYPE: Kubota Mulcher • TYPE: MOWERS — Rotary (Smali Area) • TYPE: Toro 21 inch • TYPE: Exmark 21 inch • TYPE: • TYPE: MOWERS — Reei (Large Area) • TYPE; Tri-KinR • TYPE: Toro 5300 • TYPE: Jacobson 3800 • TYPE: MOWERS — Rotary (Small Area} • TYPE: Tru-Cu�s • TYPE: Trimmers • TYPE: • TYPE: MOWERS — Other • TYPE: None • TYPE: • TYPE: • TYPE: C32620 SECTION 1, CONTRACT DOCUAAENTS NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: 25 18 0 2 3 NUMBER: i NUMBER: 14 NUMBER: 3 NUMBER: NUMBER: 20 NUMBER: �o NUMBER: NUMBER: NUMBER: 3 NUMBER: , NUMBER: i NUMBER: NUMBER: i R NUMBER: 1� NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: Page 15 TURF SWEEPERS and VACUUMS • TYPE: $iZiy coat • TypE; Olathe • TYPE: • TYPE: AERATORS � TYPE: John Deere • TYPE: • TYPE: • TYPE: SEEDERS • TYPE: Liily • TYPE: • TYPE: • TYPE: SPRAYERS • TYPE: �oo �allon • TYPE: • TYPE: • TYPE: TRACTORS • TYPE: Bobcat • TYPE: • TYPE: • TYPE: UTiLtTY VEHICLES • TYPE: Vantage • TYPE: • TYPE: • TYPE: ➢ NON-POWER EQUIPMENT TRAILERS • TYPE: Flat Bed • TYPE: Utilitv Txailer • TYPE: • TYPE: OTHER • TYPE: None • TYPE: • TYPE: • TYPE: NUMBER: 2 NUMBER: 3 NUMBER: NUMBER: NUMBER: 1 NUMBER: NUMBER: NUMBER: NUMBER: 1 NUMBER: NUMBER: NUMBER: NUMBER: 2 NUMBER: NUMBER: NUMBER: NUMBER: 1 NUMBER: NUMBER: NUMBER: NUMBER: 17 NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: IdUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: 3 14 C32620 SECTION 1, CONTRACT DOCUMENTS Page 16 10. REFERENCES • LIST AT LEAST THREE (3) REFERENCES (OTHER THAN THE CITY OF PALM DESERT) FOR PUBLIC AGENCY LANDSCAPE MAINTENANCE CONTRACTS — CURRENT OR SUCCESSFU�LY COMPLETED WITHIN THE LAST FIVE (5) YEARS. ATTACH ADDITIONAL SHEETS IF NEEDED. Annual Contract Amount 1 $ 181,350.00 Contract Name, Number & Location City of Coachella 760-398-�502 (Name � Num6er) Contract location LLDs REFERENCES Length of Public Agency Contract Contact Information 3 years C��I of C�achell a Agency Name 1515 6th Street nddress Coachella, CA 92236 City�state2ip 760-39$-3502 Phone Contract Robert Rivera Administretor 2 $ 468,168.00 City of Indian Wells 760-777-7052 5 years (Name 8� Number) Contract Location Citywide City of Indian Wells Agency N�ne 44-950 E1 Dorado Dr q�s Indian Wells 92210 citylsta;e/ap 760-777-7052 Pnone Contract Tim Wassil Administrator 3 $ 165,987.00 City of Rancho Mirage 760-324-4511 1 year (Name & Ntmberj Contract Locatlon Housing Authority City of Rancho Miraqe4gency Neme 69-825 E1 Dorado Dr q�r� Rancho Mira¢e 92270 Ctty/State/Zp 760-324--4511 Phone Cornract Sean Smith Administrator THE FOLLOWING QUESTIONS WILL BE ASKED OF EACH REFERENCE: • Does the contractor adequately staff in order to meet the contract requirements? • Is the cont�actor's staff adequately t�ained? • is the contractor's equipment in good working o�de�'? • Does the coniractor communicate in a timely and effective manner? • Is the contractor's staff knowledgeabie with project/contract standards? • Does the contractor respond to compiaint/requests in a timely fashion? • Does the contractor resolve deficiencies without assessing contractuai fines and/or deficiencies? • Would you accep# future propasaisJbids from ihis �rm? C32620 SECTION 1, CONTRACT DOCUMENTS Page 17 PRCIPOSED 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 760-347-6926 Equipment: List equipment to be furnished to execute work tasks specified in #his Agreement, General Provisions, and Special Provisions. Use add�ional sheets as necessary. Inctude photos. ➢ POWER EQUIPMENT MOW ERS • TYPE: Toro 21 inch • TYPE: Tru-Cut • TYPE: • TYPE: TURF SWEEPERS and VACUUMS � TYPE: Nane + TYPE: • TYPE: • IYPE: AERATORS . �ypE; None • TYPE: • TYPE: • Tl'PE: SEEDERS � �(pE; None • TYPE: • TYPE: • TYPE: SPRAYERS • TYPE: • TYPE: • TYPE: • TYPE: 100 gallon NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: PIUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: 1 i � C32620 SECTION 1, CONTRACT DOCUMENTS Page 18 TRACTORS • TypE; None • TYPE: • TYPE: • TYPE: UTILITY VEHICLES • TYPE: None • TYPE: • TYPE: • TYPE: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: PROPOSER ACKNOWLEDGES THAT THE COMPANY HAS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER AN AND TOOLS TO COMPLETE C4NTRACTUAL WORK. (Please initial) Staff: List the empioyees, both labor and supervisian, to be routinely assigned to execute work tasks specified in this Agreement, Generai Provisions, and Speciai Provisions. Be sure to note by title any applicable licenses/certiftcations held by assigned personnel. Indicate with (S} if listed personnel are to be shared with another conNact or project. Use additional sheets as necessary. General Landsca�e Maintenance (List Laborer(s), Fietd Supervisor(s), and Projeci Manager(s) — include any relevant education, cert�cation, licensing information and years of experience for each person listed). Use additiona) sheets as necessary Supervision - 5 hours weekly (S) Pro,qect Mana�er - 40 h��,irs weeklv IrriRation - 40 hours weeklv General Labor - 40 hours weeklv C32620 SECTION 1, CONTRACT DOCUMENTS Page 19 Tree Prunina 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 Irriaation S�{stem Maintenance (List technical personnei — include any relevant education, certification, licensing information and years of experience for each persan iisted) Isaac Kirkpatrick - Landscape Water Conservation - 21 Years Adolfo Sardina - Smart Controller Training - 33 Years Pestigide Anniication (List licensed and/or certified personnel and years of experience - al! non-licensed, non- certified personnel must have received verifiable annual training) Use additionai sheets as necessary. Zsaac Kirkpatrick - QAL 104569 - 21 Years Jesse Quiroz - QAC 80084 - 29 Years C32620 SECTION 1, CONTRAC7 DOCUMENTS Page 20 Landscape and irriaation Desian (List personnel with formaf training and certificates and years of experience) None Othgr Staff TraininQ and Forma! Education (Including years of experience) Isaac Kirkpatrick - Degree in Ornamental Horticulture - 21 years C32620 SECTION 1, CONTRACT DOCUMENTS Page 21 PROPOSED PR�JECT WORK SCHEDULES Proposers are to compiete the attached work schedul� (Attachment 1) form showing the vendor's intent for compieting the work described in the project's General Provisions, and Special Provisions. Use the notation system provided with the Woric Schedule Form. GREEN WASTE RECYCLING Contractor shali recycie 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 faciiity that recsives and composts City of Pa1m Desert green waste. Said products shail be approved by the Public Works Director or his designee before use. Contractor shaH submit monthly verification of green waste disposal in the Green Waste Monthly Report. Please describe your company's program to insure that the City receives credit for the green waste that will be generated from landscape maintenance activities. Be sure to include the name(s), address (es) and phone number(s) of the recycling facility(ies) that will be accepting the green waste you generate from your operations on the project. For any recycled green waste products (mulch, compost, soil amendments, etc.) used on the project area, 'rf different from those listed above, please give name/address/phane information of the producer. Use additional sheets as necessary. Burrtec Waste Industries - Coachella Valley Compost Facility 87-011 Landfill Road Coachella CA 92236 7b0-863-k364 Truck drivers turn their dump tickets in on a weekly basis and the office staff will make copies and submit to the city on a monthly basis. C32620 SECTION 1, CONTRACT DOCUMENTS Page 22 LIST OF SUBCONTRACTORS SUBCONTRACTORS: In compliance with the provisions of the Govemment Code, Section 4102, the undersigned prosper herewi#h se#s forth the name and location of the place of business of each subcontractor who wili perForm work or labor or render senrice to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (0.5%) of the general contractor's total Proposal, and the portion of the work which will be done by each subcontractor, as follows: Name, License, and Place of Business Description Classification No. and Telephone of Work None C32620 SECTtON 1, CONTRACT DOCUMENTS Page 23 PROPOSAL AFFIRM�►TlON With regard to the information provided hereinabove, I a�rm that: • Aii information provided is true and correct to the best of my knowledge, and; • I understand that a materialiy faise statement wilifuily or fraudulently made in connection with this Propasal ma resuit in the termination of any contract between th8 CI�/ of Palm Desert and �irkpatrick Landscaping Services, Inc. , and as a further resutt, the aforesaid firm may be barred from participation in future City contracts as well as be subject to possible criminal prosecution, and; • 1 have fegal authority to bind Kirkpatrick Landscaping Services, Inc. to the terms of this aifirmation. FOR PROPOSAL TO BE VALiD, THIS SHEET MUST BE SIGNED � �� / Signatur ' Steven J. Kirkpatrick Printed Name President Title Kirkpatrick Landscanine Services, Inc. Company Name Y��,,3 ' Date C32620 SECTION 1, CONTRACT DOCUMENTS Page 24 NON-COLLUSION DECLARATION Ta Be Executed by Proposer(s) and Submitted with Proposal The undersigned declares: Kirkpatrick Landscaping i am the President pf Services, Inc. th@ , party making the foregoing Proposal. The Proposaf is not made in the interest of, or on behaif of, any undisciosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not coilusive or sham. The Proposer(s) has not directly or indirectly induced or soiicited any other P�oposer(s) to put in a false or sham Proposal. The Proposer(s) has not directly or indirectly coliuded, conspired, connived, or agreed with any Proposer(s) or anyone else to put in a sham Proposai, or to refrain from proposing. The Proposer(s) has not in any manner, directiy 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 ove�head, profit, or cost element of the Proposal price, or of that of any other Proposer(s). AII statements contained in the Proposai are true. The Proposer(s) has not, directly o� indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Proposal depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Proposer(s) that is a corporation, par�nership, joint venture, limited liability company, timited liability partnership, ar any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on beha(f af the Proposer(sj. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is exe�tec� on �i,,-• / / a z. , 2d�, at �'� �/ � , f' . City State By: � / � //`S'�ature C.� Steven J. Kirkpatrick Printec! Name C32620 SECTION 1, CONTRACT DOCUMENTS Page 25 State Qf California ,,��,:.,, � CflNTRACTORS STATE LICENSE BDARD � + - �onsurner ACTlVE L10EtNSE Atiairs ' � , „a„�.. License PJumber �� E��t� CO R P husmes5 Narr� K! R K PA T R i C K LA N D S C A P I N G SERVICES INC -? ,.-�.,�.�,��,:.�,,.,�, , G2 � F��ratwn Date 12131 /2 � 14 C.. 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AVAILAfl'.E fll: �FI UNI EPSITY EIITEN51qJ, UNf'Eit51TY L1F CALIFONNIA, RNEPSIDi 17l1O UNIYEAfITY AVEM '.. 31v:p$�pE� GLIPORNIA 92507--596 i�NIVE�.SI'TY �OF CALIFO�iA, RIVERSI]JE LT�I'FT'E�tS�'S`''i� ��£T�NSiON �► Troublesli.ao�ing �i3ii° -�e ��rti�.scape: Id�n�i�5�ixig a�d �Soiviri�g Tree and Landscape �'roblems .S'e,a%mber 15. 2000 ��.r.. � • �`-�^'�"� ��. DBte � �on l� Iv��dsc�y, DJrectvr �1� Natural.Sclances DepertinEnt .A rv.nvv.eiar. rtie nti� ni a��n r.�x w.rts ��i fMnf:� �r � s�� .t„ a eF,, . �= rk�, r'.Iti�.•nas ri Exru,., i. ' 1, r� , rr -.f �_ .. ., FN iryac�ae, i2 Y� M new - e F., o ,�?5f 7•S� ; LICENSING/CERTIFICATION PROGRAM i � � QUALIFIED APPLICATOR CERTIFICATE � DATE OF ISSUE VALID THROUGH 01/01/2012 12/31 /2013 c�c saos� Bc JESI�� t�UiROZ �3752 ��t�}CSON S �' �ND�+�� v� �. �220'f 'itl ��t ' 7�".��T��M �T �� 4 i i � � ..+�� Y � � � � 1��; , � �.. , , , � � � � � � � � � a a '�+ a �a ,.a� � � �`j 'd o ° �. � c� p �, i Q .--�. c.�/S c�i� � � a,. 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C.� '� �.. ��. i ^� � � ��,., � � �' � .� r, 3 ��J ;� � � � ��,. cr, ..i� � � � �°°"�! � � � � �[.�.� �*t � � � H G � � G � �,,,� � y}"Z L.V � � � � �+ � � � r� :- : � � "'� � � �� .�—"`'_—,S � 7� '�,s""E � T .C�+�,ro ,ti -. � „+F".j �� '�'�. ` __'"_� � � � C3'� � � � ;� � � �� 'r", �, � �! ��"° ;� � � � � � � � . � Q �' �'°r C.r.�t ,c.+ sV Y�.� w .l �'� -��- � C4 2�J �� .: ,�"„ ' � � �.+ G.i � .v fl � �; GJ 'i, �'� �S� �' � o ��..�� Q � � „' :�' "�j cJ ''�a t� = � � ��/'� �� Q 4 V• � M � . u7 � ' �f :� A �e � :., ,� � �.�.._..._. __.._.._._...._. ._ _ __. . _ . _ � __.. . . i Z 0 � � w � a � O � �J � i i � � � , � � � �.� � � � W � v� a Q z 0 � � � w w � �� w � � Q t/', � A H � � W O � � r-a � � � � � w � � � � U � � � C � U � Q Z � � w � � 0 0 � A OC d � � Y m � ,� y U`; tii r d � � � w � � � �_ / f��' � � � � � � � Kniqht, Spencer From: Kirkpatrick Landscaping [kls@klsinc.net] Sent: Thursday, May 02, 2013 10:32 AM To: Knight, Spencer Subject: City of Palm Desert Area No. 7 Hi Spencer, We agree to change the price and scheduling of 3 areas within area No. 7 in order for those areas to be within the cities budgets as follows: Portola Place / $1,200.00 annually Prune bougainvillea, rake planter areas from monthly to quarterly Weed control to monthly year-round Boulders / $750.00 annually Prune bougainvillea, rake planter areas from monthly to quarterly Weed control to monthly year-round Hovley Collection / $2,000.00 annually Prune bougainvillea, rake planter areas from monthly to quarterly Weed control to monthly year-round Thank you, Larry Layton Contract No. C32620 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 7, 2013-2015 PROJECT NO. 907-13, CONTRACT NO. C32620 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 "AgenY' 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. 7 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 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 One Hundred Ninety-two Thousand Eight Hundred Twenty-three and 02/100 Dollars ($192,823.02) 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. Contract No. C32620 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. 0 ; 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. C32620 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. C32620 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California County of Riverside C�7i1 } } SS } , 20 , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her/their authorized his/her/their signature(s) on the instrument the person(s), c which the person(s) acted, executed the instrument. , a o be the person(s) whose acknowledged to me that capacity(ies), and that by �r the entity upon behalf of 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. C32620 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 7, 2013-2015 PROJECT NO. 907-13, CONTRACT NO. C32620 PERFORMANCEBOND 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. 7 PROJECT NO. 907-13 CONTRACT NO. C32620 and WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract, NOW, THEREFORE, WE, Kirkpatrick Landscaping Services, Inc. the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of One Hundred Ninety-two Thousand Eight Hundred Twenty-three and 02/100 Dollars ($192,823.02), 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. Contract No. C32620 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 :�'ii INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Contract No. C32620 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 7, 2013-2015 PROJECT NO. 907-13, CONTRACT NO. C32620 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. 7 PROJECT NO. 907-13, CONTRACT NO. C32620, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 et seq of the California Civil Code; NOW, THEREFORE, we, Kirkpatrick Landscaping Services, Inc., the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of One Hundred Ninety-two Thousand Eight Hundred Twenty-three and 02/100 Dollars ($192,823.02), 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 Contract No. C32620 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 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: : (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. C32620 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) �,,�� 1 � ! �. : ^ � - ��, [ �;+r "� � ,�v : � r �,r�� `� ,� �� % �� . : 1 +� �" ' ' � �� .� � � �' �, � , � , , � . 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