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Home My WebLink AboutC33410 - LMA No. 17 - 917-14San Pablo Median +/- 43,500 Sq Ft CI cc! a; crs Civic Center +/- 1,987,246 Sq Ft I MAGNESIA FALLS DR LEGENDS FIELDS AQUATIC CENTER Magnesia Falls Shared Park +/- 312,486 Sq Ft CIVIC CENTER PARK SAN I ,PASQUAL CHENNEL PARKVIEW CITY HALL OFFICE COMPLEX FRED WARING DR PORTOLA AVE LANDSCAPE AREA 17 e LEGEND Palm Desert Parcels City Boundary 1 INCH = 600 [FIT MAGNESIA FALLS Magnesia Falls City Park +/- 73,610 Sq Ft FRED WARIN Contract No. C33410 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33410 FOR LANDSCAPE MAINTENANCE AREA NO. 17 TO EXCEL LANDSCAPE, INC., FOR A TWENTY-FOUR MONTH CONTRACT IN THE AMOUNT OF $453,840, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT, OR $90,768, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 917-14) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Excel Landscape Inc. 710 Rimpau Avenue, Suite 108 Corona, CA 92879 DATE: April 24, 2014 CONTENTS: Proposal Agreement and Bonds Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C33410 for Landscape Maintenance Area No. 17 to Excel Landscape, Inc., of Corona, California, for a twenty-four (24) month contract in the amount of$453,840; 2. Include extra repair work and services in an amount not to exceed 20 percent of contract amount, or $90,768; and 3. Authorize the Mayor to execute the contract. Funds are available in General Fund Account No. 110-4610-453-3320, R/M Landscape Services, Account No. 110-4611-453-3320, R/M Landscape Services, and Account No. 110-4610-453-3371, Tri-Cities Sports Facility. Contract No. C33410 Staff Report Award Landscape Maintenance Area No. 17 Page 2 of 3 April 24, 2014 Backqround Excel Landscape is the current contractor for LMA 17. They were awarded the contract in September 2012. This was one of the first contracts awarded under the evaluation based proposals. That contract provided for two one-year extensions; however, because the irrigation labor costs Excel originally allocated were insufficient to meet the actual labor needs, they chose not to accept the first option to extend. The extensive irrigation maintenance is labor intensive due to the need to clean the filters on the irrigation valves. Irrigation water for LMA 17 is drawn from the pond in Civic Center Park and the valves become clogged with waste created by the large number of water fowl. A Notice Inviting Requests for Proposals was advertised and on March 15, 2014, proposals were received from the following companies: 24-Month Avg. Contractor Main Location Proposal Amount Score Excel Landscape, Inc. Corona, CA $453,840.00 93.3 Kirkpatrick Landscaping Svcs Indio, CA $498,960.00 84.3 Mariposa Landscapes, Inc. Irwindale, CA $574,824.24 81.6 Vintage Associates, Inc. Bermuda Dunes, CA $383,880.00 81.3 So Cal Land Maintenance Anaheim, CA $302,640.00 71.0 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 for the proposer having a local office of operations. Based on this thorough review, the selection committee recommends awarding the contract to Excel Landscape Inc. Staff has been satisfied with Excel's performance, and has been assured that the increased cost will mitigate current irrigation issues. 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. Contract No. C33410 Staff Report Award Landscape Maintenance Area No. 17 Page 3 of 3 April 24, 2014 Fiscal Analysis The amount budgeted in the FY 2014-15 budget for this work was based on the existing contract with Excel for LMA 17. The service-based selection used for this contract, which evaluates cost as well as other factors, has resulted in an increase of 34.6 percent over the amount budgeted. 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: Depa e t Head: � H. penc Knig Landscape Manager Mark G e nwood, P.E. CTt�''t�N l�A,�I�O�rks APPROVED DENTED RECEIVED OTHER Paul S. Gibson, Director of Finance MEE G D AYES: = � , /r? - ' � � OJI/ � NOES: r�� A roval: ABSEN'h ��- ABSTAIN: VF.RIFIED BY: ' �n�`j Original on File with City erk's OfGce hn M. Wohlmuth, City Manager / � � d C1TY OF PALM DESERT � L.ANDSCAPE MAINTENANCE AREA N0. 17,2014-20i6 , ' PROJECT NO.917-14, CONTRACT NO. C33490 I 1 � CONTRACTOR'S PROPOSAL SUBMfSSiON FORMS � COST PROPOSAL r TO: CITY OF PALM DESERT, "ClTY" � DATE: Ap�il 3,20�4 ' PROPOSER: ��e�tandscape inc. "CONTRACTOR" ' � The undersigned declares #hat he/she has carefulfy examined the Terms and , Candftions, the Generat Terms and Condi#ians, the Specific Terms and Conditions, and ► the Attachments ac�ompanying the Notice Inviting Proposai; and Addendums � No.(s) o that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the respective firm and propose services to City of Paim Desert. 1 ► lt is understood that the price shown hereon includes at( routine and seasonal � maintenance described in the specifications. E The costs of any work shown ar required in the Speci�cations, but not specificaily � identi�ed as a Contract Pay item are inc(uded in the Contract Pay Items, and no � additional compensation shai! be due Contractor by virtue of Contracto►'s compiiance � with the Specifications. i . � i For each item, the averaged one-month maintenance cost shal( be indicated and the � totai of these costs shall be extended for the term of the contract. This cantract will begin Juty 1, 2014, ending June 30,2016.with an option far#wo ane-year extensions at ' the City's option and based on Contractor's performance. Proposer must provide costs , � fior all items below � � � � � �:�' ;r�� ;�„ ,� � �r.� �.��, �� '�.:� .�� . ,n � ��, m��P�RICE�;:' t x RRt� � F "3'� Kt a ,� �.- ` �,�»�. d x r f � r > ��, �t�N;� �'�,�,, s��eRI`r�o�a ; , o d>,., A, �� '�; x��..,;�_� �o�4arN� � �'2 a�di�s � �� $1200.00 $14,400.00 ; 1 Aquatic Center � i 2 Civic Center Park �gaoo.00 ��2,eoo.00 i ` 3 City Hall ! $�aoo.00 $�s.soo.00 � 4 Sheriff's Annex Secure Parking Lot g�oo.00 $t,2oo.00 � 5 Legends Ball Fields g�oo.00 �,soo.00 I � 6 Magnesia Falls City Par�c �7�� ,�� 7 Magnesia Falls Shared Park g q,�.pp �,800.00 . _ . c�aa�o;sEcr�QN i,ca�ts�►ci` �. ; � .:... . . . . DOQUMENTB; . .`" ;� , , ..-. .. . . . :.. , � Page 9 r 1 � ! � � 8 Park View Office Comptex $910.00 $10,920.00 � 9 San Pablo Median � $500.00 3s.000.00 � , 10 San Pascual Planter $500.� as,000.00 ..�(d i ��, $ y� �'t.�� ir'Ji��`Sv4 n�� ;l�,�T�lay r .,�.�fc 1�� st �� (�n��cg� ({�yf y3.rM <{. rl,�yy 1 a'' ..:Y i f j� s � �..�qM "ktt..�S�yC' ��+s�rrf'� .; , w�S�'.}i-��:��"r�kk��.�t��.��'�7i�W�`>.?'{�'�`+��"''�!,T 0 i:Yf F��7�d��7'�'��nn`"�r�'tr p,�# ��k�'s�rz�"�� 5i,': �+'�m�r�� '7�l�`�fl��'��x'i , a I��i.�'4�� r a�s�a.� f�z3 �-�'` ,.z �r Mr v^� y. *2.� ti @ .� , �� *<.,r _;!�'�#�.�'.Blk�:.-,�tD.'��iC�': c ;; , r. :�� ,,�,i i�.0i�` ��>$�B,s2a. � TOTAL AMOUNT BASE PROPOSAL IN FlGURES $ 226. ' + s2o.00 � TOTAL AMOUNT BASE PROPOSAI iN WURDS Two Hundred Twenty Six Thousand � Nine Hundred Twenty and no/100 1 � , . 1 � , � � - R,AICE PRICE � ' lTEM ' � DEBCRIPTIk)N ONTML � 1211IONTHS � BID ALTERNATE#1 A-1 Perform al!maintenance at the Magnesia Fatls ' ; Shared Par1c specificall�on Wednesday after 2 p.m. $800.00 $s,soo.00 � er Fre uen Schedule. I TOTAL AMOUNT BID ALTERNATE#1 IN FIGURES $ s,soo.00 ' TOTAL AMOUNT BID ALTERNATE#1 1N Wt�ROS Ninety Six Hundred and noJ100 i � I ; ,�........:,.__,...:.....;._....__.R..��..�,...:.:....: �.a..._....::�... ,�,.�. ......:_ ,�.._ � � M ,. .; PR C�" �..,, PRICE""_....` , . , .. I , ; . ; •:' . . � D S-_ PTtflN'` . . . . ;,: ._ . _Ol3THLli . { 12 MONTH� � BID ALTERNATE#2 ` A-2 Perform alI maintenance at the Magnesia FaNs ! Shared Park specifically on Saturday per the IFre uen Sc�edule. $�Z�•� $14,400.00 ; ' T�TAL AMOUNT BtD A�TERNATE#2 IN FIGURES $ �a,aoo.00 � TOTAL AMOUNT BID ALTERNATE#2 IN WORDS Fourteen Thousand Four Hundred no/100 , � � Signefure line and IVotary are on ihe next page MUST Bf INCLUDED W/TH COST PROPOSAL � I ;C:i�414`SECTIQN#aa,�NT'RAL�`�,CSCIJMEs,NT.,S. . ... . . .... . � .._. P�98��0. . ..._ ._ _ I � i � i � IN WITNESS WHEREO�CONTRACTO ecuted this P al as of date set forth: ' By: � gnature Titl � xcel Landsca Inc. CONTRACTOR State of Califomia j _ � County of u�2 ) Subscribed and wom to(or affirme�1 befora me Qn thisv� day of �1P�� (month�, �l� (Y��)�by_ �J� �. Qt 1-FQ(0 � .proved to me on the basis of satisfactory evidence to be the person(sj vr�o appeared before me. � Signature of Notary Seal of Notary) AAARLENE MONROY '� COMM.#198627d � - Notary Pubitc-Califomia—i RNERSIDE COUNTY A My Comm.Exp.Jul.27.2015 � � � � { i � C33�t0�ECTIQIV f,:E:bNTRACT DOCUMENTS �: -, =,; ,�� , . `�Page 11; :,�. LANDSCAPE MAINTENANCE AREA N0. 17,201420i6 PROJECT NO.917-14 CONTRACT NO. C334i0 CONTRACTOR'S PROPOSAL SUBMiSS10N FORMS AQDITI�NAL WORK PRICING SCNEDULE LABOR Additional Laborer $ 2s.00 per hour Add'+tional Irrigator $ 50.0o per hour Additional Fareman $ s5.00 per hour At City's discretion, additiona!work may be paid for using the contractual hourly rate for labor listed abave with a 15%mark up on materials or by using the unit pricing listed , below. PLANT MATERiAL REPLAGEMENT Unless otherwise described, reptacement plant materiai will be whatever is normaf and customary for the City of Palm Desert. i 1-Gaflon Shrub Installed $ s.00 5-Gallon Shrub instaqed $22.00 15-Gallon Tree Instaffed* $ 95.00 24"-Bax Tree Installed* $ 250.00 Note: Anything over 24". box slze will be paid at the contractual hot�rly rate for labor, and ma#erial�at cost plus a 15�o mark-up. � *Includes the following: digging af ho(e, setting of tree, back#illing, watering-in of tree, staking (if needed), and securing with cinch ties TURF MAINTEIVANCE Mowing: Labor& Equipment $s.00 per 1,OOa sq ft IRRIGATION SYSTEM REPAtR irrigatian repairs will be paid at the hourly ra#e indicated abave and with a 15%mark-up I on materiais. I � I � e3341Q S�CTlON';1:.CQNTRAC'�DDCUMENT3,:°.t . ` _ ', . . : . :. . _., . . 1�8ge 12 '-::', ,. ` I ; CITY OF PAl.M DESERT LANDSCAPE MAINTENANCE AREA N0. 17, 20'i42016 PROJECT NO. 917-74, CONTRACT NO. C33410 CONTRACTOR'S PROPOSAL.SUBMISSION FORMS � j WORK EXPERIENCE AND TECHNlCAL ABILITY OF THE PROPOSER(S) � � ATTACH ADDITIONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONSES � 1. COMPANY NAME: Excet Landsca Inc. TYPE: � Sole proprietor ` + Partnership �' • Corporation _c� 2. COMPANY ADDRESSES/PHONE NUMBERS: ' MAlN OFFICE: � 710 Rimpau Ave Ste. 108 Corone CA 92879 LOCAL OFFICE: " 41220 Adams Ave. Bertnude Dunes,CA 92203 EMERGENCY CONTACT PERSON: � Name: �as�Aifaro i Phone: sos-2os-s2ss � 3. CONTRACTCIR LICENSE INFORMATtON: • LICENSE NUMBER/CLASSIFICATlON/NAME STYIE: � C-27: 69�4553 � • NUMBER OF YEARS OPERATING UNDER ABOVE LlCENSEINAME STYLE: 38 • LICENSE EXPIRATION DATE: 1 8/31/14 ,Ca�.a��,,�!��ry��l�T�4`T� ._ .. , M,��.. °�'' �.rh�?��J . : . ry .. ..+.,..._ .. .... ..�.�r ..w>.,-__..,r �iJ G a7..�..�.7:� �.. w t!"+.,"�'s�.��,`�.�.'�in 4�.;��;"�„'�.jS4Y, '""��'w.��il�!3'�T�Kl"t::'�,'��' 1 . .yt i'.t• � � CURRENT LICENSE STATUS: Active • PRIOR ACTIONS AGAINST THtS LICENSE? None iF YES, UST CITATION TYPE AidD HOW RESOLVED: 4. COMPANY'S FEDERAL IDENTIFICATION NO.: 33-0617953 � 5. NAME AND TITI.E OF COMPANY OFFICERS: � Jose A1faro,President Josfe Aifaro,Sec/Tres i 6. NUMBER OF YEARS COMPANY HAS PROVIDED LANOSCAPE MAINTENANCE SERVICES: 38 7. NUMBER OF YEARS CC�MPANY HAS PROVIDED LANDSCAPE MAlNTENANCE SERVICES FOR PUBLtC AGENCIES: 38 8. NUMBER OF YEARS COMPANY HAS PROVIDED LANDSCAPE MAlNTENANCE SERVICES lN THE COA�HELLA VALLEY: 5 9. CURRENT LANDSCAPE MAINTENAIdCE OPERATIC�NS THE CITY RECD�NIZES THAT THE lNF4RMAT10N PROVI�ED BY ANSWERING TNtS QUEST/DN(QUESTION 9) !S PROPRIETARY 1N IVATURE, ' AND IF TNE PROPOSER ELECTS THAT TH/S INF4RMATlON BE KEPT I CONFIDENT'IAL, lT MUST BE SUBMITTED !1V A SEPRATE ENVELOPE MARKED `�URRENT LANDSCAPE MAINTENANCE OPERATIONS" AND SUBMITTED SEALE�WITHIN TNE PROPDSAL. ! • TOTAL LANDSCAPE MA(NTENANCE CONTRACTS: �� • PERCENTAGE OF TOTAL CONTRACTS WITH PUBLiC AGENCIES: 87� + PERCENTAGE OF TOTAL CONTRACTS IN THE COACHELLA VALLEY: i 2% • PERCENTAGE OF TOTAL PUBLIC AGENCY CONTRACTS fN THE COACHELLA VALLEY: ��% � • TOTAL D4LLAR VALUE OF LANDSCAPE MAINTENANCE CONTRACTS: i � Proprietary ( ! • PUBLlC AGENCY PERCENTAGE OF TOTAL MAtNTENANCE CONTRACT 4 VALUE {Based on tloltar vaiue): s2% _ . . , _ _ . _ . , C334t0.$ECTtON�i,CONTRACT'D�U�ENTS: . : �... �'; , ; ::;;;Erage i 4 � •.• :> i � i � • NUMBER(�F EMPLOYEES GOMMITTED TO I..ANDSCAPE MAINTENANCE i ' �PERAT10iVS (Total company-wide) . �t e. :, . , ,. �m r, y.ra e;. om ensat�on � n t � u nr�sor 10 ,sa9.00 Per Mo rri ation Technic�an 20 $19.2o Per aur ' o�� 1.40 er our a rer 177 10.24 er our *Use fulty burdened rate(�.e.,taxes, insurance, benefits,OH &Pf • TYPE & NUMBER OF VEHICLES & POWER EQUIPMENT COMMITTED TO � ALL LANDSCAPE MAINTENANCE OPERATIONS (include sampHe photos): ➢ MQTOR VEHICLES y • TYPE: Pick-up Trucks NUMBER: 18 � • TYPE: Utili�y Body Trucks Nl1MBER: 2� ' � IYPE: Fiat bed Trucks NUMBER: ss � . NpE; Dump Tnx�cs NUMBER: �1 • TYPE: NUMBER: � • TYPE: NUMBER: • TYPE: NUMBER: � S� POWER EQUtPMENT MOWERS—Rotary(Large Area) i • TYPE: �xn+a�k�2" NUMBER: 43 ' • TYPE: Exmaric so° NUMBER: s • TYPE:�Y►„a,�4$- NUMBER: �9 � • TYPE• NUMBER: � MOWERS—Rotary(Small Area) , � TYPE: 21°mralk behind NUMBER: 36 • TYPE: ��"walk hehinti NUMBER: d5 � • TYPE: NUMBER: i • TYPE: NUMBER: I MOWERS--Reei (Large Area) a • TYPE: _s ga�p NUMBER: 1 ; • NPE: Tr�� NUMBER: 5 j • TYPE: NUMBER: � • TYPE: NUMBER: MOWERS—Rotary(Small Area) � TYPE: Tni-Cut 27"reel NUMBER: 7 ' • TYPE: NUMBER: � • TYPE: NUMBER: • TYPE: NUMBER: MOWERS—Other � TYPE: NUMBER: ' • TYPE: NUMBER: � • TYPE: NUMBER: • TYPE: NUMBER: � � G33�110$ECTtON T,COt�THAGT�OCUMEfV7"�,' : '� ; ' ,:.. � :.-::_ � . : : . .' pe��5.. .: ;;',: � TURF SWEEPERS and VACUUMS • TYPE: Truf vac NUMBER: 4 • TYPE: NUMBER: � TYPE: NUMBER: • TYPE: NUMBER: AERATt�RS • TYPE: RYan Tr�ife 72" NUMBER.• 2 • TYPE:�yan Tracaire 6Q" I�IUMBER: s • TYPE: �yan Tracafne 48' NUMBER: 4 � TYPE: Byan Tracaire waik behind NUMBER: 9 SEEDERS Aeravator so" 2 • TYPE: Mataway overseeder NUMBER: 2 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: SPR,4YERS • TYPE: �esco 100 gallon NUMBER: 2 • TYPE: ��,5o Banar, NUMBER: s � TYPE: E�ectnc 25ga11on NUMBER: 3 � • TYPE: NUMBER: TRACTORS • TYPE: �bo� NUMBER: 7 • TYPE: Holland NUMBER: 2 • TYPE: g�e�t NUMBER: 4 I • TYPE: NUMBER: UTILtTY VEHICl.ES • TYPE:�john Deer Gator NUMBER: 5 • TYPE: F�_�n NUMBER: t3 * TYPE: cushman NUMBER: 6 • TYPE: NUMBER: ➢ NON-POWER EQUIPMENT , _ _ i I TRAILERS i • TYPE: ub��Y NUMBER: � • TYPE: NUMBER: I • TYPE: NUMBER: • TYPE: NUMBER: OTHER ` • TypE• PTO Power rake NUMBER: 4 • TYPE: Mili�r,�ek top drgsser NUMBER: 4 � • TYPE: ��tor NUMBER: 4 • TYPE: Rain ast Remnte NUMBER: 53 I � � _. �3410 SECTtQ4V 1,Cl)NTRAGT_�UM�N?5':;,.' _ .:.. ": .. , ., ;. . �`.".': Pa�9;i�_ " :,`,. ,,`. --- --- --- --��. 1�. REFERENCES • LIST AT LEAST THREE (3) REFERENCES (OTHER THAN THE CIN OF PALM DESERT) FOR PUBLIC AGENCY IANDSCAPE MAlNTENANCE CONTRACTS — CURRENT OR SUCCESSFULLY COMPLETED WITHIN THE LAST FIVE(5}YEARS. ATTACH ADDiT10NAL SHEETS tF NEEDED. REFERENCES Contract Name, Annual Contract Nurnber& Length of Pubiic Agency Amount Location Contract Contad Ir�formation � $ See Proprietary Ernrelope Landscape MaiMenance 9/1994-Present Ciry of MuRieta qg�y Name {Name&[durnber) pne Town Square Address Contract Location Murrieta Ca 92562 CltylStelefLip 48 Parks 300 AC+ 951�61-6124 p�e 20 Ball fields,'!8 soccer fields, . 1 Ar#ificial field_6D0 acres of Parkways,Medians,Sbpes B�� AdrrtirdSLator 2 $ See Proprietary Enveiope Landscape Mainlenan� 7h997-Present Ciiy of Temea�a q�y�me (tdams&Ntanber) 41000 Main St q�� Contract Location 7emecula,Cn 92590 �ti�y�t�{p 28 Neighborhood parks 130 AC+ 951-694-6444 p�q� 8 3 comp exes + 300 Acres of Aarkways,slopes and medians Corttract Ridc Servin qcfininisbetor 3 $See P►aPrietery Envelope Landscape AAaintenance 5l2006-Present City of Rive►side Agerx.y Name (Name 8�Nwnber} 3900 Main St. q�� COMf�I.00�tiO(1 Rfverside CA 92506 ��y/gq�p 41 Parks 400 AC+ 951-351-6122 p�� 5 Sports Compieices Sonia Chavartia �� Hdminishafior THE F0110WING QUESTIONS WILL BE ASKED OF EACH REFERENCE: • Does the contractor adequately staff in order to meet the contract requirements? • 1s the cor�tracto�'s staff adequately trained? • !s the contractar's equipment in good woticing ondet't • Doss the corrtractor commun�cate in a timely and effedive manner'? • Is the contractor's staff knowiedgeable with projectkonUact standards? • Does the contractor respond to comptairitlrequests in a tlrnely fashian? � Does the cantracto�resolve deftciencies without assessing car�tractual fines and/or cieficie�cies? • Would you accept future proposals/bids from this firm? C32160 SECTION 1, CONTRACT DOCtJMENTS Page 17 PROPOSED FACILtTiES. EG1111PMENT&STAFFING SCHEDULE Facilities: List location/address and tetephone phone number of facility(ies)from which wark crews and equipment wili be dispatched. Indio Servic�Yard,41220 Adams Ave.Bemwda Dunes.CA 92203,760-772-3650 Eauiqment• � • � List equipment to be fumished to execute wark tasks specified in this Agreement, I General Provisions, and Special Provisions. Use addi�onal sheets as necessary. I include photos. � ➢ POWER EQUIPMENT � MOWERS • T1(pE; 5 Gang Resl NUMBER: � • TYPE: 'rr�prex Reei NUMBER: � • TYPE: Exmaiic s0" NUMBER: � • TYPE: '�1"r�ss"walk behind NUMBER: 1 each TURF SWEEPERS and VACUUMS • TYPE: T�,��,� NUMBER: � • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: AERATORS � • TYPE: Rv9n NUMBER: ,1 , • TYPE: NUMBER: � • TYPE: NUMBER: I • TYPE: NUMBER: SEE�ERS • TYPE: Ataw y walk behind NUMBER: 1 • TYPE: iVUMBER: • TYPE: NUMBER: � • TYPE: NUMBER: SPRAYERS • TYPE:�,linack NUMBER: � • TYPE: NUMBER: , • TYPE: NUMBEA: • TYPE: NUMBER: � i � _ . , �C334t0,SECTION 1,CON�'F�ACT:DOCl1M�NT�'.�... ` '. : " `` .. :'. .. -:`' _ `:'� .P,a��18 _ � � � TRACTORS • TYPE: as needed NUMBER: • TYPE: NUMBER: � TYPE: NUMBER: • TYPE: NUMBER: UTILtTY VEHICLES • TYPE:s�,��man NUMBER: 1 � TYPE: r,��r NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: PROPOSER ACKN(�WLEDGES THAT THE COMPANY AS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMAt�L POWER HAND � TOOLS TO COMPLETE CONTRACTUA�WORK. (Please initiai) ' Staff: L'sst the employees� both labor and supervision, to be routinel assigned to execute work tasks specified �n this Agreement� General Provisians� and �peciat Provisions. Be sure to note by tiUe any applicabie ficenses/certifications heid by assigned personnel. Indicate with (S) if listed personnal are to be shared with another contract or project. Use additional sheets as necessary. General Landsca,�e Maintenance List aborer s � Field Supervisor(s), and Project Manager{s) — include any relevant education� cerdfication� licensing informafion and years of expenence for each person listedj. Use additional sheets as necessary See Attached i I �C33414 5�G'Ptt51V i;'C�C,31�l7RACT bUGUAI��NNI;`�'� �.r .': . P�gQ t9 l � �roject �verview: To facilitate timefy response to any City request, Ex�el L�ndsc�pe proposes to have one crew and an irrigation tech on site at ai! times. Our Foreman is dispatched from our Bermuda Dunes yard. With the Gener�i and Project Managers, Forem�n, Irrigation Tech and crew members there will be the equivalent of �6j fuli time men dedicated to this project. See det�ils below. s't�ffing • Detail &Mow Crew: 0 3 men f 40) hours per week • Irrigation Tech: 6 Ye�rs Experience o (40) hours per week • Trash Crew: 0 1 man �2) hours per weekend d�y �ersonnel Av�il�ble as needed for aN locations: � General Manager.Jose Atfaro, 909-208-9901 0 35 Years Experience o PCA o Certified Appiicator o Water Auditor • Projeet Manager.Jason Alfaro, 909-208-9269 0 9 Years Experience o Water Auditor o Certified Applicator o Reclaimed Water Certificate • Supervisor: Luis Siiva, 760-57&2453 o (24j hours per week 0 5 Years Experience I PROPOSED PROJECT WORK SCHEDULES Proposers are to complete the attached work schedule (Attachment 1)form showin�the vendor's intent for completing the work described in the project's Generat Provis�ons, and Speciai Provisions. Use the notation system provided with the Work Scheduie Form. GREEN WASTE RECYCUNG Contractor shall recycle al! green waste removed from City landscaped areas at a County-ticensed compost facility. If any compast is used in the execution of the � landscape maintenance contract, it must be from a facility that receives and composts i City of Patm Desert green was#e. Said products shall be approved by the Public Works ` Director or his designee before use. Corrtractor shall submit rnonthly verification of green waste disposal in the Green Waste Monthiy Report. Ptease describe your company's program to insure that the City receives credit for the green waste that wiit be generated from landscape maintenance activities. Be sure to include the name(s), address (es) and phQne numberts) of the recyciing facility{ies)that wili be accepting the ' green waste you generate from your operations on the project. For any recycled green waste products (mulch, compost, soil amendments, etc.) used on the project area, if different from those listed above, pisase give name/address/phone informatinn of the � producer. Use addltionai sheets as necessary. ! Each truck goes to one of the following facilides,the load is tracked by job number.the rec:eipts are tallied by that Job number,reported on city form and submitted monihly. Califomia Biamass,83109 62nd Ave.,Thermai CA 92274,760-399-4128 Burrtec Waste,5360Q Polk St.,Coachelta CA 92236,760-393-0635 � 1 � � � I � � i i � � ; ; � � ; ca��a�.s.�c'�'iav�:i;�orr�►cr no�ua�Enrrs; . . . , . . �age.22� ; � � ► i i � LiST OF SUBCONTRACTORS , � ' SUBCONTRACTORS: � � In compiiance with the provisions of the Govemment Code, Section 4102, the i undersigned prosper herevinth sets forth the nams and tocation of�e place of business � of each subcor�#ractor who wiil periarm 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-hal#of one percent (0.5�0} of the generat contractor's tatal Proposal, and the portion of the work which will be done by each subcontractor, as follows: i � Name, License, and Piace of Business Descrlptton Classification No. and Telephone of Work � "None" I � i i ; l I � I � , . i I � i ; � i cs�tosi�crio��,�QN�'�c�r,�u��N;rs, e� ., .: :;. � ��;<: �: � :P�a�a� ' ...;_. i � PROPfJSAL AFFIRMATION With regard to the information provided hereinabove, I affirm tf�at: � • A(I informatian provided is true and correct to the best of my knowledge, and; • 1 understand that a materialiy faise statement wiilfuity or fraudulently made in i connec#ion with this Proposal may result in the termination af any contract between the City of Palm Desert and Exce�Lanascaae lnc. and as a further resuit, the aforesaid firm may be barred from participation in future City contracts as well as be subject to possibie crimina! prosecut�on, and; I • I have Isgal authority to bind Excei Landscape inc. ; to the terms of this affirmafion. FOR PROPf3SA T� BE VALtD THtS SHEET MUST BE SIGNED ; 4/3/20i4 S� � Date Alfaro , Printed Name � President j T��e � i �' Excel Landscape Inc. Company Name � � � , � � i 1 I ; � i 4 C334'ta SECTtON 1,CQ�lTRACT DOCUMFJ�TS_ . Page�4 .. _ : i { NON-COLLUStON DECLARATION ! To Bs Executed by Proposer{s} and Submitted with Proposai � The undersigned dectares: � t am the President pf Excel Landscape lnc. the party making the#aregoing Proposal. The Proposai is not mada in the interest of� or on � behalf of, any undisclosed person, parinership, company, association, organizatlon, or corporation. The Proposal is genuine and not collusive or sham. The Proposer(s) has not directly or indirectly induced or solicited any ather Proposer(s� to put in a faise or � sham ProposaL The Proposer(s) has not directly or indirectiy colluded, conspired, connived, or agreed with any Proposer(s) or anyone etse 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 con#erence with anyone to fix the Proposat ' price of the Praposer(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). AIt statements � contained in the Proposai are true. The Prop�ser(s) has not, directly or indirectly, I submitted his or her Proposal price or any breakdawn 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 i thereof, to effectuate a collusive or sham Proposal, and has not paid, and wiil not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Proposer(s) that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Proposer(s). �I I declare under penalty of perjury under the taws of the State of Califomia that the foregoing is true and correc#and that fhis declaration is executed on pwryi � the 3rd . 2014• at Corona Callfamia City State � By: Jose Atfaro � Signatur Pr�nted Name I I C33410 SECTION 1,CONTRACT bOCUMEtdTS P�ga 25 • Contract No. C33410 AGREEMENT This AGREEMENT is made and entered into this 24th day of April 2014, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Excel Landscape, Inc., hereinafter called "Contractor." WITNESSETH: WHEREAS, on March 15, 2014, City invited Proposals for landscape maintenance services for City-maintained properties known as Landscape Maintenance Area No. 17 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, 2014, through June 30, 2016, 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 Four Hundred Fifty-three Thousand Eight Hundred Forty and 00/100 Dollars ($453,840.00) 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. C33410 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. None ; 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. Contract No. C33410 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: To Contractor: Office of the City Clerk Excel Landscape, Inc. City of Palm Desert 710 Rimpau Avenue, Suite 108 73510 Fred Waring Drive Corona, CA 92879 Palm Desert, CA 92260 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 EXCEL LANDSCAPE, INC. A Municipal Corporation VAN G. TANNER, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: APPROVED AS TO CONTENT: DAVID J. ERWIN, CITY ATTORNEY MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C33410 CONTRACTOR NOTARY ACKNOWLEDGMENT State of } } SS County of } 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) CITY 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 (Seal) Contract No. C33410 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Excel Landscape, Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA NO. 17 PROJECT NO. 917-14 CONTRACT NO. C33410 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, Excel Landscape, Inc. the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of Four Hundred Fifty-three Thousand Eight Hundred Forty and 00/100 Dollars ($453,840.00), 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. Contract No. C33410 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 Excel Landscape, Inc. SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Contract No. C33410 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Excel Landscape, Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 17 PROJECT NO. 917-14, CONTRACT NO. C33410, (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, Excel Landscape, 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 Four Hundred Fifty-three Thousand Eight Hundred Forty and 00/100 Dollars ($453,840.00), 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 Contract No. C33410 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: SURETY: Excel Landscape, Inc. (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). 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. C33410 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)