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Home My WebLink AboutHA29820 - Lnscape Maint for 13 HA Properties Contract No. HA29820 PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT TO PINNACLE LANDSCAPE COMPANY IN THE AMOUNT OF $255,444 FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES AT THIRTEEN (13) HOUSING AUTHORITY PROPERTIES SUBMITTED BY: James Conway, Project Coordinator CONTRACTOR: Pinnacle Landscape Company 2200 S. Fairview Street. Santa Ana, CA 92704 DATE: July 8, 2010 CONTENTS: Agreement Bid Submission Form (Includes Contractor's Proposal) Recommendation By Minute Motion, that the Housing Authority Board, 1) Authorize the award of contract to Pinnacle Landscape Company, in the amount of $255,444 plus the extra work pricing schedule for annual landscape maintenance services for thirteen (13) Housing Authority Properties; and 2) Authorize the Executive Director to finalize and the Chairman to execute the contract and any documents necessary to facilitate the contract award and implementation. The funds are available in the respective Contract Services account in the 2010-2011 Housing Authority operating budget. Housinq Commission Recommendation The Housing Commission reviewed the recommendation at its regularly scheduled meeting of July 7, 2010. Staff will provide a verbal report upon request. Executive Summary Staff requested sealed bids for annual landscape maintenance services for thirteen (13) of the Authority's properties. Staff is recommending the award of contract to the lowest responsible bidder, Pinnacle Landscape Company, to perform landscape maintenance services for a twenty-four (24) month term. At expiration, the Authority reserves the right to extend the contract for an additional twelve (12) months based on the performance of the Contractor. Staff Report Authorization to Award a Contract for Landscape Maintenance PDHA July 8, 2010 Page 2 of 2 Backqround Staff, including representatives from the Housing and Landscape Departments, reviewed the six bids that were received from the following companies: Company Location Annual Cost Pinnacle Landsca e Palm Desert $255,444 Merchant Landsca e Palm Desert $260,916 Kirk atrick Landsca e Indio $274,872 Libert Landsca e Riverside $279,336 Mari osa Landsca e Irwindale $302,220 Sierra Landsca e Palm Desert $403,704 The lowest bid received was for $255,444 annually from Pinnacle Landscape. Staff has conducted a thorough review and concluded that Pinnacle Landscape Company meets the intent of this Bid Document. Staff therefore recommends awarding the subject contract to the lowest responsible bidder, Pinnacle in the amount of $255,444 plus the extra work pricing schedule for the landscape maintenance services for a twenty-four (24) month term. At expiration the Authority reserves the right to extend the contract for an additional twelve (12) months based on the performance of the Contractor. Fiscal Analvsis The fiscal impact of this contract is the cost of the contract itself in the amount of $255,444 plus the extra work that may be necessary based on the extra work pricing schedule or at the Authority's discretion, time and materials plus a fifteen percent (15%) markup. Sub ' Department H ad: � � J mes Conway, 'ect Coordinator J net oore, Dir or of , using Department a . !'�,�� %t� r i J in cCarthy, ACM/Rede lopment Paul S. Gibs , Fi e Director ro a � � � , r��Y Hc�� .�-�-� `�-��K.�(l - G r /,��;.N 1 John M ohlmuth, Executive Director �N • 0' vt�� VERIFIED BY: � r�� " � (�rigin�l on fFle with City C �rk°� C�;f�c� G:�rda�I-IOUSINGVtENTA[.V'DHA Contract Agreements\Annual Landscape MaintenanceWEW CONTRACIIPDHA stafTreport.docx CONTRACT NO. HA29820 AGREEMENT THIS AGREEMENT is made and entered into on this day of 2010 by and between THE PALM DESERT HOUSING AUTHORITY , a public body, corporate and politic ("AUTHORITY"), and PINNACLE LANDSCAPE COMPANY, a C27 LANDSCAPE ("CONTRACTOR"). WITNESSETH: WHEREAS, on JUNE 5, 2010, the AUTHORITY invited bids for landscape maintenance services for Authority maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which was accepted by AUTHORITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be for a twenty-four (24) month term commencing with the first of the month following the date the contract is fully executed. This agreement may be renewed at no increase in cost for one additional twelve month term. (2) AUTHORITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, AUTHORITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum TWO HUNDRED AND FIFTY FIVE THOUSAND AND FOUR HUNDRED AND FORTY-FOUR DOLLARS ($255,444.00), annually plus sums for any extra work, if any, as approved in writinq, in advance, as set forth in the Contract Documents and adopted by the AUTHORITY. (3) CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by AUTHORITY, CONTRACTOR agrees to furnish all of the services and to do everything required by this Agreement and the Contract Documents in compliance with any and all applicable laws, statutes, and regulations. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold the Authority, the Palm Desert Redevelopment Agency, and AUTHORITY's and Agency's officials, officers, employees, representatives, and agents, with respect to any and 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, its agents, employees, 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 the AUTHORITY and do whatever is necessary to protect the AUTHORITY, Agency, AUTHORITY's and Agency's G:\rda\HOUSING\RENTAI\PDHA Contract AgreementsWnnual Landscape Maintenance\NEW CONTRAClIAgreement-Pinnacle.doc H-1 CONTRACT NO. HA29820 officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. The provisions of this Section (4) are in addition to any other hold harmless and indemnification obligations set forth elsewhere in the Contract Documents and incorporated into this Agreement. (5) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the Authority. (6) TERMINATION. If, during the term of this Agreement, AUTHORITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, AUTHORITY 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 AUTHORITY 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 AUTHORITY's Notice of Termination, minus any offset from such payment representing the AUTHORITY's damages from such breach. AUTHORITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the AUTHORITY'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 its bid amount(s) The Authority may terminate the contract with 30 days written notice for any or no reason. (7) INCORPORATION OF CONTRACT DOCUMENTS. The Notice Inviting Bids; Instructions to Bidders; Scope of Services; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos 1 ; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and AUTHORITY issued forms relating to this project, are hereby incorporated into and made a part of this Agreement. (8) 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. In the event of any G:\rda\HOUSING\RENTAL\PDHA Conlract AgreementsWnnual Landscape Maintenance\NEW CONTRACT1Agreement-Pinnacle.doc H-2 CONTRACT NO. HA29820 inconsistency between Contractor's Bid Submission Form and any other provision of the Contract Documents, such other provisions of the Contract Documents shall govern. Provisions within the Contract Documents that address the same subject matter shall be construed so as to compliment one another, and so as to provide the Authority with the best protection or otherwise in the manner most favorable to the Authority. (9) 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. (10) AUDIT. AUTHORITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to AUTHORITY as a condition precedent to any payment to CONTRACTOR. (11) NOTICE. Except as otherwise provided in the Contract Documents, all written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, addressed as follows: Office of the City Clerk—Authority Secretary PALM DESERT HOUSING AUTHORITY 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) 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. (13) AUTHORITY TO EXECUTE AGREEMENT. Both AUTHORITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. (14) GOVERNING LAW AND VENUE. This Agreement shall be construed under the laws of the State of California. Venue for any action for breach or to enforce any provision of this Agreement shall be in the Superior Court of the County of Riverside, California. G:\rda\HOUSING\RENTAL\PDHA Contract AgreementsWnnual Landscape Maintenance\NEW CONTRACIIAgreement-Pinnacle.doc � H-3 CONTRACT NO. HA29820 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. PALM DESERT HOUSING AUTHORITY A public body, corporate and politic CONTRACTOR CINDY FINERTY, CHAIR PALM DESERT HOUSING AUTHORITY (two signatures required if corporation) ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY APPROVED AS TO FORM: DAVID J. ERWIN, ATTORNEY G:\rda\HOUSING\RENTAL\PDHA Contract AgreementsWnnual Landscape Maintenance\NEW CONTRACT1Agreement-Pinnacle.doc H-4 PALM DESERT HOUSING AUTHORlTY NOTICE INVITiNG SEALED BIDS PROPERTY LANDSCAPE MAINTENANCE CONTRACT NO. HA29820 PUBLiC NOTICE IS HEREBY GIVEN that the Palm Desert Housing Authority ("Authority"), invites sealed bids for the prvvision of landscape maintenance services and will receive such bids in the offices of the City Clerk of the City of Palm Desert, 73-510 Fred Waring Drive, Paim Desert, CA 92260 up to the hour of 3:00 o.m. on Monday.June 28. 2010, at which time they wiA be publidy opened and read aloud. The work included in this bid request is for the landscape maintenance of thirteen (13) residential communities identified in the Bid Package. The Bid Package includes the Instructions to Bidders, the Bid Submission Form, the General Terms and Corxtfions and the Scope of Services and is available from the Authority after 5:00 pm on June 4, 2010. Notice is hereby given that th�is project is a "public v+rork". In accorcfance with the provisions of Califomia Labor Code� Div�sion 2, Part 7, Chapter 1� Artides 1 and 2, a contract entered into for this project is subject to the payme�t of prevailing wages and the contractor shall be required to pay not less than the general prevailing rate of per diem wages and the general prevailing rate for hol'�day and overtime work, for virork af a similar character in the locality. In that regard, the Director of the Department of Industrial Relations of the State of Califomia is required to and has detemnined such general prevailing rates of per diem wages. Copies of such prevai)ir� rates ofper diem wages are on file in the office of the Secretary of the Palm Desert Housing Authority, Palm Desert, Califomia, and are available to any interested party on request. Each bidder must provide a bid bond (10°k of the bid amount), perFormance bond (100°� of the contract amount) guarar�teeing the faithful perfaRnance of the contract, and payment bond (100°� of the contract amount) guaranteeing full payment for labor and materials, each as more fulfy described in the lnstructions to Bidders. Bids must be pr+epared on the approved proposal forms in confoRnance with the Instructions to Bidde►s and submitted in a sealed envelope plainly marlced on the outside: SEALED BID FOR PALM DESERT HOUSlNG AUTHORITY LANDSCAPE MAINTENANCE CONTRACT NO. HA 29820 — DO NOT OPEN WITH REGULAR MAIL. Bids received via e-mail, facsimile, telephone or other digital means will NOT be accepted. The Authority reserves the right to reject any or aN bids, to waive any irregularities in the bids, to determine whether the Bidder has established to the satisfac�ion of the Authority A-1 � � '� � . �' , - � � �� I'Jac�� J� ' ��''� �� fl�l� �,q��4�� ;��t � �� .�' _ � .��%�� . s' � �� . previous experience and quai�cations for the type of v�oric involved for this project. and to accept any bid or portion thereof. The Authority reserves the ►ight to #ake all bids under advisement for a period of ninety(90)consecutive days. At the time of bidding, each bidder shal! certify and provide documentation that he/she has, and throughout the term of this project shaN maintain, a valid "C-27" State of Califomia contracto►'s license, a valid Calffomia State Pest Control Applicators License, a valid Riverside County Pesticide Business License, a City of Palm Desert Business License (for this type of work) and a ISA Arborist cert�cation. Failure to possess the specified license shall render the bid as non-responsive. Dated this 3rd day of June, 2010, at Palm Desert Califomia. RA HELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY (760)346-0611 A-2 BID PACKAGE TABLE OF CONTENTS PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE FOR SPECIFIED PROPERTIES CONTRACT NO. HA 29820 PAGE CONTRACT DOCUMENTS NOTICE INVITING BIDS ..................................................................................A-1 INSTRUCTIONS TO BIDDERS........................................................................ B-1 AFFIDAVIT OF NON-COLWSION..................................................................C-1 BID SUBMISSION FORM/CONTRACTOR'S PROPOSAL.............................. D-1 EXTRA WORK PRICING SCHEDULE............................................................. D-9 BONDS............................................................................................................. E-1 GENERAL TERMS AND CONDITIONS............................................................F-1 SPECIFIC TERMS AND CONDITIONS........................................................... G-1 FREQUENCYSCHEDULE.............................................................................G-13 AGREEMENT................................................................................................... H-1 All bids must comply with the instructions provided in the "INSTRUCTIONS TO BIDDERS" AND "BID SUBMISSION FORM" for Landscape Maintenance attached hereto. The bid package including the Instructions to Bidders, the Bid Submission Form, the General Terms and Conditions and the original Scope of Services for which the bid is provided will become part of the Contract Documents. A-3 G:Uda\HOUSINGIRENTAL\PDHA Contract AgreementsWnnual Landscape Maintenance\NEW CONTRACT1Property Landscape Maintenance 2010.doc PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE INSTRUCTIONS TO BIDDERS FORM OF PROPOSAL The proposal must be made on the Bid Submission Form, attached hereto, and must be completely filled in, dated and signed. If provision is made for alternatives, they must all be bid, unless otherwise provided in the Bid Submission Form or General or Specific Terms and Conditions. Bids must be submitted on all items and schedules included in the Scope of Services including Extra Work Pricing Schedule. FAILURE TO BID ON ALL ITEMS AND SCHEDULES MAY RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE. REQUIREMENT TO MEET ALL BID PROVISIONS Each bidder shall meet all of the specifications, bid terms, and conditions. Non- substantial deviations may be considered provided that the bidder submits a full description of, explanation of, and justification for the proposed deviations. Authority will make a final determination of any proposed deviation. BID RETENTION AND AWARD Authority reserves the right to retain all bids for a period of ninety (90) days for examination and comparison. Authority also reserves the right to waive non-substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible, responsive bidder as the interest of Authority may require. INSPECTION OF SITE Bidders must examine the sites ("Sites") and become acquainted with all conditions affecting the work. In submitting a bid, the bidder warrants that they have made such Sites examination as they deem necessary to determine the condition of the Sites, its accessibility to materials, workmen and equipment, and to determine the bidder's ability to protect existing surface and subsurFace improvements. No claim for allowances—time or money—will be allowed as to such matters. Bidder must acknowledge that Sites are occupied residential communities and that such examinations are to be non-intrusive and completed in a manner that ensures minimal resident impact. BID WITHDRAWAL A bidder may withdraw a proposal, without prejudice, prior to the time specified for the bid opening, by submitting a written request to City Clerk/Authority Secretary for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the "Notice Inviting Sealed Bids" will be cansidered. All bids will be opened and declared publicly. Bidders, or their representatives, are invited to be present at the opening of the bids. B-1 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE INSTRUCTIONS TO BIDDERS SUBMISSION OF ONE BID ONLY No individual or business entity of any kind shall be allowed to make, file, or be interested in more than one bid, except an alternative bid when specifically requested. However, an individual or business entity which has submitted a sub-proposal to a bidder submitting a proposal, or has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. CONTRACT INITIATION MEETING The date, time and location for a meeting will be established after award of the bid. A preliminary work schedule will be required at this meeting. NON-COLLUSION AFFIDAVIT Bidder declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of Authority is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud. The Affidavit of Non-Collusion shall be executed and submitted with the bid. CONTRACT DOCUMENTS The completed Bid Submission Form, General Terms and Conditions, Scope of Services, and all documents listed under "Contract Documents" in the Table of Contents, will become part of the Contract Documents. Potential bidders are cautioned that the successful bidder incurs duties and obligations under all of the Contract Documents and that they should not merely examine the Scope of Service� in making their bid. COMMUNICATION REGARDING BID All timely requests for information submitted in writing will receive a written response from the Authority. Telephone communications with Authority or Management staff are not encouraged, but will be permitted; however, any such oral communication shall not be binding on Authority. INTERPRETATION OF DOCUMENTS Discrepancies, omissions, ambiguities, and requirements like�y to cause disputes between trades and similar matters shall be promptly brought to the attention of Authority, in writing. When appropriate, Addenda will be issued by Authority. No communication by anyone as to such matters except by Addenda affects the meaning or requirements of the Contract Documents. ADDENDA Authority reserves the right to issue Addenda to the Contract Documents at any time prior to the time set to open bids. Each potential bidder shall provide the Authority with B-2 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE INSTRUCTIONS TO BIDDERS its name, business address and phone number for the purpose of receiving Addenda. Authority will cause copies of any Addenda to be mailed by first class U.S. mail, or delivered, to such names at such addresses. Authority assumes no responsibility for any failure of an addressee to actually receive mailed Addenda. To be considered, a Contractor's Proposal must list and take into account all issued Addenda. Bids, to be acceptable, must acknowledge receipt of all Addenda. QUANTITIES This contract is a unit price bid for all work shown in the Scope of Services and listed on the Bid Submission Form. Quantities shown are but estimates and final payment will be based upon the methods outlined in the Scope of Services or as modified by the Specific Terms and Conditions contained herein. BIDS Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items. In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit-basis items, is the same amount as the entry in the "total column", then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: a. As to lump sum items, the amount set forth in thE "Total" column shall be the item price. b. As to unit-basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. The evaluation of bids and award of contract shall be based solely on the final decision of the Authority. AWARD OF CONTRACT Acceptance of a Contractor's Proposal, by the Authority, will be at a duly noticed public meeting and will authorize the Authority or its agent to enter into a contract subject to the execution by both Contractor and Authority. Such contract wifl constitute a written agreement evidencing the terms of the contract as well as requirements of the Contractor including, but not limited to, licenses, insurance and bonding requirements. Contractor is advised that the Authority has up to 90 days from Award of Contract within which to issue the Notice to Proceed. BONDS Contractor shall execute and submit a Bidder's Bond in the amount of ten (10%) percent of the contract amount. In addition to the Bidder's Bond, Authority requires a Payment Bond in the amount of one hundred (100%) percent of the contract amount. In addition B-3 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE INSTRUCTIONS TO BIDDERS to the Bidder's Bond and the Payment Bond, Authority requires a one hundred (100%) percent Performance Bond from.the Successful bidder. All Bonds must be on Authority's forms contained in the Contract Documents. Bonds required under these specifications and Civil Code sections 3247 and 3248 shall be provided by a licensed surety admitted to do business in the State of California and shall; in addition, to the bond form, provide all information as follows: (1) The original, or a certified copy, of the un-revoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the surety's receipt of a request to submit the instrument. (2) A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the surety's receipt of a request to submit the statements. RETURN OF GUARANTEE (if applicable) Bid bonds or checks of unsuccessful bidders will be returned by mail when the executed agreement and bonds are received by Authority. Bid Bonds of the successful bidder will not be returned but is exonerated by its execution and delivery of the Agreement and the bonds. If the guarantee of the successful bidder is a check, it will be returned at the time a Bid Bond would be exonerated. QUALIFICATIONS OF BIDDERS No award will be made to any bidder who cannot give satisfactory assurance to Authority as to its own ability to carry out the contract, both from its financial standing and by reason of its previous experience as a contractor on work of the nature contemplated in the contract. The bidder may be required to submit its record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work required may be sufficient cause for rejection of bid. SUBLETTING AND SUBCONTRACTING Bidders are required to comply with the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code) and to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work in excess of one half of one percent (0.5%) of the prime Contractor's total bid. Failure to list a sub-contractor for any portion of the work under the guidelines above implies that Contractor's own forces will do that portion of the work. It is Authority's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. B-4 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE INSTRUCTIONS TO BIDDERS LICENSES AND CERTIFICATES A bidder must have, at the time the bid is submitted, current licenses and certifications as listed below. This includes a joint venture formed to submit a bid. • City of Palm Desert Business License • C-27 Landscape Contractor License • California State Pest Control Applicators License • Riverside County Pesticide Business License • ISA Arborist certification BID PROPOSAL SUBMISSION Authority shall accept a sealed bid proposal submitted on the provided Bid Submission Form, which shall be combined with the bid terms, scope of services, conditions and specifications for a complete agreement. The Bid Submission Form shall include all costs for Contractor to accomplish the work outlined in the proposal and shall be all-inclusive. If provision is made for alternatives, they must all be bid, unless otherwise provided in the Special Terms and Conditions. Bids must be submitted on all items and schedules included in the Contract Documents. Failure to bid on all items and schedules may result in the bid being rejected as non- responsive. The Bid Submission Form shall be submitted in a sealed opaque envelope marked on the outside as described in the Notice Inviting Bids. The Bid Submission Form shall clearly identify the bidder and the contract number, and shall also include the following information: Company name and business address Contractor's license type and number(if required) Business phone number Contact person Sealed bids must be actually received at the office of: City Clerk/Authority Secretary Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260 Up to the hour of 3:00 P.M., Monday, June 28, 2010. Bidders assume all responsibility to confirm timely receipt of sealed bids submitted by mail or delivery service. The completed package shall include the signed Bid Submission Form, bidder's bond or check, Affidavit of Non-Collusion, and any and all other documents specified in the Contract Documents to be submitted with the Bid Submission Form. B-5 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR (required) PALM DESERT HOUSING AUTHORlTY LANDSCAPE MAINTENANCE STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE� �C1�e� Gebhtt rc� , being first duly sworn, deposes and says that he/�e is_�P s , 1 er� 1- of }�u1n��.L� L�.�1d5�.�, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that #he bid is genuine and neither coHusive nor sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divuiged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organizatio , bid dep sitory, or to any member or agent thereof to effectuate a collusive or sham bid BY� i�') " t a�� r�� ignature �CONTRACTOR) Title (CONTRACTOR) State of Cali ia ) )SS. County of r�l r�►Q� ) On,�is�Q Z � ��' , 2010 before me, �� IG(.,i��[Gc .r,SC��Jp�2��,�'e r, a Notary Public, personally appeared `� , who proved to me on the basis of satisfactory evidence to be the person , whose name(s�, is/�e subscribed to the within instrument and acknowledged to me that he/s'I�/tAey executed the same in his/hb�/their authorized capacity(ie�}, and that by his/hb�/tli�i,r signature(� on the instrument the person(��, or the entity upon behalf of which the person(�,acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS m nd and offi 'al seal. (Seal) t , Signatur'e ' ` ,� . , u M�IWIA J.8CNAEFFER Commissbn#►1 a5A3�0 Notary Public•C�INoml� C-1 Onnpe CouMy - Comm.Ex ires Jun 16,2013 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE BID SUBMISSION FORM LANDSCAPE MAINTENANCE SERVICES: TO: CITY CLERK—AUTHORITY SECRETARY PALM DESERT HOUSING AUTHORITY 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he or she has carefully examined the Instructions to Bidders, the General Terms and Conditions and the Scope of Services accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof, is authorized to represent the bidding firm and propose services to the Authority. It is understood that the prices shown herein include all routine and seasonal maintenance described in the Scope of Services. For each item, the averaged one-month maintenance cost shall be indicated and the total of these costs shall be extended for the term of the contract. CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE D-1 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE B!D SUBMt3S10N FORM CONTRACTOR3 PRlCE PROPOSAL BY PROPERTY iTEM DESCRIP110N PRlCE PRICE MONTHL ANNUALL 1. One Quaii Place 384 units $ $ �z-sc�o F�a w�� 3� f�. Oc� �f5 6�{ ,Oc'J 2. Las Serenas 150 units $ $ . 73-37 5 Coun t�ub Dr. �1 r , � D� '' t�,� 3. Califorr�ia�tlas 141 units $ ,. � rt-�o7 cat�om►�tx�e � ; v r'�,, UC� � ^�,, �i,�,Of� 4. Catafi�a Gardens 72 units $ 7�-sao caca�,a w i �► {�, � � $ �% 2/� ��✓" . 5. Desert Poirtte 64 units $ � S , �-sos r� 1�-i 1 � b4� S Z,J c� 6. Lagur►a Pal�ns 48 ur�i#s r�-s�s s��w � �`��(, d C3 � � 2 D '' Dl/' ' � 7. r NL#g#-t�{3T:S 24 U[1�s � � ��-s�s��w�y ��`�� ' �, OU � . s. x ��,��t �g�� , � � � ' ; 7�s s��v� � ��S: �:. � J,�� . ' 9. � Taos Patms 'i 6 units � � " � ms � . ' 44-83t?Las Pa�nas �U J�� t/U � �(/'Fi p�/� � 1 Q. C3rxifewood r 74000&740U2 Shadow M�a�tain Drive 30 l.ttl�tS $ ��' �' $ � �. �� 11. Pa#m V'�[lat,�;Apartm�rrts 6 units $ �r; 73-6�Q Sarrta R�W ��%.>� ('�V $ � . : � (� . 92. ° Sa9e�� 29 units $ $ . 73-811Sarta Rosa Way g�t�� d�' , � ��i�/(i 13. La Rocca 1/i!!as 27 units S � . az-,��aa��$t.� d d�-f�G �� 8 6�G Total $ $ �� -��.�J� .�-SSj 1��.(�/ � CONTRACTOR'S T�TAL PRtCE PROPOSA�: TOTAL AMOUNT BASE BID !N FtGURES$_ �-�% �1�1�Y J � TOT AMOUNT BASE BID IN WORDS ��J t/�� Ef% l�i /✓ h�v�j�'^✓% � '-'M� '� v'�� '�av� I�i'L-L��. .. CONTRACTOR'S PROPOSAL CONTlNUED ON NEXT PAGE D-2 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE BID SUBMISSION FORM � The costs of any work shown or required on the Bid Submission Form or in #he Scope of Services, but not specifically identified as a Pay item are included in the Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Scope of Services. � n � COM ANY --��t�r� � � c �L�t,. � - ,�J r,cj�.f r� �t,n� qZ��y ADDRESS �Ll—+�_3� -25.�' _� ��t �3� -�7 ti� � TELEPHONE FAX ( � f� Y" ;U�[ �,>-- BID PREP � D BY TITLE — YG �� SIGN URE DATE , � � SIGNATURE DATE (Two signatures required if corporation; Signature(s)must be notarized. See next page.) CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE D-3 PALM DESERT HOUSING AUTHORITY �ANDSCAPE MAINTENANCE BID SUBMISSION FORM State of California ) ) SS. County of ,� VQ.�Q �. ) On Lo - � � ,w2010 before me, �� 1` r c r� 7! SC'��-�' �'a Notary Public, persanally appeared (`�� Ge bl��c"i , who proved to me on the basis �f satisfactory evidence to be the person�s� whose nam8�s� is/a� subscribed to the within instrument and acknowledged to me that he/s'I�/tt�y executed the same in hislh`�a�r/th�ir authorized capacity(i�s), and that by his/1�/their signature(�s� on the instrument the person�, or the entity upon behalf of which the person(§� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) �..= ( � Signature '� �.J�� C. ;' �� MARIA J.scH�� CortMnfstion#►1e54340 Not�ry PuWic-CallforMt State of California ) M CommrE�i es�dun 16,2013+ ) SS. County of �.., ) On f�,_ ;.�� , 2010 befpre me l�l J r P�--t��", a Notary Public, personally appeared v w-� , who proved to me on the basis of satisfactory evidence to be the person(��. whose name(�i) is/� subscribed to the within instrument and acknowledged to me that he/s'heJttls,y executed the same in his/�r/thl�jr authorized capacity(i�), and that by his/A�sc/ttlsir signature'�s� on the instrument the person� or the entity upon behalf of which the person(`�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. tS MARtA J.SCHAEFFER , 7 � Commisaion#�1854340 `� ,' � � Not,ry Public-Catifornla � Signature � dt "� Oranpe County � M Comm.Expires Jun 16,2013 CONTRACTOR'S PROPOSAL CONTlNUED ON NEXT PAGE D-4 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE BID SUBMISSION FORM TECHNICAL ABILITY AND EXPERIENCE Due to the difficult environmental conditions, desert plant material characteristics, and the landscape maintenance practices adopted by the City of Palm Desert, the Palm Desert Housing Authority Board reserves the right to reject any or all bids from firms that do not clearly demonstrate in the bid documents the required level of technical knowledge, skills and abilities to perform effectively under this contract. The bidder must have at least two consecutive years, within the last five years, of verifiable maintenance experience on landscapes located in the Coachella Valley that conform to the City of Palm Desert's Water Efficient Landscape Ordinance PDMC 24.04. This experience must include a maintenance contract of a minimum duration of twelve consecutive months. The bidder must also demonstrate technical ability and experience in traditional landscape maintenance methods of a verifiable level that is acceptable to the Authority. Three references from the Coachella Valley must be provided and the work performed must have been similar in scale to this contract. Two of the three references must verify work of a similar character or nature to what is included in this contract, and must include work performed in the public right-of-way. Please indicate any projects listed that are apartment or residential communities. Bidders having experience with the City of Palm Desert or Palm Desert Housing Authority may list either one as one reference. In the spaces below, provide references with a contact person, address, and telephone number for verification of said work. Additional numbered pages outlining the information required in this section of the proposal may be attached as needed. CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE D-5 PALM DESERT HOUSING AUTHORITY IANDSCAPE MAINTENANCE BID SUBMISSfON F�RM CONTRACT4R'S PR�POSAL(CONTINUED) REFERENCES Contract Completion l�"' Amount Ciass of Work Date Contact Person 1 S .35�oou N1A��Nn�c� __,?r�,o,��•+� ��4QH ,t��R�uC,.�DI-� �w� C < • �-�V J,,j t7-f nS�.��'��usiness Name �� - J�`-��r'� Ck�.PJ��"� `�?— 2 �lw JIl ,aaares� ��j�Z� 0� J Ptane 2 $ �/S,000 �/Vq�N��J'IA^�l� �� t70 � l�l�e� ��a � n�� p 2��r�E�� S�—� �,, � ��^�•� s�+�� 7/,i�` ►�^ ]P�.�/C-�_' Z �4 U c �� y f�c� _ ,,� 3 $ 1-tJ�1 I J� �(/`�I,��Ar.1[�' �� l��cl�r'�-�( Q�N , Name v�� -�� C � �� Address `� ly'--��:, P�� Due to the bcation, size%xterrt ar� maintenance requir+emerrts of the maintenance area, b�lder is required to state how it will provide the r�ecessary mairrtenance and services in the specifications. State the estimated manpower your company w�ll use each week #o fuifill #he cor�tract, including supervision, irrigation and general labor sub- categories. / �UL L fi� n-,f �/��'/v:� 1'�FS; � � �L�`"n�� ; � b A �.�N��S f ��L�1�^�.E �� Q_1 Cv u c ro�..� `��,CI , S��.�I� �/( Sc,�' � 9 �J/: S w�'C— �C , �'h � �„�c�,.2 l,�(rl� lh� l/`�j�f � Y //��`- � r � f' � � tn� n/ X--1-�4 ' V f'�� ,,�CN� . ^�t" (�l�rr. L�S �I�.�. c� �1 � �p u n�� CONTRACTOR'S PROPOSAL �ONT/NUED ON NEXT PAGE D-6 Z i f - __'__. 1 � I ' - � . , . I.� . _. . _. . l_ !�. .. . ... . � . . � . ��. ,.. . . _ , r..-.. '.. . . . _-. _,. . . .. ._ ..._. ., _ . .`i.. � , � � -.,.-., . _.,i ._. �� ..., �. ; ,, � ... .... -..,.. . ��_�.,., ��. .: �. ::�� -� � ..�.'�.., :'zi ... .... .. .�..�.. .. .t';�, _ �, , ,.� ,_. , .l . .:i� . _. :ti . . , . �; . '(t.•� .. :t\ti(` , .��i , .�l � i';:4�!'t�`.'; � , . - � . . . . . . . . . " . ,��`. -� . - .. ;.�, , .. � . 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Count}•of Orunge, OC Comnrunitp Resources/OC Purks B/D:405-6/1190 Landscupe,tfuintenunce Service at Carbon Cun}•oir Regio�iul Purk COMPANY PROFILE � REFERENCES References Submit the company names, addresses, telephone numbers, contact names, and brief contract descriptions of at least three clients for whom work was pro�°ided for on projects of similar size and scope. Company Name: Ci�t'of Lurinru r�'rruel _ Telephone Number: (9�9) 362 4_;-�9 Contact Name: Jerrr S��lli»n Address: 2?791 La Pu;, Road, Lartrncr 11'irciel, C;4 92677 Brief Contract Description:No�•ther»Neighhorlrood Pru•k��fnr the Citt�of Lagrrnu Nirue!—Park nu�intenan�e, tt��f ntnnuger�tent, i�•rigution ntana�ement, integrated pest c�nrh�o/,facilih�mrtinteni�nce, tol- /ots,slope n:uintenunce, Fu/!Sc�rvice Contrnct Company Name: Citr of Orunre Telephone Number: (714) ?4;t_5596 Contact Name:Horrard Morris or Dn►�c Sfratloit Address: 300 E Chapn�un Avenire, Oran,e, C:9 92866 Brief Contract Description: ��'ariou.c Locations fo��the Cih'of Orange—Public Area and Park mrri�rtenance, turf munnrc•nient, irriz;ntio�i ntnnu�enrent, intcrrated pest control,facillh'ntaintenunce,slope niuiirtcnu�rcc�. Full Service Cnnh�uct Company Name: Bel Arr Crest HOA Telephone Number: (310) 471 3755 Contact Name: Rick Cole Address: 11701 Be!Air Crest Rnad, Los Angeles, C.f1 9007i Brief Contract Description:High-end HomeO►rr:ers Association, Comnron Arerr hlaintenance, 1�'eghhorhood Purks, Facilities, Ch�hhouse, Turf A1unu�emerrt,/rrigntion,'�7�uta;ement, Interruted PesJ ControJ, Trec� Sc�n�rcc s,S/ope nraintc nnnce, Lu�idsecipe Renovutin�rs, Ful/Service Contract !�\��'4`�� , . - ,/' /" (�,�, r �.�--" , �S y �-� � ��, 5 � , � , �, � rn� � (��,� � 5�' , � � ��- � � , .� �� N �'�� r: . �� ,�-� � �� . � ,� � J �� r ,� � . . .�' � � � I � �� /�� I � Cnun��•of Orungc uge o 24 FF 6/l/90 Ar�'��.?�� — n I 3 �� " �� `��' �-� � '�� `7 Il ��o �� -,�,. `� l - / \ -� �, . �;, �� -� r� a,. � � ► F -.�;�"",� �€"''a ' � � . � � �.- � ;: �` �,�� 3 a , PIrTNACLE � �� I,andsca��c Com��any ""� '-..:: REFERENCES Rick Cole Suzi Fitzpatrick-Property Manager Bel Air Crest Master Home Owners Polaris Place Association (949) 349 2165 (310)471 3755 Commercial Campus HOA Current Client-Serviced for 4 years Current Client-serviced for 18 years Tracy Best-Maintenance Manager David Fifer-Director of Engineering The Honda Center HYATT Regency Resort 8�Spa (714) 704 2545 Huntington Beach Sports Arena (714) 6981234 Current Client-Serviced for 6 years Resort Property Current Client-Serviced for 8 years Scott Dester-Director of Engineering Anaheim Garden Walk Mike Conery-Facilifies Director (714) 392 5466 Casa de Las Campanas Retail Center (858) 592-1893 Current Client-Serviced for 2 years Retirement Community Current Client-Serviced for 2 years Jerry Sollom-Parks Supervisor City of Laguna Niguel-Northern Don Chesemore-Property Manager Neighbothood Parks The Reserve Maintenance Corporation (949) 362 4349 (949)450-0202 Municipality HOA Current Client-Senriced for 2 years Current Client-Serviced for 4 years Howard Morris-Disfrict Coordinator Bret Van Nortwick-Property Manager City of Orange-Various Locations Olen Pointe Brea (714) 744 5596 (714) 2551313 Municipality Mixed-use commercial/retail Current Client-Serviced for 4 years Current Client-Serviced for 8 years ��u;t ;� Daniel Pickett-Direcfor of Facilifies Dale Skidmore-Facilities Manager ��" Waters Edge Irvine Ranch Water District `�.� . (310) 754 7669 (949)453 5817 Corporate Campus-Commercial Public Agency �� e :,r CuRent Client-Serviced for 3 years Current Client-Serviced for 2 years �� , -'n� � � Y�t k�� "_.yry '3St� ... �,. . . . . . . .A.� l'�,i�M Las Vegas References ��s�- �""`��r�C� � L Am Land development -Wayne Krieger-702-870-5772 2. Kimco Reality-Apartment Homes Maintenance Christine Vegas-714-403 7110 3. Executive Builders Frank Pankrats -702-656-5955 PALfN DESERT HOUSIN6 AUTHORITY LANDSCAPE MAINTENANCE BiD SUBMISSlQN FORM CONTRACTOR'S PROPOSAL(CONTiNUED) iNFORMATlON REQUIRED OF BIDDER AIO B)D WILL BE CONSIDERED UNLESS TH/S flOCUMEIVT/S COMPLETED 1N FULL ALL APPUCABLE/TEMS MUST BE FILLED OUT The bidder is required to supply the following information. Additional sheets may be attached if necessary. �2 � /� (1) Address 5��U(� 6}� 1��i✓,C �f �� d l 7`—� f��i ,,f��C��"' l/`�� j �� (2} Telephone No. ��6�— y�3'" S�S Z� (3) Type of FiRn (lndividuai, Partnership or Corporation) Go�{��i u,..� (4) Corporation organized under the laws of the State of � l/ (5) Contracto�'s License No. c�3 3 ,�� Exp. Date��3� � ��r 2-- Contractor hereby dedares under penatty of perjury under the laws of the State of Califomia that the Contractor's License ir�formation provided is true and correct. ^,�--�,�r �� __~ By: Titfe: /��.Jf•v� f _ r/e%G'�?— . Signature Corrtra�tor (6) List the names and addresses of all Owners of the fiRn or names and tides of all officers ot the corporation: �A��rJ /�F�rt�A r �) �.� �,' {7) Numl�r of years experience of the firm as a Contractor �� (8) Numbe�af years experience with pubiic agency landscaping cor�tracts �t �f�0� 5 (9) I.S.A. CertiF�Arborist name and Number U�E'3IS�C t� Exp. Date •-��— ?�i I (10) Number of ISA Certified Tree Workers w€th the fimt `� 0 CONTRACTOR'S PROPOSAL CONT/NUED 4N NEXT PAGE 0-7 PALM DESERT HOUSING AUTHOR{TY LANDSCAPE MAIIVTENANCE 81D SUBMtSStON FORM CONTRACTOR'S PROPOSAL�CONTlNUED) (11) Local�ce Address: 3`��c�O L"FI 7 F G+i� y� �� G1 �� 17=�.�F-�� 1� i�T,�c�' Phone: (1�U ) Z�7 3 '� .�� (12) Emer+gen�Contact Person Name: r.4��rC T �c�� Phone: ��v-- ��.3 �"�� , (13) List the names and addresses of each subcontrac�or who wili pe�fonn work related #o this contract and indicate what partion of f r c will be o each subcon#rac�or. (If more than one subcontractor, se check the box lo nd list a//subc�rrtractors on a separate sheet.) � �� S�Su�.��;�� ,�5�� subcontractors Name: � 7 � ►eI R, �,, .�l S GQ 1�� `''� License Number. �J� Add�'s: �-� J � � 1 N 1�� 1 � r-� A Telephone: 1.�-�U �' �`17 "� � � L-� Wo�ic#o be performed: � r�7 S�� , ,�'t �`�,�'��,/l� ��(,� —,�--- (14) List the name of the person who inspect�l the Sites of the propased work for your firm 'k'O.REct i Fi 2t dJ�� -- l�Q v E L vw�E V�, �YcD.B�;u �'�v,�; (15) A finan�ial statemerrt or ofher iriforma�ion and referer�ces sufficiently compr�ehensive to permit an appraisal vf your curnent financial candition may be requir�ed by the Authority. (96) This bid was prepared by: ,-, Name(print) lC D�'r a_% /Q�r�� Signature i4 Telephone �� L�73-- S.S2� 17 Contact �°�=�'� ��'��" ( ) person: Name(print) TelepFrone �6� ` �/7.3� S� � CONTRACTOR'S PROPOSAL CONT/NUEQ ON NEXT PAGE o-s PALM DESERT HOUSING AUTHORITY LANDSCAPE MAlNTENANCE BtD SUBMISSION FORM EXTRA WORK PRICING SCHEDULE LABOR Additional Labore� $ /��4c� per hour Additiona) Irrigator S� � per hour Additionai Supervisor $ S�c�(' per hour IRRIGATtON PARTS wi8 be paid at a 15% mark-up. PLAIVT AND LANDSCAPE MATERiAL REPLACEMENT Note: Unless otherwise described, r+spiacement planf material will be whatever is normal and customary for the City of Palm Uesert. 1-Gallon Shrub Jnsta{led $ ��C�U 5-Galion Shrub Installed � L t, DO 15-Gallon Shrub InstaHed $ t/s� � '15-Gaiton Tree installed" $ l d�� 24"-Box Tree lnstallsd* $ 2 S�, c�u 30"-Box Tree InstaUed" $ 7$�� 36"-Box Tree Installed* � 9�Ui v� Decomposed Granite(Compacted•2°) $ 3� ��sa. ft. Note: Anytl�ing over 36� box s�e will be paid at the contractua! hourly rabe plus maberials with a 15%mark-up. '"To indude the foibv�ng: digging of hole, setting of tree. backfilling, watering in of tree, staking(if needed), and securing avith cinch ties TURF MAINTENANCE Hybrid Bermuda(sod only)� installsd $ `�� 0 b per sq ft �verseeding (seed applicatron only): labor& Equipment $ � 0 g �er 1,0�sq ft Mowing: Labor& Equipmerrt $ p C�3 per 1,ppp sq ft At Autt�rity's discretion, additional work may be paid for using hourly tabor rate and materials plus 159�o mark up on materiais. as A BOND4� 20-SUR-207605 Premium: Included BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the Palm Desert Housing Authority ("Authority") has issued an invitation for bids for landscape maintenance work on property owned by the Palm Desert Redevelopment Agency ("Agency") described as follows: Palm Desert xousing Authority Landscape Maintenance Contract No. HA 29820 WH EREAS Pinnacle Holdings Group,Inc. dba Pinnacle Landscape Company 2200 South Fairview Drive, Santa Ana, CA 92704 714-434-7472 (Name, address, and telephone number of Bidder) ("Principal"), desires to submit a bid to Authority for the work. WHEREAS, bidders are required by the Authority to furnish a form of bidder's security with their bid. NOW, THEREFORE, We, the undersigned Principal, and American Safety Casualty Insurance Company, 23901 Calabasas Road, Suite 1085, Calabasas, CA 91302 (Name, address, and telephone number of Surety) (°Surety") a duly admitted surety insurer under the iaws of the State of California, as �en@t�e a ee he�,a[ld o�17tl�/ b0 oltldlu amonrith�i��ond AaqeXc�e��n�u�rb�I�iuh�d��dn�ix�m of u%) Thousand, Seven Hundred Forty-Four and no/100-- Dollars ($ 260,744.oo ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, �rmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by Owner and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, fumishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall 6ecome null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by Owner in the suit and reasonable attomeys' fees in an amount fixed by the court. Surety hereby waives the provisions of Califomia Civil Code § 2845. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto E-1 affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its goveming body. Dated: June 25, 2010 "Principal" "Surety" Pinnacle Holdings Group,Inc. American Safety Casualty dba Pinnacle Landscape Company Insurance Company ti ; � !1� BY� By: / r � , '�^- � �� U � Attorn y-in-Fact C ily M. Gipson � _ By: By. ItS ItS (Seal) (Seal) Note: This bond must be dated, all signatures musf be nofarized, and evidence of the authorify of any person signing as attorney-in-fact must be attached. E-2 . NUMBER POWER 4F ATTORNEY 20-5UR-207605 �s�,�� KNOW ALL 141�N BY THESE PRE$F.N'!�,drat Ameriran Safety Gsimlry insnrancc Comgany bas madc,oonstitutod and appointed.and by these piesents does make, constimee and appdots Cecily M. Gipson its we avd lawfaE attaney-in-fs�x,far it and its na�.Place.wd sGrad.ta execute on behatf o4 the said Company.as s�ety.t�ds.undertakiag�d conuac�s of sureryship ro be$ivert to ' - gr.�o�uc�rs! psovided tlnt�bond tx undutsldag ar�onaact a�suretyship execteted aqder this auttwrity shalt exceed in amonnt the sum of **ONE MILLION DOLLARS($1,000,000.00)** '[7�as Power of AtCorney�S g�i0ed�Rd u sigced aad scalat br€acsimile undrr and by dse autisarity af the follnwi�eg Resafation adctipted by the Board of T3irecfars of 1tx ComP�Y oa the Eigblb day of 5ep�ember.ZOD3. 1tE40L�7ED.ihat the Pre;s'sdent in conjnncn� witb!ho Seere�sry�any Assissaru SecrerazY�Y$PP�}nt attomeys-in-fact or ag,�s with aud�rity as d�fsncd or Firn'sted in t#m iastrwnent evidp�aag tfie appointmcat in rach c�f�aad oa belmlf of 3he Company,w acecnte and deliver and affix the scai vf the Campany to[wuds,undertakings, recagaizaaces,and suretystvp obGgatioas of aU 1�Is;and said affccers may remo�rc any such attorney-in-fact or ageat aed revake any power of attomey previoualy gcaneed co such pusons- RESOLVF.17 F[JATF�R.that aay bond.unde�akin&rzaoga�zancc,or surctyship obiigation sbeu be valid and bu�ag uA��Y� G)�en si�ed 1sY tl�e Prosident a any VkaPresi�et aad a�tesxd and seakd(i#a seal be required3 bY�Y�Y a Assisant Se�crotary+u ti7 when sigiud by the President a any l�ce-Praident ar Ssrseqry�Auisrant Sacd�yr.and�onnuasfgaed aad seated{iY a seal bc rsguirod)by a dWy aut6ariizM attarney-in-fact a a�or(ia)whcn duty cxewo�d and seaicd Gf a scal be required)by�e ar mare attame}�in-fact a agents pursuaat to artd wi�hin thc leraits of the suthoruy eviden�xd by ttee power o#attorney issued by the Ca►�aay to sueh pason or pasons. R�Sf1L'�D FI1RTf�,tbat tlu sig�wture of aay aathoriaed t�tt�cer�d thc seal ot tAe C�any a�y bc affixed hy f�csimile to any power of attamey a�cerrtification ttrereof antho�3ag t6e executiou and delivery of amy bond,w�lting,s�ecogaizsnce,or ather�mryship abligations af ihe Co�npany;and such signature and sca!when so nsed shall have the same force snd affects as though maaually a�"ixed. 1N WIIIVFSS WSSRF�OF.Amaiean Sa£ety C�st�lry lasurance Cwngany has caused its o�dal seal w tx lureunto affixed,anti these presenu ro be s'sp,nod by its President and attrstad by i�s Secretary thfis�ghth ttay aE 3eptember.2003. • . �y�u�w!n ��L�/,�� V W►'� AI�PSt � .`�. � Randorpn�.Huao.seeraary ��°4��^ Stephen R.Crim.President . � STATE OF GEO�GL1 COUNTY QF COBB } ,,. On tteis Eighth day of S�ted+ber,2003,befalc me persoaaliy cnme Stephen T2.G'sm,to�knuwn,who.being by me duly swarn,did depose and say shat 6s is ttx President of Americu►Safe.ly Casaaicy Ins�srance Company,the crotporation describ�in and whic�h eacocuted the above i�sstrumen�Q�at he knows dtie seal o£tht said corporn�ioo:t}u�the sea! affixaf to the sak!instrueeent is ssch corparxte seal:that it was so affized by order of the Bomrd of Diteaars of said ca�rpora�ia+and tfmt he signed his aarna thrreto by likc order. ��"^'�f ��;°`;�� ..3'4ys..7R�w �1��ss� RYtb .BaaYSwm.NOtary PUbHC _ � {�� I, th�e unaersignea, 5asetuy of Americaa s�fety £'asuatty l�sur� Company,� akl�. �. Do xERESY c�rlFir tha[ uK foregang ana auached Powa of At�orney rarrains in full farae sod tiaa�been revoktd;and fmtlxr:reore d�at rhe ResoluH�of ttee Boa�d of Dircctnrs.set fotch in c6e said Power of Arcorney,is now iu fanx. ��• `��.�. � Signed and Sealed at Me Ciry alAtismp,in the State of Geor�ia. .F�,�} na�ca ux 25th �y or June , 2010 . ��Y, . :a��': G - . � '�1:..�'��' ORlGltiq!C OF THIS P(�W FR<)F.977'nRNFY.9RF PRINTFD A7TN RFP'VLIA�FI�(�',q j,NZ!MEERS. !)i f[IC�t%fS.4��-1L1 r1tE�.�)(` �tt,f(�/� / .�. . lhfF `J�. ' t / l, .d .I..' DC t L!<'�TL S 51�.41_3_.11.II F_1 ttE�i t L F JR�C7_'a��f.l f L4`.T�_�.�.�t��(1��!�GC,�.�tt 4�r�1��f�lE��t��a��'F�k,�b/�VC:7YpN WITHTffE ORfGINAL. � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � State of California County of San Francisco '. � On June 25, 2010 before me, �ureen E. Schmidt,notary public �� Date Here Insert Name and Title of the OHicer � personally appeared Cecily M. Gipson Name(s)of Signer(s) , � ; who proved to me on the basis of satisfactory evidence to � be the person(s� whose name(s) is/a� subscribed to the within instrument and acknowledged to me that �e/she/#�executed the same in f�is/her�authorized capacity�ie.$), and that b�ris/her/#�eir signature(� on the '� f��iUREEN E. SCHMIpT instrument the person(s), or the entity upon behalf of � f COMM.#17gg87T $ which the person(s) acted, executed the instrument. � N07ARY PU6LIC-CALIFORNIA� SAN FRqNCISCO COUNTY (� I certify under PENALTY OF PERJURY under the laws COMM.E.XPIRES FE6,11,2p�y-+ �i of the State of California that the foregoing paragraph is � true and correct. WITNESS my hand and official seal. Signature �� C � Place Notary Seal Above Signature ot Notary Public OPTIONAL ! Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—� Limited ❑ General ❑ Attorney in Fact • ��. ❑Attorney in Fact � • • ❑ Trustee Top of thumb here �Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: �2007 National Notary Association•9350 De Soto Ave.,P.O.Bar 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of��('�_Yl� �_ On �� r�-�� ` f t� before me, � �� 't�GY ✓ (X LG,� Date + Here Insert Name and Title of the Officer � � ' t personally appeared -�'i ��/� �'•-C' �/��y� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor� whose name� is/al�subscribed to the within instrument and acknowled ed to me that he/sRe/the,y executed the same in his/�r/t�ieir authorized capacity(�s), and that by his/h�xltAe�r signature�`s,) on the MI1q1A J.SCHAEfFER � instrument the person(�s,� or the entity upon behalf of ��s��#18543,0 � which the person�acted, executed the instrument. Notary Public-C'INomia , � Oran�CouMy I certif under PENALTY OF PERJURY under the laws Comm.Ex ires Jun 16,2a�3 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ` {% . � Signature � Place Notary Seal Above Sign � e o ota � ubhc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: U Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • �- ❑Attorney in Fact • ❑ Trustee Top of thumb here �Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: OO 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the Palm Desert Housing Authority has awarded to hereinafter designated as "Principal", a contract for: PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE CONTRACT NO. HA 29820 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, , the Principal, and as Surety, are held and firmly bound unto the Palm Desert Housing Authority, hereinafter called Authority, and Palm Desert Redevelopment Agency, hereinafter called Agency, in the penal sum of Dollars ($ ), 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 bounded 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 the Authority and Agency, its officers 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 the 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 any way 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. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. Authority and Agency are the principal beneficiaries of this bond and have all rights of a party thereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party E-3 being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal"/"Contractor" "Surety" By: By: its its By: ey: its its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. E-4 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as "Contractor"), an agreement dated described as follows: PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE, CONTRACT NO. HA 29820, (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 3247 of the California Civil Code; NOW, THEREFORE, we, , 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 the Palm Desert Housing Authority and Palm Desert Redevelopment Agency 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 Dollars ($ ), 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 the above bounded Contractor as Principal, 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 work 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 3247 through 3252 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 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. E-5 FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal"/"Contractor" "Surety" By: By: its its By: By: Its Its (Seal) (Seal) Note: This bond must be execufed in duplicate and dated, all signafures must be notarized, and evidence of the authorify of any person signing as attorney-in-fact must be attached. 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). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) E-6 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS. AGENCY AND AUTHORITY The Palm Desert Housing Authority (Authority) is designated as the operator of certain properties identified in Resolutions 517 and HA-29 as well as newly acquired properties that are owned by the Palm Desert Redevelopment Agency (Agency or Owner). As such, the Authority is acting as the Owner's agent and is seeking proposals for landscape maintenance on thirteen (13) residential communities identified in the bid package*. All references in these General Terms and Conditions to Authority mean and include the Authority, Agency and/or Owner, and their related entities, officers, agents and employees. *NOTE: Not all properties identified in Resolutions 517 and HA-29 are included in this bid request. MANAGER Bidder must demonstrate the ability to accomplish all work associated with the landscape maintenance included in the Scope of Services and take direction from RPM Management Company (Manager or Management) in cooperation with the Authority's representative. The Manager, as part of their professional services contract, will have the authority to act as the Authority's agent as to the landscape maintenance contract. BUSINESS TAX The City's Business Tax Ordinance requires that a Business License be obtained before any business or trade is conducted within the City. Authority will verify that the bidder has a valid Palm Desert business license prior to the execution of the contract. CONTRACT REQUIREMENT The bidder to whom award is made shall execute a written agreement with the Authority or its Agent within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in this proposal. The agreement shall be similar in form to the agreement contained within the Contract Documents. FAILURE TO EXECUTE CONTRACT If the bidder to whom the award is made faits to enter into the contract, the award will be annulled, and an award may be made to the next lowest responsible bidder, and that bidder shall fulfill every stipulation as if it were the party to whom the first award was made. F-1 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS LABOR ACTIONS In the event that the selected bidder is experiencing a labor action at the time of the award of the contract (or if its suppliers or subcontractors are experiencing such a labor action), the Authority reserves the right to declare said bidder is no longer the lowest responsible bidder and to accept the next acceptable low bid from a bidder that is not experiencing a labor action, and to declare it to be the lowest responsible bidder. WAGES 1. Contractor acknowledges that this agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the Authority, and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to Authority, forFeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform Authority of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to Authority, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. F-2 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS . . WORKER'S COMPENSATION COVERAGE The Contractor shall pracure and maintain, during the life of the contract, worker's compensation insurance for all his or her employees engaged on or at the site of the project at the statutory limits for the State of California; and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide worker's compensation insurance by protection afforded by, worker's compensation insurance carried by the Contractor. California Labor Code Sections 1860 and 3700 provide that every contractar will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in acc dance wit the provisions of that code, and I will comply with such provisions before ommenci the perFormance of the work of this contract." Signature [p ..�� - �� Printed Name e � � � Company -J�' � � � Sl�r�,� ,..�e� C� rtie ��- SAFETY PROGRAM Upon request by the Authority, the Contractor shatl furnish the Authority with a copy of their Califomia OSHA required Injury and Illness Prevention Plan, or written description of their exemption, before proceeding with any work under this agreement. CALIFORNIA OSHA The Contractor is ful(y responsible for ensuring that all work pertormed under this contract is in compliance with the Califomia OSHA standards and regulations. Any delays in project completion, fines, legal fees, consulting costs or other losses stemming from California OSHA actions against the contractor for work performed under this agreement are the sole responsibility of the Contactor. F-3 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS CONTROLLING EMPLOYER The Contractor shall acknowledge that for the purposes of maintaining compliance with all California OSHA regulations and Standards they are the "controlling employer" for all their work sites. INSURANCE - HOLD HARMLESS Workers' Compensation/Emplover Liabilitv Insurance: The Contractor shall procure and maintain, at its sole expense, Workers' Compensation statutory benefits as required by the State of California. Employer's Liability insurance limits shall not be less than Two Million Dollars ($2,000,000.00) per accident for bodily injury or disease. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Authority, the Agency, and each of their officials, officers, employees and agents. Such insurance shall be in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor, the Authority, the Agency, and each of their officials, officers, employees and agents against any loss, claim, or damage rising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the agreement herein. Liability Insurance: During the entire term of this agreement, Contractor agrees to procure and maintain commercial general liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, and/or property damage, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the Authority, Agency or Contractor, or any of their officials, officers, employees and agents, its subcontractors, or any person acting for the Authority, Agency or Contractor, or its subcontractors, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the Authority and Agency against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: Bodily Injury $ 1,000,000 each person $ 2,000,000 each occurrence $ 3,000,000 aggregate products & complete operations Property Damage $ 200,000 each occurrence $ 500,000 aggregate A combined single limit policy with aggregate limits in the amount of $3,000,000 will be considered equivalent to the required minimum limits. F-4 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS The Contractor and its subcontractors shall carry commercial automobile insurance, with limits of liability equal to those required for commercial general liability insurance. All of such insurance shall be primary insurance and shall name the Palm Desert Housing Authority, Palm Desert Redevelopment Agency, and each of their related entities, officers, agents and employees as additional insureds by an endorsement to the policy. Contractor agrees that provisions of this Section as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to persons or property resulting from the Contractor's activities, the activities of its Contractor or the activities of any person or persons for which Contractor is otherwise responsible. Commercial General Liabilitv/Umbrella Insurance: Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88. The total limit shall be no less than; Two Million Dollars ($2,000,000) general aggregate. The Palm Desert Housing Authority, Palm Desert Redevelopment Agency, and each of their related entities, officers, agents and employees are to be covered as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 (in no event will the City accept an endorsement form with an edition date later than 1990). Coverage shall apply on a non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the Authority, or any officer, volunteer, agent or employee of the Authority. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Any deductibles or self-insured retentions must be declared to the Authority and approved by the Authority's Risk Manager prior to the commencement of work. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to the policy limits. There will be no cross liability exclusion. Policies shall have concurrent starting and ending. Business Automobile Insurance: Primary insurance shall be written on ISO Business Auto Coverage form CA 00010692 including symbol 1 (ANY AUTO). Limits shall be no less than $2 million per accident, $1 million each person. Starting and ending date shall be concurrent. F-5 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS The Contractor and Authority further agree as follows: 1. Contractor agrees to provide evidence of the insurance required herein, satisfactory to Authority, consisting of certificate(s) of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability and umbrella liability policies (if any) using ISO form CG 20101185. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage. Contractor agrees to require its insurer will provide 30 days notice of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. Contractor agrees to provide complete copies of policies to Authority upon request. 2. This Section supercedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 3. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 4. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the Authority or its operation limits the application of such insurance coverage. 5. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against Authority and Agency or any of the additional insureds. 6. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the Authority has the right but not the duty to obtain the insurance it deems necessary and Contractor will promptly reimburse any premium paid by the Authority. 7. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages. 8. Any actual or alleged failure on the part of the Authority or any other additional insured under these requirements to obtain proof of insurance required under this F-6 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS Agreement in no way waives any right or remedy the Authority or any additional insured, in this or any other regard. 9. Contractor agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds the Authority, Agency and all additional insureds required to be included in Contractor's policies of insurance pursuant to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of Authority, will reserve the right to charge back to Authority the cost of insurance required by this Agreement. Contractor agrees that all agreements with subcontractors or others with whom Contractor contracts with on behalf of Authority, witl be submitted to Authority for review. Failure of Authority to request copies of such agreement will not constitute any kind of waiver, nor impose any liability on Authority or its employees. 10.Contractor agrees to provide immediate notice to Authority of any claim or loss against Contractor that includes Authority as a defendant. Authority assumes no obligation or liability of by such notice, but has the right, but not the duty, to monitor the handling of any such claim or claims if they are likely to involve Authority. 11.The Contractor shall furnish the Authority with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be provided on standard ISO forms noted above. All endorsements are to be received and approved by the Risk Manager prior to the commencement of work. F-7 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS INDEMNIFICATION Contractor agrees to defend, indemnify and hold the Authority, the Palm Desert Redevelopment Agency, and Authority's and Agency's elected and appointed officials, officers, agents and employees ("Indemnitees") harmless with respect to any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor's performance of or failure to perForm any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of any of the Indemnitees, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of any of the Indemnitees who are directly responsible to the Authority, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and actual attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the Authority, its officers, agents or employees for any such claims or liabilities arising out of or incurred in connection with the performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Authority, its officers, agents, and employees harmless therefrom; (c) The Contractor shall maintain strict compliance with all provisions of Cal OSHA Standards and Regulations. The Contractor acknowledges and hereby agrees to be defined as the "Controlling Employer" at the job site. As the "Controlling Employer" the Contractor shall take reasonable steps to ensure that all employees and subcontractors maintain compliance with Cal OSHA Standards and Regulations. The Contractor shall be responsible for all fines, penalties and judgments that result from Cal OSHA action; (d) In the event any of the Indemnitees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Authority, its officers, agents or employees, any and all costs and expenses incurred by the Authority, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and actual attorneys' fees. F-8 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE GENERAL TERMS AND CONDITIONS CONTRACT ASSIGNMENT AND SUBCONTRACTING The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity or any kind without the previous written consent of the Authority. Contractor shall not subcontract any required performance except as disclosed in the Bid Submission Form. NON-DISCRIMINATION In the performance of the terms of this contract, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of accomplishing, on schedule, all work required under this contract. CONTRACTOR IDENTIFICATION The Contractor shall insure that all working personnel are identified by a work uniform that, at a minimum, includes a shirt that identifies the Contractor. All work vehicles used on the project shall also be identified, at a minimum, with the Contractor's name on the vehicles. PAYMENT TERMS The Contractor shall be paid monthly, in arrears, for the work specified and perFormed satisfactorily under this contract. Payment terms are thirty (30) days from the receipt of an original invoice, revised reports and acceptance of materials, supplies, or services (Net 30). SEVERABILITY If any term, provision or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. F-9 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE CONTRACT LOCATIONS One Quail Place Apartments, 72-600 Fred Waring Drive Las Serenas Apartments, 73-315 Country Club Drive Catalina Gardens Apartments, 73-600 Catalina Way (Includes the Community Areas between Catalina Gardens and Pueblos) Desert Pointe Apartments, 43-805 Monterey Avenue Neighbors Apartments, 73-535 Santa Rosa Way Taos Palms Apartments, 44-830 Las Palmas Pueblos Apartments, 73-695 Santa Rosa Way (Includes the adjacent complex: 'Pueblos EasY} California Villas Apartments, 77-107 California Drive Laguna Palms Apartments, 73-875 Santa Rosa Way Candlewood Apartments, 74000 & 74002 Shadow Mountain Drive Palm Village Apartments, 73-650 Santa Rosa Way Sagecrest Senior, 73-811 Santa Rosa Way La Rocca Villas, 42-135 Golden Eagle Lane SCOPE OF SERVICES Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations at the level of maintenance and service required by the Authority, for a period of twenty-four (24) months commencing from the date of execution of the contract documents. The Authority has the option of extending the contract annually after this date, based on performance by the Contractor. The work shall include, but is not limited to, proper horticultural maintenance of all landscape materials and hardscape structures as designated; inspection of irrigation system and expedient implementation of necessary adjustments and repairs; weed and pest control; litter and trash removal. G-1 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE SPECIFIC SERVICES TO BE PERFORMED 1. Weekly turf mowing, edging, weed eating, clean and blow 2. Weed control 3. Treatment of diseased shrubs and turf (provide a list to Manager monthly of diseased shrubs and turf and described treatment) 4. Renovation of turF once a year 5. Weekly inspection of irrigation controllers by irrigation expert 6. Weekly inspection/evaluation of overall irrigation system 7. Two annual color changes per year 8. Natural pruning shrubs 9. Maintain ground cover within planter beds 10. Fertilization 11. Safety tree pruning for trees under fifteen feet. Pruning to be monitored by I.S.A. Certified Arborist and City staff 12. Complete planter bed care 13. Pest control 14. Licensed pesticide applicator must possess Qualified Applicator License (QAL) 15. 24-hour"on-call" service 16. Playground maintenance Sidewalk/Hardscape Area Cleaning Contractor shall maintain and clean any accumulated sand, gravel, grass and plant clippings or debris on all sidewalk and hardscape areas within the defined property boundaries. All surtaces will be raked or swept after litter and/or weeds are removed. This shall be performed on a continuous basis. G-2 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE Chemical Applications The Contractor shall provide complete and continuous control and/or eradication of all plant pests including weeds and diseases at no extra cost. The Contractor shall provide control and/or eradication of other landscape pests such as gophers, snails and ants. The only exception to this is with regard to Red Imported Fire Ants and bees. The Contractor will be responsible for reporting to the Manager and Authority any Red Imported Fire Ant problems or bee activity (swarms or hives) immediately. Preventative fungicide shall be applied as necessary. The Contractor shall obtain necessary permits and licenses to comply with the City, County, State or Federal laws for using pest control chemicals. The Contractor will assume responsibility and liability of use of chemical controls. The Contractor shall be responsible for the safe and proper application of all chemicals. The Contractor shall be responsible for the replacement of any plants, turF, and trees killed or damaged by improper chemical applications. Weed Control A. Control of Bermuda grass, Nut Sedge and Bind Weed will be achieved through appropriate chemical means. Mechanical removal of these weed species will not be permitted while plant is actively growing. B. Planters, gravel areas, sidewalks, expansion joints, fence lines, drainage areas, bare areas, and around plants and trees shall be kept free of grass and weeds. This will be done on an as-needed basis. C. The Contractor shall perform weed removal and shall identify in their schedules approximate time frames for perForming this function. D. After weeds have been sprayed and removed, the Contractor shall rake or sweep the area removing any debris generated from weed removal. E. Chemical herbicide control is the responsibility of the Contractor. The Frequency Schedule outlines the minimum herbicide controls. If weed control has not been maintained as specified, the Manager or Authority may request additional herbicide applications at no additional cost to the Authority. Preventative weed control, such as pre-emergent herbicides and post emergent herbicides is the responsibility of the Contractor. All applications are to be per label recommendations. F. Submitted with their monthly checklist, the Contractor shall complete and furnish an herbicide spray log to the Authority. The log shall identify the type of herbicide G-3 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE used, location sprayed and application rates. The Authority will require proof of California State Applicators license QAL Category B - landscape maintenance by the person(s) supervising or performing the herbicide applications. G. The Contractor shall be responsible for the results of application of all chemicals and will be responsible for replacement plants, turf, and trees killed or damaged by the use of these chemicals. Insecticide/Fungicide Applications Management shall notify the Contractor in writing of any insect, fungus or disease problems. The Contractor shall be responsible for the application of the appropriate chemical. The Contractor shall be responsible for the replacement of any plant, tree or turf area, at no cost to the Authority, if appropriate measures or actions were not taken to control and/or eradicate the problem. Fertilization All fertilization of shrubs and trees will be extra to the contract and paid on a time and material basis. Annual Flowers Labor for twice a year color change. Includes approximately 2,500 flats in total annually. Contractor shall be required to prepare the soil, which will include rototilling of amendments and fertilizer. The Contractor will provide the plant material and installation of new plant material is to be completed in one week. Plant Maintenance A. All plant material shall be maintained as needed to prevent obstruction, as well as possible safety concerns to vehicles, pedestrians and/or the general public. Shrubs shall be maintained to create adequate line-of-sight vision for vehicles where applicable. All vegetation shall be maintained in such a manner as to eliminate over growth beyond its designated parameter and/or encroachment onto sidewalks or curbs. Keep plants located adjacent to sidewalks at a maximum height of three feet and pruned back one foot from edge of sidewalk. B. Dead material shall be pruned from plants as they occur. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one week, unless otherwise directed by the Authority. G-4 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE C. Plant material is to be pruned in a manner that is described as a two-step, naturalistic pruning procedure. For consistency, all plant material shall be pruned in accordance with the City of Palm Desert's "Landscape Maintenance Guidelines" book. This book provides pruning techniques and a calendar for ideal maintenance timing. This book is meant to be a visual guideline for the Contractor. The City may, at its own discretion, alter time lines or techniques, as the City deems necessary. D. The Contractor shall be responsible for replacing dead plant material, at no cost to the Authority, that die 30 days from commencement of the contract and through- out the term of this contract due to neglect, lack of maintenance or improper care. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract. This will be accomplished during the mandatory acceptance walk-through with the Authority representative(s), the Manager and the Contractor. Tree Maintenance A. Trees shall be pruned as needed to remove broken or diseased branches, or for traffic and pedestrian safety. Sidewalk clearance will be eight feet and vehicular clearance fourteen feet from grade. Any broken, structurally unsound or detached limb is considered a hazard. Suckers will be removed as they appear. B. The Contractor is only responsible for trees under fifteen feet in height. All other trees will be pruned under a separate contract, including palm trees. Dead palm fronds and seed pods, however, shall be removed from trees less than 15 feet as they appear. Juvenile trees will only be pruned under direct supervision of the City. C. It is the Contractor's responsibility to conduct a pruning program consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, and the City of Palm Desert's Tree Pruning Ordinance to promote proper form, strength, health, and appearance consistent with the intended use. No pruning will be conducted without onsite inspection of the Authority's representative. D. NO TOPPING OF TREES WILL BE ALLOWED. E. The Contractor shall be responsible for all tree staking. Ties will be monitored to prevent girdling. Remove ties and stakes as directed by the Authority's G-5 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE representative. Broken stakes are to be removed and if appropriate, replaced. Stakes should not remain on the trees longer than 6 months. If the tree cannot stand upright once stakes are removed, the Authority's Representative will then determine whether or not to replace the tree. F. The Contractor shall remove all debris from pruning, and tree maintenance the same working day as accumulated. G. The Contractor shall be held responsible for any damages done to trees due to poor management procedures. The Contractor shall replace trees, at no cost to the Authority, that die within 30 days after acceptance of the contract due to neglect, lack of maintenance, infestation or improper care. This does not include those trees identified on the mandatory walk with the Management/Authority and the Contractor. H. Any trees broken or damaged as a direct result of storm damage, wind, accident or vandalism shall be pruned and/or removed within 24 hours of notification. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an extra cost. Turf Maintenance A. Mowinq 1. Bermuda grass will be mowed at 3/4" height during the actively growing period. 2. Ryegrass will be mowed at 1" height starting with its first cut after over seeding and continuing until spring when the Bermuda grass becomes active. The Contractor may be required to mow rye grass to a 1/2" or less in order to promote Bermuda grass development. Unless otherwise directed by the Authority's representative (see Frequency Schedule), turf will be mowed every week and edged a minimum of every other week. Clippings may remain after mowing. However, in the event there is an overabundance of clippings, the Contractor is required to rake, sweep or vacuum, pick-up and dispose of these clippings at no additional cost to the Authority. The Contractor shall provide appropriate equipment and labor for the maintenance of the turf areas. Management reserves the right to inspect and/or approve any equipment being used in this contract. If Management deems the G-6 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE equipment is in disrepair or inappropriate for the task at hand the Manager or Authority's representative may require that the equipment be removed from the job site and replaced with a different piece of equipment. After which time a rotary type mower may be used on those turF areas that have been over seeded. Reel and/or rotor type mowers are acceptable. B. Irrictation: Contractor shall collaborate with the Management and Authority representative on appropriate watering schedules. Contractor is to produce a yearly irrigation schedule for all facilities. These schedules shall integrate scheduled maintenance operations, play/use of fields, water conservation, soil conditions and weather conditions. Watering times will have the approval of the Authority's representative. Additional watering hours will be allowed during the summer months at times when recreational areas are at non-peak use and if necessary. If necessary, the Contractor may be required to supplement the irrigation system should "problems" appear. C. Mechanical Core Aeration shall be performed as outlined in the Frequency Schedule. Any additional aerification will be performed as an addition to the contract. Core aerate to a depth of 6 to 8 inches into the soil. Cores may be swept or mowed and dispersed during mowing operations unless otherwise requested by the Authority. D. Detailinq and edainq of grass shall be performed as outlined in the Frequency Schedule. This shall include but not be limited to chemical and/or mechanical detailing using a string trimmer or an edger around buildings, sidewalks, mow strips, paved areas, valve boxes, goal posts, light fixtures, fence lines, walls, along infield edges, drainage areas, and bare areas in planters. At no time will grass or weeds be allowed to grow unchecked. An edger shall be used but not be limited to hardscape areas such as sidewalks, mow strips. All other areas may use an edger or string trimmer as appropriate and as approved by the Authority. E. Fertilization of turF areas will be as outlined in the Frequency Schedule. The Contractor shall supply the labor, material and equipment for fertilizer application. Fertilizer material is to be approved by Authority representative. F. ScalainctlOverseedinct Scalping/Overseeding Procedure: 1. The Contractor will determine date for the reduction of water. Begin lowering height of turf during scheduled weekly mowing (approximately three (3) G-7 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE weeks before final cut). One week before final cut the Contractor will reduce the water to minimum in the turF areas. Cut turf to a height of 1/2" or lower but do not allow blades to disturb soil. All grass clippings generated from this process will be vacuumed, swept or raked after each cut. No debris will be allowed to "stockpile" any longer than six (6) hours. A light irrigation syringe will be applied before the final cut to keep the dust levels to a minimum (per CVAG guidelines}. Actual dates for the scalping will be determined in the field with the Manager, the Authority's representative and the Contractor. Schedule will vary due to scheduled property use, condition of turF area, and the actual mowing height needed to ensure seed to soil contact. 2. The Contractor shall repair and replace any irrigation that was damaged or otherwise impacted by the scalping and subsequent clean up. 3. The scalping process shall be fully completed and approved by the Authority's representative by October 30 (date as agreed upon in scheduling process) before any seed may be applied. The Contractor shall supply the seed. The application rate for the seed shall be approximately 12-Ibs./1,000 sq. ft. 4. Contractor will monitor the irrigation to ensure proper coverage for rye grass germination. The Contractor is responsible for notifying the Management of any problems with the irrigation system immediately. Irriqation Maintenance: The controlling factor in the performance of water management within the Authority landscape maintenance area is the application of water to landscape plants at a rate, which closely matches the demands of plants and turf with little or no runoff. Plant health, roadway safety and water conservation are the primary reasons for proper irrigation maintenance. Contractual requirements shall be strictly adhered to by the Contractor. The format for inspection and repairs are as follows: 1. The entire irrigation system, including all components beginning at the meter shall be maintained in an operational state at all times. This coverage shall include, but not be limited to: all Authority owned valves, backflow devices, piping, electrical wiring, heads, emitters, filters, and pumps. 2. All irrigation systems shall be tested a minimum of once a week. A monthly report shall be filled out and submitted to the Management listing locations, time and date of inspection and results thereof. The Contractor shall prepare a schedule of when and where these irrigation checks will take place. This schedule is to be submitted to the Management or Authority's representative on a weekly basis. G-8 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE 3. All systems shall be kept in adjustment to ensure proper coverage, prevention of excessive run off or erosion. Adjustments shall include, but not be limited to: actual head adjustment, cleaning and flushing of lines, heads, and filter screens as well as obstructions within these components. Repairs or replacements to the irrigation system shall be made with like parts. No substitutions shall be allowed without written approval of the Authority. Costs for adjustments shall be included in the contractual costs for operation and maintenance of the irrigation system. 4. All damage resulting from the Contractors maintenance operations including but not limited to: the Contractors failure to properly maintain the system, shall be repaired or replaced prior to the end of the work day or as directed by Management or Authority's Representative at the Contractor's expense. 5. Repairs to the irrigation system shall be divided into two categories as follows: a. Minor repairs shall include but not be limited to: all lateral lines regardless of size and all other irrigation components after the valve. The cost for minor repairs, labor and materials shall be included in the contractual costs for operation and maintenance of the irrigation system. b. Major repairs shall include all mainline pipe regardless of size and all other irrigation components from backflow device to, and including, the valve. The cost for labor and materials for major repairs shall be considered additional services. Such work will be billed according to the Extra Work pricing schedule provided as part of this contract. Major repairs to the irrigation system shall be accomplished within 24 hours after Contractor received written approval from the Authority. 6. The Contractor is responsible for adjusting sprinkler heads and valve boxes to a level that will prevent damage by maintenance equipment or pedestrian traffic. Damage caused by improper height adjustment will be repaired by the Contractor at no cost to the Authority .The Contractor shall be responsible for all damage done to irrigation components as well as any plant material affected by Contractors personnel or equipment during maintenance operations. 7. The Contractor shall provide personnel fully trained in all phases of irrigation operation, adjustments and repairs for irrigation systems used in the Authority landscape maintenance area. The Contractor shall provide personnel capable of communicating with Manager and Authority representatives at a proficient level of English. G-9 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE Extra Work During the course of the contract period, additional services, labor and materials, beyond those specified in the contract may be required and performed on a time and material basis. Such work will be billed according to the Extra Work pricing schedule provided as part of this contract. The Contractor shall submit a request for extra work, identifying the estimated material costs and a not to exceed labor cost, and approval from the Authority or Manager before commencing work. The Contractor must have a signed authorization before payment can be made. The Contractor shall provide twenty-four (24) hour emergency service, with prompt correction of mitigation of emergency damage when notified of an occurrence. An emergency that is causing a hazard to the public or property must be responded to within one (1) hour. Failure to do so may result in monetary deductions from the monthly billing. Work should be limited to the level required to mitigate an emergency any further repairs shall be completed during normal working hours. Extra work wilt be a separate item from normal contractual duties. The Contractor is expected to complete the contractual duties as specified on schedule and extra work shall not interfere with or delay these duties. On any or all of the above items, at the Housing Authority's discretion, the Contractor may be paid the listed hourly rate plus materials and a 15% markup on materials only. Plav4round Maintenance Contractor will perForm playground maintenance on properties that have a designated playground. Playground maintenance shall consist of power washing playground equipment, including underneath equipment, to remove soda, candy, spider webs, etc. Contractor shall also rake and/or sweep playground surface to remove litter, debris, and clippings. Playground surfaces that contain engineered wood fibers and/or sand shall be raked to fill in low areas under swings and slides. Engineered wood fibers and/or sand shall also be raked so that a smooth transition can be made from these surFaces to a hardscape surface. G-10 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE Renovation Work During the course of the contract period, one or more properties listed may undergo renovations where the scope of services for landscape maintenance may be amended. Contractor and Authority understand that a change that results in additional work or less work will be agreed to in writing and adjusted by the Extra Work pricing schedule. Safety Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and the American National Standards Institute (ANSI) 2133.1 standards. The Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. Green Waste The Contractor shall remove all debris generated from maintenance operations on a daily basis. All debris /trash will not be allowed to remain on site after work hours. Disposal of debris shall not be allowed in any Authority trashcan, bin or Authority facility unless the Authority has authorized other arrangements. The Contractor shall recycle all appropriate green waste removed from Authority landscape areas at an approved facility where green waste is converted to a usable soil amendment. Upon request, the Contractor may be required to provide verification of green waste disposal. Schedules At the pre-contract start-up meeting, Contractor will present a temporary or baseline schedule of work for the upcoming year. Thirty days from issuance of the Notice to Proceed, a permanent schedule will be given to Authority. Failure to provide this schedule to Authority in the appropriate time may result in termination of the contract. The schedule must include the Frequency Schedule as it pertains to the maintenance for that month. Authority will assume that Contractor will adhere to the schedule. Authority must receive notification of changes at least 24 hours in advance. G-11 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE SCOPE OF SERVICES SPECIFIC TERMS AND CONDITIONS INCLUDING FREQUENCY SCHEDULE SCHEDULING OF WORK Unless otherwise approved by Authority, Contractor shall not work outside the established hours of operation for this project: May 1 through September 30 Weekdays (MTWTF): *6:00 AM to 7:00 PM Weekends (Saturday): **8:00 AM to 5:00 PM Weekends (Sunday): No Work City holidays: No Work October 1 through April 30 Weekdays (MTWTF): *7:00 AM to 5:30 PM Weekends (Saturday): **8:00 AM to 5:00 PM Weekends (Sunday): No Work City holidays: No Work Failure to observe these work hours may result in a citation being issued to the offenders by the police department. (Emergency work directed by Authority is not held to these restrictions.) Current License and Certification Reauirements • City of Palm Desert Business license • C-27 California State Contractors License • Arborist Certification from the International Society of Arboriculture • State of California Pesticide License QAL for chemical applications category B • County of Riverside Pesticide Business License G-12 � N � � R J � � 00 2 _ C� 00 � OD � +r U� V N 00 2 _ U' 00 � 00 � � � _ a '> m = c� m � m d � � o = o `� 3 V m 2 C� m � m � 0 � d � a m = C� m � m � o E � � � — — N � F' a m = c� m � m Z OW � G � = U F- W �° F— ZN G = s � a W Z V � 4ZU O � z m = — — c� m � m U >- Z Z W Z Z Q c y � Q (n W 7 � M � � Q � W a�� = W0 gW Q � a m = — — c� m � m � ~ aa w � � d .� � Nv ~ � � o QZ � � Q oa m = — — c� m � m V � � J aV = � Q y Z �s v a � � � � m = _ c� m � m � �C y � O � <C � C� DO 2 — — C� DO � 00 � J � � � �0 2 C� 0� � 00 � �ca 0 C'1 m 2 U` m � m � � I ui v � � U `� O c�n I � � � c C � I � � (d � � � U (ap � C ,� � •� � (6 � � "6 -� UtL � O � .N � •c � L � � (p � ~ � N N � N �'� tII C � � � � Y � � � c� � � � Q � 3 Q m � �I�— U c°� H tii�— U 3 rn� L � �tS � .E � �i c�i v �ci cfl � o0 � N � R � � J � ; Y _ 00 0� �C Y � G� +• fn C1 N Y _ 0� �0 � Y � � � � _ a � Y _ [0 00 � Y � � � c � � o V 3 Y _ 00 00 � Y � O � d � a Y — CO 00 � Y � N O � � (n J F" d Y _ [� m _ � Y � Z �pW � C � = C) F_ W � aZV Q � d � � ; V }, Z Y _ 00 m _ � Y � Z Z W Z Z Q c N Og � N � � �a � = W � � W Q -� Y _ m m _ � Y � � ~ ad WLL 'C d WNO � � y � � pC) C) Z oa° Q Z � LL 0 Y _ m m _ � Y � V � '�L� J WJ c � Q N Z �c v a — � o t� (� Y — [0 00 — � Y � N .� N O � �iv � V Y — DO 00 � Y � N � J � d N Y — [� 00 � Y � � �ta � C'1 Y - m m _ � Y � c � � � � � � � � N �O �� N � � •C � � � � � � > C O. 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U � cWn � Z a a °_ a cn � ¢ J p cn c� W w �— m = o � � � � � � �= w � a�. cvn � � Q F' � � � � � O O �, � W � N � � } J � f— LJ.. (� W m Z } `� J J J } J W W W W m } cn Y J I— W � J Z � � � _ � Y �- W I=— Z ~ Z Q O W W W W J W J � Z � Q Q Z Q Z Z Z � o � o m � m =U' m Q cWn Q Q ¢ Q �D U 0 uJ �i C� 2 _ � Y � � . 1�r",.�,��, $2.E t • PALM DESERT HOUSING AUTHORITY ADDENDUM N0. 1 CONTRACT NO. HA-29820 PROPERTYLANDSCAPE MAINTENANCE CONTRACT JUNE 7, 2010 TO ALL PROSPECTIVE BIDDERS: Ponions of the following sections of the Specifications for the Property Landscape Maintenance services ("Specifications") have been amended to include the following information. Nothing in this Addendum is meant to imply that the original specifications have been changed, however, when any conflict exists, the information in Addendum No. 1 will supersede the specifications issued for bid on June 28, 2010. Careful note of all Addendums shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendums and that all trades shall be fully advised in the performance of the work that will be required of them. The Authority maintains all rights and provisions in the Specifications as previously presented. CATALINA COMMUNITY AREAS: Aitached to this Addendum No. 1, as Exhibit A, is a map of the community area at Catalina Gardens clarifying the area covered by the bid package. All residential landscape areas at Catalina Gardens Apartments are to be included. The map is simply to identify the landscape maintenance areas surrounding the community center property that are in question. COLOR CHANGES PER YEAR: Two annual color changes are required per year based on the current color locations. Bid in accordance with"Specific Terms and Conditions—Annual Flowers". CONTRACT TERM: The contract term will be for a term of 24 months from the first of the month following the execution of the contract or September 1, 2010, whichever is later. The Authority reserves the right to extend the contract annually based on the performance of the Contractor. CONTRACTOR'S PROPOSAL: There is no set mandatory amount of manpower since this is a performance contract; however, the bidder is required to state the estimated manpower the bidder will use each week to fulfill the contract. Such information will be reviewed as part of the bidder's technical ability and experience. TECHNICAL ABILITY AND EXPERIENCE: Prior year's requests for bids for landscape maintenance for the Housing Authority may or may not include all of the information required by this bid package, it is the bidders responsibility to ensure that all of the requested technical knowledge, skills, experience, abilities, documentation and references identified in the bid package are included in the bid submission. All other project plans and specifications stay the same. ACKNOWLEDGMENT OF RECEIPT OF ALL ADDENDA (ADDENDUM NO. 1) IS REQUIRED tN ORDER FOR A BID TO BE CONSIDERED RESPONSIVE. BIDDER IS REMINDED TO INDICATE SUCH ACKNOWLEDGMENT WITH THE SUBMITTED BID IN ACCORDANCE WITH THE INSTRUCTIONS TO BIDDERS - ADDENDA. NO ADDITIONAL ADDENDUMS WILL BE ISSUED FOR THIS BID REQUEST AS THERE WOULD BE INSUFFICIENT TIME FOR BIDDERS TO RESPOND TO SUCH ADDENDA. PDHA�andscape�Aaintenartce Serv�ces 2010 Addendum No.1 June 7.2010 Page t of t � �� u ��+� � � �� 1 � � N .�