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HomeMy WebLinkAboutHA38270 Landscape Maintenance Area 3 (LMA 3) 903-20Contract No. HA38270 MEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT PALM DESERT HOUSING AUTHORITY PUBLIC WORKS DEPARTMENT May 23, 2019 Randy Chavez, Landscape Supervisor Award Contract No. HA38270 to Liberty Landscaping, Inc. for landscape maintenance services at the Palm Desert Housing Authority properties, Landscape Maintenance Area 3 (LMA 3), in an annual amount of $334,500 for contract services and an annual not - to -exceed amount of $85,000 for extra work (Project No. 903-20) By Minute Motion: 1) Award Contract No. HA38270 to Liberty Landscaping, Inc. for landscape maintenance services at the Palm Desert Housing Authority properties, LMA 3, for a period of thirty-six (36) months in the total annual amount of $334,500 for contract services; and 2) Authorize the annual not -to -exceed amount of $85,000 for extra work; and 3) Authorize the Chairman and/or the Executive Director to execute the agreement and any documents necessary. Monies have been included in the Fiscal Year (FY) 2019/2020 proposed Palm Desert Housing Authority ("Authority") operating budget, in the appropriate Authority accounts. Housing Commission Recommendation The Housing Commission reviewed this recommendation at its regular meeting of May 8, 2019, and Staff will provide a verbal report upon request. Strategic Plan This request does not apply to a specific strategic plan goal. Contract No. HA38270 May 23, 2019 — Staff Report to Housing Authority Award Contract to Liberty Landscaping, Inc. for LMA 3 (Project No. 903-20) Page 2 of 3 Backciround Analysis LMA 3 consists of the Authority's fifteen (15) multi -family and senior properties, comprised of approximately 1,100 units. Landscape maintenance services for these properties are provided by the City through contractors that were selected by the lowest bid. This selection process has been deemed inadequate as contractors would provide artificially low bids in order to secure the contract, then fail to adequately perform the work to City standards. In order to address this issue, the bidding process was modified in concurrence with the City Attorney to select contractors based on qualifications as well as cost. This allows the City to include experience, equipment, and qualified labor in determining the best qualified firm for the services being requested. This process has been used successfully with other landscape maintenance services in the City and the level of service and quality of maintenance has improved substantially. Staff issued a Notice Inviting Proposals, and on April 23, 2019, six (6) proposals were received. A selection committee that included two Project Managers and a Capital Improvement Project Specialist reviewed the proposals and ranked them as follows: Contractor 1. Liberty Landscaping, Inc. 2. Kirkpatrick Landscaping Services 3. Conserve LandCare 4. Mariposa Landscapes, Inc. 5. Urban Habitat Environmental 6. Southwest Landscape & Maintenance Location Riverside, CA Indio, CA Thousand Palms, CA Irwindale, CA Indio, CA Indio, CA Annual Amount $334,500 $498,000 $357,840 $535,452 $470,784 $324,240 Based on the review of submittals, staff recommends that a three-year contract with an option of two, one-year extensions be awarded to Liberty Landscaping, Inc. Extra work and services cover unquantifiable activities that may arise and are necessary for landscape maintenance services that are not part of the landscape maintenance contract. It includes the repair and replacement of irrigation equipment, repair, maintenance, and replacement of lighting equipment, emergency tree work, grass seed and fertilizer, replacement of trees and shrubs, pest control, accident and vandalism repair, and replacement of damaged items. When a need for extra work arises, the contractor who has been awarded the maintenance contract for an established Landscape Maintenance Area is given priority over other contractors. The City has found that it can be problematic to bring in an outside contractor to complete work in an area being maintained by another contractor. For example, if damages are detected after an outside contractor performs work in the area, it is difficult to determine which contractor is responsible. Therefore, utilizing the same contractor for the maintenance and extra work fosters continuity and reduces the likelihood of potential conflicts. Contract No. HA38270 May 23, 2019 — Staff Report to Housing Authority Award Contract to Liberty Landscaping, Inc. for LMA 3 (Project No. 903-20) Page 3 of 3 Fiscal Analysis The fiscal impact of this contract is the cost of the annual contract amount of $334,500 for contract services plus extra work in the not -to -exceed amount of $85,000, which will be paid from the FY 2019/2020 Authority's proposed operating budget. LEGAL REVIEW DEPT. REVIEW N/A Robert H. Hargreaves City Attorney CONTRACTOR: Thomas Garcia P.E. Director of Public Works Liberty Landscaping, Inc. 5212 El Rivino Road Riverside, CA 92509 ATTACHMENTS: Proposal Agreement FINANCIAL REVIEW t Moore Director of Finance CITY MANAGER Lauri Aylaian City Manager BY HOUSG AUTH ON (i5- VERIFIED BY: Original on file with City rk's Offio fkqS:k r n'ik-,�.TarOTE1, Palm Desert Housing Authority LANDSCAPE MAINTENANCE AREA NO. 3 Contract No. HA38270 Project No. 903-20 CONTRACTOR'S PROPOSAL BY SITE TO: PALM DESERT HOUSING AUTHORITY, "AUTHORITY" DATE: April 19, 2019 PROPOSER: Liberty Landscaoina. Inc. "CONTRACTOR" The undersigned declares that he/she has carefully examined the Contract Documents and Addendums No.(s) 1 that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the respective firm and propose services to Palm Desert Housing Authority. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the Contract Documents and shall be inclusive of all costs for the Proposer to accomplish the work. The costs of any work shown or required in the Contract Documents, but not specifically identified as a Contract Pay Item are included in the Contract Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Contract Documents. For each Site, referenced here as a "Unit" the maintenance cost per unit shall be indicated by month, annual cost as well as total contract cost. The total annual contract shall be indicated. The total contract proposal for the entire 36 months shall be indicated for informational purposes only. CONTRACTORS PROPOSAL PRICE BY SITE UNIT PRICE SITE SITES DESCRIPTION 1. 2. 3. One Quail Place 72-600 Fred Waring Las Serenas 73-315 Country Club Dr. California Villas 77-107 Califomia Drive TOTAL UNIT (s) MONTHLY ANNUALLY CONTRACT Unit Price Unit Price TERM PRICE (36 Months) 1 $ 7,195.00 $ 86,340.00 $ 259,020.00 1 $ 3,935.00 $47,220.00 $ 141,660.00 1 $ 3,555.00 $42,660.00 $ 127,980.00 -9- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS AGENCY AND CONTACT Cannon Management 6349 Riverside Ave, 2nd Floor Riverside, Ca 92506 Angle Quintero, Property Manager (760) 674- 1139 REFERENCES CONTRACT SITE The Regent Apartement Hom 73- 373 Country Club Drive Palm Desert, CA 92260 2 Alliance Residential Canterra Apartments 960 Canterbury Place, Ste. 100 74- 401 Hoveley Lane East Desert. CA 92260 Escondido, CA 92025 Palm Judith Savage, Property Manager (760) 340- 5000 3 Palm Desert Housing Authority Palm Desert Houing 73-510 Fred Waming Drive Authority Palm Desert, CA 92260 Multiple Job Sites Teresa Vakili (760) 674-1139 -17- i CONTRACT AMOUNT 5211,500.00/year 3111,100.00/year $328,790.88yeal CONTRACT TERM 18 Years 10 Years 5 Years PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 Project No. 903-20 Contract No. HA38270 PROPOSED FACILITIES, EQUIPMENT & STAFFING SCHEDULE Facilities: List location/address and telephone phone number of facility(ies) from which work crews and equipment will be dispatched. 38- 615 Rancho Los Cerritos Drive Bermuda Dunes, CA 92201 (951) 232- 3433 (951) 232- 8979 Equipment: List equipment to be furnished to execute work tasks specified in this Agreement, General Provisions, and Special Provisions. Use additional sheets as necessary. Include photos. • POWER EQUIPMENT MOWERS • TYPE: Toro Lazer 52" NUMBER: 1 • TYPE: Toro 21" NUMBER: 3 • TYPE: NUMBER: • TYPE: NUMBER: TURF SWEEPERS and VACUUMS • TYPE: N/A NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: AERATORS • TYPE: Classen TA 25 NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: SEEDERS • TYPE: Lesco NUMBER: 2 • TYPE: NUMBER: • TYPE: NUMBER: -18- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS • TYPE: SPRAYERS • TYPE: Spray Truck -Ford F-150 • TYPE: Lesco Backpack • TYPE: • TYPE: TRACTORS • TYPE: John Deere- Loader • TYPE: • TYPE: • TYPE: UTILITY VEHICLES • TYPE: John Deere- Gator • TYPE: • TYPE: • TYPE: NUMBER: NUMBER: 1 NUMBER: 4 NUMBER: NUMBER: NUMBER: 1 NUMBER: NUMBER: NUMBER: NUMBER: 1 NUMBER: NUMBER: NUMBER: PROPOSER ACKNOWLEDGES THAT THE COMPANY HAS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER AND HAND TOOLS TO COMPLETE CONTRACTUAL WORK. (Please initial) 1Y1m Staff: List the employees, both labor and supervision, specified in this Agreement, General Provisions, any applicable licenses/certifications held by a personnel are to be shared with another contract General Landscape Maintenance (List Laborer(s), Irrigator(s), Field Supervisor(s), education, certification, licensing information and additional sheets as necessary to be routinely assigned to execute work tasks and Special Provisions. Be sure to note by title ssigned personnel. Indicate with (S) if listed or project. Use additional sheets as necessary. and Project Manager(s) — include any relevant years of experience for each person listed). Use Manuel T. Mendes- Regional Manager, Irrigation Auditor, OAL 100444 30 Years Jose Noriega- Field Supervisor, Irrigation Certificate 20 Years Jose De Jesus Noriega- Assistant Supervisor 5 Years Jesus Guillen- Foreman 20 Years Victor Serrano- Foreman 10 Years Marcos Resendiz- Irrigation Technician ,15 Years Amando Sanchez- Laborer, 10 Years -19- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA N0. 3 PROPOSAL SUBMISSION FORMS Jose Lopez- Laborer 8 Years Juan Diaz- Laborer 2 Years Juan Santos- Laborer 2 Years Jose Leal- Laborer 3 years Tree Pruning and Maintenance (Include any ISA or equivalent certified personnel and years of experience) Fredy Contreras- Arborist WE- 12056A 7 Years Sergio Casillas- Foreman 5 Years Humberto Ramirez -ISA 14 Years Daniel Hernandez- ISA 9 Years Irrigation System Maintenance (List technical personnel — include any relevant education, certification, licensing information and years of experience for each person listed) Jose Noriega- Irrigation Certificate 20 Years Jose De Jesus Noriega- 5 Years Marcos Resendiz- 15 Years Pesticide Application (List licensed and/or certified personnel and years of experience - all non -licensed, non -certified personnel must have received verifiable annual training) Use additional sheets as necessary. Manuel T. Mendes- QAL 100444 30 Years & Nicacio Casillas QAL 117404 25 Years Jairo Salinas- Spray Technician 3 Years -20- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS Landscape and Irrigation Design (List personnel with formal training and certificates and years of experience) Adrian Casillas- Arborist WE11895 A 6 Years Nicacio Casillas- Operations Manager 20 Years Other Staff Training and Formal Education (Including years of experience) Liberty Landscaping, Inc. has over 20 years experience in landscape maintenance with public angencies and multi -family residential contracts. We provide continues traning in irrigation, chemical application, tree care and Overseeding in accordance with Coachella Valley Association of Goverment. Liberty Landscaping, Inc is a member of the Palm Desert Area Chamber of commerce. -21- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 Project No. 903-20 Contract No. HA38270 PROPOSED PROJECT WORK SCHEDULES PROPOSER(S) SHALL CREATE AND ATTACH A PROPOSED WORK SCHEDULE FOR ALL HOUSING LANDSCAPE MAINTENANCE PROPERTIES SHOWN ON CONTRACTORS PROPOSAL PRICE BY SITE. -22- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS Proposed Project Work Schedules- Housing Landscape Maintenace Properties Foreman MONDAY TUESDAY Jesus Guillen California Villas One Quail Place Victor Serano Detail Crew Marcos Carlos Ortega Desert Pointe Las Serenas Neighbors Gardens Palm Village One Quil Place Catalina Gardens Resendez Neighbors Gardens Jessie Las Serenas One Quail Place Noriega California Villas Desert Pointe Neighbors Gardens Armando Sanchez On -site WEDNESDAY Las Semas Candlewood La Rocca Villas Carlos Ortega Las Serenas La Rocca Carlos Ortega One Quail Place One Quail Place One Quail Place THURSDAY Catalina Gardes Pueblos/ Taos Palm Village Laguna Palms Sagecrest Catalina Gardens Desert Pointe Pueblos 1 Taos Palm Village Sagecrest Candlewood One Quail Place FRIDAY I Catalina Gardens Laguna Palms Santa Rosa Desert Pointe Candlewood Laguna Palms Carlos Ortega La Rocca Catalina Gardens Laguna Palms Santa Rosa One Quail Place PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.3 Project No. 903-20 Contract No. HA38270 NON -COLLUSION DECLARATION To Be Executed by Proposer(s) and Submitted with Proposal The undersigned declares: I am the Alejandro Casillas of Liberty Landscaping, Inc. , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on April 22 , 2019 , at Riverside , CA City State CONTRACTOR By: c j L -.�� v Signature Title: President -23- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 t.Ii.iL-it..ul.i-WS114,1r..6.11J.1VuiWi6..1I... i 1.i 6. i 1...6,....11W.. ski a.Y-M60"'—•......Y .W,..Y ,Ii.. 111,1,W...... L W-✓1W+i•+:u201 A rotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of tiyerside On April 22, 2019 Date personally appeared before me, Stephanie D. Fisher, Notary Public Here Insert Name and Title of the Officer Alejandro Casillas Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(e)- is/are- subscribed to the within instrument and acknowledged to me that he/she:Abets; executed the same in his/her/theirauthorized capaclty(iee), and that by his/her/their signature(e)-on the instrument the person(* or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. STFEPHANIE D. FISHER 6 OMM. #2198544 NOTARY Watts - CAUFORNIA Fri My Comm Dens lone I& 2021 WITNESS my hand and officia Signature gnatu : o blic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: one Signer(s) Other Than Named Above: no other signers Capacity(les) Claimed by Signer(s) Signer's Name: Alejandro Casillas ❑ Corporate Officer — Title(s): 0 Partner — 0 Umited 0 General E Individual 0 Attomey in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Umited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other. Signer Is Representing: w. /W V ■KNIO .nV.Nr W.YvW III.,,fS,h..Mvt1e. . pW Opr.../--I...O► WrOv, 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.3 Project No. 903-20 Contract No. HA38270 PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on. be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.' Name of Contractor: Liberty Landscaping, Inc. DIR Registration Number: DIR Registration Expiration: 1000009701 June 2019 Small Project Exemption: Yes or X , No Unless Contractor is exempt pursuant to the small project exemption. Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non -responsive. Name of Contractor: Liberty Landscaping, Inc. Signature: Irice-cX T `1- Name and Title: Manuel T. Mendes- Regional Manager Dated: April 22, 2019 ' If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark 'Yes" in response to "Small Project Exemption." -24- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code section 2200 et seq.) As required by California Public Contract Code section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code section 2200 et seq.) is true and correct: ® The Contractor is not: (i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203; or (ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ❑ Authority has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, Authority will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ❑ The amount of the Contract payable to the Contractor for the Work does not exceed $1,000,000. Signed T Titled Regional Manager Firm Liberty Landscaping, Inc. Date April 22, 2019 Note: In accordance with Pudic Contract Code section 2205. false certification of this form shall be reported to the Cabfomla Attorney General and may result In civil penalties equal to the greater of S250,000 or twice the Contract Price. termination of the Contract and/or tneltgibl rty to bid on contracts for three years. -25- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 1 PROPOSAL SUBMISSION FORMS PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.3 Project No. 903-20 Contract No. HA38270 PROPOSAL AFFIRMATION With regard to the information provided hereinabove, I affirm that: • All information provided is true and correct to the best of my knowledge, and; • I understand that a materially false statement willfully or fraudulently made in connection with this Proposal may result in the termination of any contract between the Palm Desert Housing Authority and Liberty Landscaping. Inc. , and as a further result, the aforesaid firm may be barred from participation in future Authority contracts as well as be subject to possible criminal prosecution, and; • I have legal authority to bind Liberty Landscaping, Inc. terms of this affirmation. FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED :_y aV- gDl4 Signat Date Alejandro Casillas Printed Name President Title Liberty Landscaping, Inc. Company Name END OF PROPOSAL -26- to the PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.3 PROPOSAL SUBMISSION FORMS 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. TOTAL Catalina Gardens 73-600 Catalina Way Desert Pointe 43-805 Monterey Avenue Laguna Palms 73-875 Santa Rosa Way Neighbors 73-535 Santa Rosa Way Pueblos 73-695 Santa Rosa Way Taos Palms 44-830 Las Palmas Candlewood Apartments 74000 & 74002 Shadow Mountain Palm Village Apartments 73-650 Santa Rosa Way Sagecrest 73-811Santa Rosa Way La Rocca Villas 42-135 Golden Eagle Lane Carlos Ortega Villas 77-915 Avenue of the States Santa. Rosa 73625 St. Rosa Way 1 $ 2,255.00 1 $ 1,535.00 1 1 1 $ 425.00 1 $ 610.00 1 $ 795.00 1 $ 625.00 1 1 1 1 $1,680.00 $ 1,010.00 $ 355.00 $1,375.00 $ 1,660.00 $ 865.00 $ 27,875.00 $ 27,060.00 $ 18,420.00 $ 20,160.00 $12,120.00 $ 5,100.00 $ 81,180.00 $55,260.00 $ 60,480.00 $ 36,360.00 $ 15,300.00 $ 7,320.00 $ 21,960.00 $ 9,540.00 $ 28,620.00 $7,500.00 $ 22,500.00 $ 4,260.00 $ 12,780.00 $16,500.00 $ 49,500.00 $19,920.00 $ 59,760.00 $ 10,380.00 $ 31,140.00 $334,500.00 $1,003,500.00 TOTAL AMOUNT FOR 36 MONTH PERIOD IN FIGURES: $ 1,003,500.00 TOTAL CONTRACT AMOUNT FOR 36 MONTH PERIOD IN WORDS: One million three thousand. five hursred doljars. In the event of a conflict between the numbers give in figures and in words, the words shall control. IN WITNESS WHEREOF CONTRACTOR executed this Proposal as of date set forth: Signature of Proposer _ 4 T. -)4.,,on��— Signer's Name: Manuel T. Mendes Company Name: Liberty Landscaping, Inc. Date: April22.2019 -10- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS LABOR Additional Laborer Additional Irrigator Additional Foreman PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 Contract No. HA38270 Project No. 903-20 ADDITIONAL WORK PRICING SCHEDULE $ 35.00 $ 55.00 $ 45.00 per hour per hour per hour At Authority's discretion, additional work may be paid for using the contractual hourly rate for labor listed above with a 15% mark up on materials or by using the unit pricing listed below. PLANT MATERIAL REPLACEMENT Unless otherwise described, replacement plant material will be whatever is normal and customary for the City of Palm Desert. 1-Gallon Shrub Installed 5-Gallon Shrub Installed 15-Gallon Tree Installed' 24"-Box Tree Installed' $ 11.00 $ 35.00 $ 120.00 $ 330.00 Note: Anything over 24" box size will be paid at the contractual hourly rate for labor, and materials at cost plus a 15% mark-up. *Includes the following: digging of hole, setting of tree, backfilling, watering -in of tree, staking (if needed), securing with cinch ties, and adjusting repairing, or retrofitting irrigation TURF MAINTENANCE Mowing: Labor & Equipment $7.25 per 1,000 sq. ft. IRRIGATION SYSTEM REPAIR Irrigation repairs will be paid at the hourly rate indicated above and with a 15% mark-up on materials. -11- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA N0.1 PROPOSAL SUBMISSION FORMS PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 Contract No. HA38270 Project No. 903-20 WORK EXPERIENCE AND TECHNICAL ABILITY OF THE PROPOSER ATTACH ADDITIONAL SHEETS AS NECESSARY TO PROVIDE COMPLETE RESPONSES 1. COMPANY NAME: Liberty Landscaping. Inc. TYPE OF ENTITY: • Sole proprietor • Partnership • Corporation X 2. COMPANY ADDRESS/PHONE NUMBER: MAIN OFFICE: 5212 El Rivino Road Riverside, CA 92509 LOCAL OFFICE: 38-615 Rancho Los Cerritos Road Bermuda Dunes, CA 92201 EMERGENCY CONTACT PERSON: Name: Joffe Noriega Phone: (951) 232- 3433 3. CONTRACTOR LICENSE INFORMATION: • LICENSE NUMBER/CLASSIFICATiON/NAME STYLE: C-27 & C61-D49 • NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME STYLE: • LICENSE EXPIRATION DATE: February 29, 2020 • CURRENT LICENSE STATUS: Active -12- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS • PRIOR ACTIONS AGAINST THIS LICENSE? None IF YES, LIST CITATION TYPE AND HOW RESOLVED: N/A 4. COMPANY'S FEDERAL IDENTIFICATION NO.: 33-0820545 5. NAME AND TITLE OF COMPANY OFFICERS: Aleiandro Casillas President Nicacio Casillas Rosa L. Casillas Operations Manager Secretary 6. NUMBER OF YEARS COMPANY HAS PROVIDED SERVICES: 20 Years 7. NUMBER OF YEARS COMPANY HAS PROVIDED SERVICES FOR PUBLIC AGENCIES: 20 Years 8. NUMBER OF YEARS COMPANY HAS PROVIDED SERVICES IN THE COACHELLA VALLEY: 20 Years LANDSCAPE LANDSCAPE LANDSCAPE MAINTENANCE MAINTENANCE MAINTENANCE 9. CURRENT LANDSCAPE MAINTENANCE OPERATIONS THE AUTHORITY RECOGNIZES THAT THE INFORMATION PROVIDED BY ANSWERING THIS QUESTION (QUESTION 9) IS PROPRIETARY IN NATURE, AND IF THE PROPOSER ELECTS THAT THIS INFORMATION BE KEPT CONFIDENTIAL, IT MUST BE SUBMITTED IN A SEPARATE ENVELOPE MARKED "CURRENT LANDSCAPE MAINTENANCE OPERATIONS" AND SUBMITTED SEALED WITHIN THE PROPOSAL. • TOTAL LANDSCAPE MAINTENANCE CONTRACTS: 287 • PERCENTAGE OF TOTAL CONTRACTS WITH PUBLIC AGENCIES: 15% • PERCENTAGE OF TOTAL CONTRACTS IN THE COACHELLA VALLEY: 20% • PERCENTAGE OF TOTAL PUBLIC AGENCY CONTRACTS IN THE COACHELLA VALLEY: 20% -13- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS • TOTAL DOLLAR VALUE OF CURRENT LANDSCAPE MAINTENANCE CONTRACTS: $795,332.00/per month • PUBLIC AGENCY PERCENTAGE OF TOTAL CURRENT MAINTENANCE CONTRACT VALUE (Based on dollar value): 7.0% • NUMBER OF EMPLOYEES COMMITTED TO LANDSCAPE MAINTENANCE OPERATIONS (Total company -wide) Title Number Average Compensation" Unit Supervisor 7 $8,100.00 Per Mo Irrigation Technician 11 $ 55.00 Per Hour Foremen 40 $ 45.00 Per Hour Laborer 142 $ 35.00 Per Hour 'Use fully burdened rate (Le., taxes, insurance, benefits, OH & P) • TYPE & NUMBER OF VEHICLES & POWER EQUIPMENT COMMITTED TO ALL LANDSCAPE MAINTENANCE OPERATIONS (Include sample photos): MOTOR VEHICLES • TYPE: Pick-up Trucks NUMBER: 17 • TYPE: Utility Body Trucks NUMBER: 10 • TYPE: Flat Bed Trucks NUMBER: 40 • TYPE: F-750 Tree Trucks NUMBER: 3 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: POWER EQUIPMENT MOWERS — Rotary (Large Area) • TYPE: Ex- Mark Lazer 60" • TYPE: Toro Lazer 52" • TYPE: Toro & Ex- Mark 36" • TYPE: Toro Grandstarj11 4R" NUMBER: 3 NUMBER: 9 NUMBER: 40 NUMBER: 12 MOWERS — Rotary (Small Area) • TYPE: Toro 21" NUMBER: 60 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Reel (Large Area) -14- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.3 PROPOSAL SUBMISSION FORMS • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Reel (Small Area) • TYPE: Jacogien -Green Mower (NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: MOWERS — Other • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: TURF SWEEPERS and VACUUMS • TYPE: BG BiIIv Goat NUMBER: 5 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: AERATORS • TYPE: Classen TA 25 NUMBER: 4 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: SEEDERS • TYPE: • TYPE: • TYPE: • TYPE: Lesco NUMBER: 11 NUMBER: NUMBER: NUMBER: SPRAYERS • TYPE: Spray Trucks NUMBER: 3 TYPE: NUMBER: TYPE: NUMBER: TYPE: NUMBER: TRACTORS • TYPE: John Deere NUMBER: 2 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: -15- PALM DESERT HOUSING AUTHORRY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS UTILITY VEHICLES • TYPE: Gator- John Deere NUMBER: 7 • TYPE: Club Carts NUMBER: 11 • TYPE: NUMBER: • TYPE: NUMBER: NON -POWER EQUIPMENT TRAILERS • TYPE: Utility Trailers NUMBER: 45 • TYPE: Dumo Trailers NUMBER: 6 • TYPE: NUMBER: • TYPE: NUMBER: OTHER • TYPE: Trench- Ditch Witch NUMBER: 1 • TYPE: Concrete Saw- Styhl NUMBER: 2 • TYPE: Roller Tiller NUMBER: 1 • TYPE: Sod Cutter -Ryan NUMBER: 1 10. REFERENCES • LIST THREE (3) REFERENCES CURRENTLY OR SUCCESSFULLY COMPLETED WITHIN THE LAST FIVE (5) YEARS. ONE REFERENCE MUST BE FROM A PUBLIC AGENCY AND INVOLVE WORK OF SIMILAR SCOPE. ONE OR ANY NUMBER OF THE THREE (3) REFERENCES CAN BE FROM THE PALM DESERT HOUSING AUTHORITY OR CITY OF PALM DESERT. REFERENCES MUST BE OF EQUAL OR GREATER SCOPE TO THIS CONTRACT. THE FOLLOWING QUESTIONS MAY BE ASKED OF EACH REFERENCE: • Does the contractor adequately staff in order to meet the contract requirements? • Is the contractor's staff adequately trained? • Is the contractor's equipment in good working order? • Does the contractor communicate in a timely and effective manner? • Is the contractor's staff knowledgeable with project/contract standards? • Does the contractor respond to complaint/requests in a timely fashion? • Does the contractor resolve deficiencies without assessing contractual fines and/or deficiencies? • Would you accept future proposals/bids from this firm -16- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.3 PROPOSAL SUBMISSION FORMS Contract No. HA38270 (ITT Of PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 INFO@ PALM-DESERT.ORG CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 23rd day of May, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California ("City") and Liberty Landscape, Inc., a Corporation with its principal place of business at 5212 El Rivino Road, Riverside, CA 92509 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for Project 903-20 Landscape Maintenance Area No. 3 project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 -1- performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2019 to June 30, 2022, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one- year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Citv's Representative. The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates the Regional Manager, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 -2- 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 -3- shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility: Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub -subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub -subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility: Failure to Comply.. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to (BB&K 2018) - 4 - 72500.00001\31605757.1 Rev 11-9-18 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 -5- 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. The City's Risk Manager may modify this requirement if it is determined that the Contractor will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not Tess than $1,000,000 combined single limit for each accident. The City's Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 1. A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2. Pay on behalf of wording as opposed to reimbursement; 3. Concurrency of effective dates with primary policies; and 4. Policies shall "follow form" to the underlying primary policies. 5. Insureds under primary policies shall also be insureds under the umbrella or excess policies. -6- (D) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his/her agents, representatives, employees or sub -consultants. (C) Primarv/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) Citv's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. (BB&K 2018) - 7 - 72500.00001\31605757.1 Rev 11-9-18 (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (N) Citv's Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. if such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 -8- (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance (BB&K 2018) 72500 00001\31605757.1 Rev 11-9-18 -9- with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no Tess than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances —time or money —will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Except as set forth in the Special Conditions or Specifications, should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substance and hazardous materials as defined in California state or federal law at the Site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 - 10 - 3.2.16 Loss and Damage. Contractor shall be responsible for all Toss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Thirty -Four Thousand Five Hundred and 00/100 ($334,500) without written approval of City's Director of Public Works. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 review the statement and pay all approved charges thereon. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.4, and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. 3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by City. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 - 12 - 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Reaistration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: (BB&K 2018) - 13 - 72500.00001 \31605757.1 Rev 11-9-18 Contractor: City: Liberty Landscaping, Inc. 5212 El Rivino Road Riverside, CA 92509 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers. (BB&K 2018) - 14 - 72500.00001\31605757.1 Rev 11-9-18 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 Citv's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 - 15 - 3.5.12 Invalidity; Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 [SIGNATURES ON NEXT PAGE] - 16 - SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND LIBERTY LANDSCAPING, INC. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 23RD day of MAY, 2019. CITY OF PALM DESERT LIBERTY LANDCAPING, INC. By: LAURI AYLAIAN CITY MANAGER ATTEST: By: City Clerk APPROVED AS TO FORM: By: By: Its: PRESIDENT OR VICE PRESIDENT Printed Name: By: Its: SECRETARY OR TREASURER Printed Name: Contractor's License Number and Classification 1000009701 Best Best & Krieger LLP City Attorney DIR Registration Number (if applicable) (BB&K 2018) 72500.00001\31605757.1 Rev 11-9-18 -17- Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT i Individual -1 Corporate Officer Partner(s) Title(s) Limited General Attorney -In -Fact ▪ Trustee(s) 1 Guardian/Conservator ▪ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above (BB&K 2018) - 18 - 72500.00001\31605757.1 Rev 11-9-18 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer • Partner(s) Title(s) Limited General ▪ Attorney -In -Fact ▪ Trustee(s) -1 Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above (BBBK 2018) - 19 - 72500.00001\31605757.1 Rev 11-9-18 EXHIBIT "A" SCOPE OF SERVICES The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, and all utility and transportation services required to provide landscape maintenance services for Palm Desert Housing Authority Landscape Maintenance in accordance with the Contract Documents. Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations, at the level of maintenance and service defined by Authority. The work shall include, but is not limited to, proper horticultural practices, as defined in the City of Palm Desert Landscape Maintenance Manual, maintenance of all landscape materials and hardscape structures as designated in the following specifications and per the Frequency Schedule. Contractor shall provide appropriate equipment and labor for the execution of all maintenance activities. Authority reserves the right to inspect and/or approve any equipment used in this contract. If Authority deems the equipment to be in disrepair or inappropriate to the task at hand, Authority may require that the equipment be removed from the job site and replaced with a different piece of equipment. Contractor shall provide personnel fully trained in all phases of landscape maintenance, tree maintenance, and irrigation maintenance and operation. Contractor shall provide personnel capable of effective verbal communication with Authority representatives. If Authority deems personnel to be inadequate to accomplish the task at hand, Authority may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. Prior to commencement of the contract, designated Authority representative(s) and the Contractor will perform a mandatory acceptance walk-through inspection of the contract area. It is Contractor's responsibility to identify to Authority unacceptable conditions with plant material, trees, and/or irrigation systems at the time of the walk-through. At Authority's discretion, unacceptable conditions may be resolved with the current (outgoing) contractor or with the successor Contractor on a "one-time only, extra -work" basis. After such corrections are made, the successor Contractor will be responsible for all contractual services. Contractor shall replace, at no additional cost to Authority for labor or materials, any plant or tree that dies beginning 30 days from commencement of the contract throughout the term of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or otherwise improper care. Contractor shall remove debris caused by all maintenance activities, including pruning and tree maintenance, on the same working day that such debris is accumulated. (BBBK 2018) Exhibit A-1 72500.00001\31605757.1 Rev 11-9-18 Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre -emergent and post -emergent. Fertilizers with pre -emergent and post - emergent will be supplied by Contractor and reimbursed by the Authority at actual cost plus 15% mark-up. Authority reserves the right to purchase Standard fertilizer. The application of fungicides will be performed outside the scope of this contract. Monthly reports for irrigation, green waste and pesticide application shall be submitted no later than the first Monday of each month, for the preceding month. Monthly payments will not be processed until all required reports are received. The Irrigation Monthly Report shall include, but not necessarily be limited to, the following: date, irrigation technician identification, site identification, controller and valve identification, description of service and/or repair, statement of plant material condition as relates to water needs, and a section for general notes or comments. The Green Waste Monthly Report submittal shall include the green waste facility tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and address of the waste facility, the weight, and the Authority's name. The Pesticide Application Monthly Report shall consist of a copy of the monthly report submitted to the Riverside County Agricultural Commissioner or, in the case of no pesticide applications made, a statement to that effect in the form of a letter or memorandum to Authority. SPECIFIC SERVICES TO BE PERFORMED Plant Litter and Trash Control Contractor shall remove and appropriately dispose of all plant litter (broken branches, broken limbs, excessive leaf -drop); trash and/or paper, cans, bottles, broken glass; dog droppings and any other out -of -place or discarded items. Plant litter includes plant debris caused by extreme temperatures or high winds. Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of their contents and replace the liners (Authority may provide trash bags). Contractor shall wipe surfaces clean with a non -toxic cleaning solution. Pest Control Gophers will be controlled on an as -needed basis using Authority -approved traps, within the scope of this contract. Ground squirrel control will be performed on an as -needed basis and is outside the scope of this contract. Ants will be controlled on an as -needed basis, and is included in the scope of the contract. Red Imported Fire ant control is outside the scope of this contract. If Red Imported Fire ants are encountered the Contractor shall report the discovery to the Authority prior to the end of the workday. (BB&K 2018) Exhibit A-2 72500.00001\31605757.1 Rev 11-9-18 Contractor shall immediately report any bee activity (swarms or hives) detected to the Authority. Bee removal is the responsibility of Authority. Aphids will be chemically controlled on oak trees in parking lots and along parkways. Fruit set will be chemically controlled on olive trees. These trees are located adjacent to parking lots, sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended chemical treatment and the schedule for its application must be reviewed and approved in advance by Authority. Authority, at its discretion, may require from Contractor all Material Safety Data Sheets, pesticide labels, and Pesticide Control Advisor recommendations for any and all pesticide applications performed. Contractor will be responsible for the material and labor and perform this work as well for all posting as required by label and law. Contractor shall provide control and/or eradication of all weeds, as needed. Areas to be weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs, expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees. Mechanical and/or chemical methods of weed control are acceptable for annual and perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be controlled by chemical means only. Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred. Weeds in turf areas will be managed on an as -needed basis and shall be considered extra work. Plant Maintenance All plant material in the public right-of-way shall be maintained behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public. Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one month, unless otherwise directed by Authority and/or the contract documents. If offshoots are present, they will be left in place and irrigation will be adjusted to assure adequate water supply to the offshoots. Dead or weather -damaged plant material shall be pruned or removed under direction from Authority within one week of notification. The Authority encourages contractors to familiarize themselves with the City of Palm Desert's "Landscape Maintenance Guidelines" book. The book, intended to serve as a visual guide to contractors, also provides pruning techniques and a calendar for ideal (BB&K 2018) Exhibit A-3 72500.00001\31605757.1 Rev 11-9-18 maintenance timing. The Authority may at its own discretion, alter time -lines or techniques and supply additional reference materials as the Authority deems necessary. The plant material will be pruned as needed, to keep plant material to scale based on the planter size, plant species, plant location and for safety purposes. The Authority will work with the Contractor to determine appropriate size for each plant species. In addition, the Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and groundcovers, as directed by the Authority. On occasion, high -profile areas will be seeded with wildflowers. Authority staff will identify these areas to Contractor. It shall be Contractor's responsibility to maintain and preserve these wildflower population areas. Contractor shall be responsible to replace any wildflowers disturbed or destroyed by any of Contractor's maintenance activities. Tree Maintenance All tree pruning shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, the City of Palm Desert's Landscape Maintenance Guidelines book and the Tree Pruning Ordinance. Contractor shall perform safety and sucker pruning on all trees (including palms) eight feet (8) in height and under. All broadleaf and palm tree pruning will be performed outside this contract. Contractor shall prune fronds, flowers, and seed pods on all palms that have six (6) feet of brown trunk or Tess. Authority may request that a Certified Arborist be on site when Contractor's staff safety prunes trees. Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Trees must be maintained at seven (7) feet from playground equipment. Any broken, dead or detached limb is considered a hazard and upon notice from Authority, Contractor must remove such limbs by close of business the same day. Trees broken or damaged as a direct result of storm, wind, accident, vandalism or structural failure shall be pruned and/or removed, upon Authority's request to Contractor, within 24 hours of notification and shall be an extra to this contract. 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 — General All turf areas must be mowed in a manner that provides for the adequate and safe use of each facility for its intended purpose. Bermuda grass will be mowed at 3/4" height during the active -growth period. (BB&K 2018) Exhibit A-4 72500.00001\31605757.1 Rev 11-9-18 Rye grass will be mowed at 1" height starting with its first cut after over -seeding and continuing until spring when the Bermuda grass becomes active. Baseball and soccer athletic fields shall be mowed with reel mowers and vacuumed after each mowing if deemed necessary by Authority. Baseball and soccer athletic fields will be mowed on non-consecutive days per the Frequency Schedule. All turf areas will be mowed weekly and may be mowed with rotary mowers; however, if Authority deems that the finished turf surface is irregular, aesthetically unacceptable, or if it creates a potential public safety issue, Authority will require the turf area to be mowed with a reel mower. Excess clippings will be raked, swept and/or vacuumed leaving a regular, clean, aesthetically acceptable and safe turf surface. Removal of clippings will be at no extra cost to the Authority. Detailing and edging of turf shall include chemical and/or mechanical detailing using a string trimmer or an edger around buildings, sidewalks, mow strips, paved areas, valve boxes, goal posts, Tight fixtures, fence lines, walls, along infield edges, behind back -stops, drainage areas, and bare areas in planters. Only an edger shall be used on, but not be limited to hardscape areas such as sidewalks and mow strips. All other areas may use an edger or string trimmer as appropriate and as approved by Authority. Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergent(s) and post-emergent(s). Fertilizer and fertilizer with pre- emergent(s) and post-emergent(s) will be supplied by Contractor. Standard fertilizer may be supplied by Authority. In the event Contractor supplies standard fertilizer, the Authority will reimburse Contractor at actual cost plus 15% mark-up. The Contractor shall apply irrigation immediately following any fertilizer application to effectively wash the product into the soil. Contractor shall also post notifications as required by the product labeling and law. Mechanical core aeration shall be performed to a minimum depth of four inches (4"). Cores may be swept or mowed and dispersed during mowing operations unless otherwise requested by Authority. Turf Maintenance — Overseeding Turf areas designated for over -seeding will be indicated in the Frequency Schedule. Authority will provide specific dates and times for the over -seeding schedule based on the use of each facility. Contractor shall begin lowering the height of the turf during the scheduled weekly mowing approximately three weeks before the final cut. One week before the final cut, Contractor will reduce irrigation to the minimum in the turf areas. Contractor shall mow turf to a height of one-half inch (1/2") and mower blades shall not be allowed to disturb the soil. (BB&K 2018) Exhibit A-5 72500.00001\31605757.1 Rev 11-9-18 All grass clippings generated from this process will be vacuumed, swept or raked after each cut. A Tight irrigation syringe cycle will be applied before the final cut to keep the dust levels to a minimum (per Coachella Valley Association of Governments guidelines). Actual dates for the final mowing will be determined by Authority. Mowing activities may vary due scheduled activities, condition of turf, and the actual mowing height needed to ensure seed -to -soil contact. Should Contractor fail to complete mowing or renovations during weekdays, Contractor shall adjust the schedule to work on Saturdays at no additional cost to Authority. Advance permission to perform work on Saturdays is required. The Authority may supply grass seed. However, the Authority may request that Contractor supply Authority specified grass seed, and be reimbursed at the cost of material plus an allowable mark-up of fifteen percent (15%). The application rate for the seed shall be no less than ten (10) pounds per 1,000 square feet. The Contractor shall also spot seed and mulch as necessary, areas after germination to ensure a well -covered rye stand, at no additional labor cost as directed by the Authority. The Contractor is to verify and confirm quantity of seed bags with Authority personnel prior to installation and after seeding task is complete. Turf Maintenance for Non-Overseeded Areas From November 1 through March 31, mowing and irrigation on non-overseeded turf areas will be reduced per the Frequency Schedule. Hardscape, and Decomposed Granite (DG) Planter Areas Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all sidewalk and hardscape areas after all maintenance activities or as indicated in the Frequency Schedule. Daily sidewalk cleaning shall consist of removing debris from sidewalks by blowing or sweeping. Blower throttle to be maintained at the lowest practical setting possible. Contractor shall rake planter areas. Contractor shall also rake underneath living plant material, unless directed not to do so by Authority. Slope areas are to be raked horizontally and not from top to bottom. If existing grade is adversely affected by raking activities, Contractor shall re-establish an appropriate grade to the satisfaction of Authority. Using pressure -wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall pressure -wash playground equipment, monuments and signs, sidewalks, curbs, gutters, drains, benches, dog park fixtures, drinking fountains, picnic tables and miscellaneous hardscape fixtures as outlined in the Frequency Schedule. The Contractor shall use, as directed by the Authority, a scrub brush and a Authority -approved non -toxic (BB&K 2018) Exhibit A-6 72500.00001\31605757.1 Rev 11-9-18 biodegradable cleaning agent to adequately clean the aforementioned items, as deemed acceptable by Authority. Contractor will also remove any tape, banners, and party supplies from playground shelters and pavilions in conjunction with the pressure washing duties. This process shall be considered as included in the contract lump sum bid price, and no additional compensation shall be allowed therefor. Pressure washing, at a minimum pressure rating of 3000 PSI, at dog parks must include the use of an Authority -approved non -toxic biodegradable cleaning agent. Contractor shall remove litter and debris obstructing spillways and their associated drain grates. This activity shall take place according to the Frequency Schedule, and after a rain event as determined by Authority staff. Irrigation System Maintenance The operation, maintenance, and scheduling of all irrigation controllers and attached sensors shall be the responsibility of Contractor. Contractor will make adjustments to the controllers, sensor equipment, and schedules based on property microclimates, ET, rain events, and overseeding schedules. Contractor will schedule irrigation to provide adequate irrigation to plant material while conserving water as much as possible. NOTE: Irrigation systems currently are not Smart Controllers and will require manual adjusting. All irrigation systems and their individual components shall be kept in adjustment to ensure proper water coverage and prevent unacceptable conditions such as insufficient water distribution (plant death), overspray, excessive runoff, and erosion. Repairs or replacements to the irrigation system shall be made with like parts. Contractual irrigation system maintenance includes all labor for system inspections, adjustments, repairs and installations for all system components, in -line irrigation valves, including internal and electrical components, irrigation wires from the timer to the valve, and all mainline and lateral line repairs two inches (2") and smaller in diameter, unless damage is caused by vandalism. Should vandalism occur, the Contractor is to notify Authority staff immediately and prior to the repair work. All irrigation rotors, bubblers, emitters, associated fittings, and valve boxes shall also be included under contractual system maintenance. Any repair work outside of this scope will be considered extra work and paid accordingly. All parts shall be provided by the Contractor and will be reimbursed by the Authority at actual cost plus a fifteen percent (15%) mark-up, unless the replacement is due to damage caused by the Contractor's operation, in such case the Contractor shall bear the entire cost. Adjustments, repairs and installations shall include: Valves: electrically actuated irrigation control valves, quick coupler valves, end line flush valves, lateral line flush valves, and master valves. All valves will be checked for proper operation, Teaks, and solenoid function and connections (where applicable). Automatic valves will be activated from the irrigation controller, not from the bleeder valve. (BB&K 2018) Exhibit A-7 72500.00001\31605757.1 Rev 11-9-18 The electrical circuit from the irrigation controller to the valve will be checked for proper operation. Labor cost for the actuators replacement shall be included in the contract lump sum bid price, and no additional compensation shall be allowed therefor. Filter, filter screen, and filter valve box cleaning. Lateral lines will be checked for breaks and leaks, and will be flushed at least yearly and additionally when necessary to ensure proper system performance. Emission device and valve box checks, adjustments, installation, maintenance and repairs shall include: sprinkler head and valve box height adjustment and replacement; nozzle spray pattern adjustment; nozzle cleaning and replacement; bubbler head height adjustment, cleaning, and replacement; tree well repair; and drip emitter cleaning, replacement, removal and plugging if no plant material is present. Installation of new emitters, or bubblers, as required to ensure the health of plant material, shall be included in the contract lump sum bid price and no additional compensation shall be allowed therefor. The Contractor shall perform, at a minimum, a weekly visual irrigation inspection, within the designated landscape maintenance area, for Teaks, dry areas, and vandalism. Contractor shall take appropriate action to immediately stabilize the system. Such actions shall be reported to the Authority within twenty-four (24) hours of discovery and performance of necessary repairs. Contractor shall maintain an adequate supply of irrigation parts readily available to Contractor's irrigation technician for making routine repairs of main and lateral lines two inch (2") in diameter and smaller without leaving the irrigation site. Non -contractual irrigation system repairs: No non -contractual work will be initiated without an approved Authority Work Order. When irrigation system malfunction or damage is detected, the repair of which is non - contractual in nature, Contractor will flag the location and notify Authority before the close of business the same work day. Upon receipt of an approved Work Order, repairs to a non -operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise indicated on the Work Order. All repairs deemed non -contractual will be paid on a time -and -materials basis. Labor will be billed per the rates under the Performance of Extra Work heading. Materials will be billed at "cost plus 15%" or, at Authority's discretion; materials may be supplied to Contractor by Authority. Contractor shall return to Authority all irrigation parts that have been replaced. (BB&K 2018) Exhibit A-8 72500.00001\31605757.1 Rev 11-9-18 Authority will perform regular inspections of irrigation systems to ensure accuracy of Contractor's irrigation reports. If discrepancies are found, Authority shall consider this a performance deficiency. (BB&K 2018) Exhibit A-9 72500.00001\31605757.1 Rev 11-9-18 EXHIBIT "B" SCHEDULE OF SERVICES A Daily, 7 days per week B Daily, Monday through Friday C Daily, before close of business (5:00 p.m.), Monday through Friday D Weekly, before close of business (5:00 p.m.) on Friday E Three times weekly (Monday, Wednesday, Friday) F Bi-weekly (every 2 weeks) G Monthly (12 times per year, every month) H Bi-monthly (6 times per year, every two months) I Quarterly (4 times per year) J Semi-annually (2 times per year) K Annually (1 time per year) L Seasonal M As needed to maintain plant material health and/or public safety N As needed O October 1 to April 30, once monthly; May 1 to September 30, every 2 weeks; Except turf and annual color areas which are always weekly P Monthly, from May to October (6 times) Q October 1 to April 30 every other week; May 1 to September 30 weekly R October 1 to May 30, three times weekly (Monday, Wednesday, Friday), before 10:00 a.m.; June 1 to September 30, once a week S Daily, before 7:00 a.m., 7 days per week T Weekly, on Friday, by 6:00 a.m. U Continuously November 1 - March 31; monthly April 1 - October 31 ✓ Weekly April 1 - October 31; monthly November 1 - March 31 W Daily, by 1:00 PM, 7 days per week X Daily, by 1:00 PM, Monday through Friday Y Twice weekly on non-consecutive days Z Twice weekly on non-consecutive days, by 1:00 p.m. (BB&K 2018) Exhibit B-1 72500.00001\31605757.1 Rev 11-9-18 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 Project No. 903-20 Contract No. HA38270 PROPOSED FACILMES, EQUIPMENT & STAFFING SCHEDULE Facilities: List location/address and telephone phone number of facility(ies) from which work crews and equipment will be dispatched. 38- 615 Rancho Los Cerritos Drive Bermuda Dunes, CA 92201 (951) 232- 3433 (951) 232- 8979 Equipment: List equipment to be furnished to execute work tasks specified in this Agreement, General Provisions, and Special Provisions. Use additional sheets as necessary. Include photos. • POWER EQUIPMENT MOWERS • TYPE: Toro Lazer 52" NUMBER: 1 • TYPE: Toro 21" NUMBER: 3 • TYPE: NUMBER: • TYPE: NUMBER: TURF SWEEPERS and VACUUMS • TYPE: NIA NUMBER: TYPE: NUMBER: TYPE: NUMBER: TYPE: NUMBER: AERATORS • TYPE: Classen TA 25 NUMBER: 1 • TYPE: NUMBER: • TYPE: NUMBER: • TYPE: NUMBER: SEEDERS • TYPE: Lesco NUMBER: 2 • TYPE: NUMBER: TYPE: NUMBER: -18- (BB&K 2018) Exhibit C-1 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS 72500.00001\31605757.1 Rev 11-9-18 TYPE: NUMBER: SPRAYERS • TYPE: Spray Truck -Ford F-150 NUMBER: 1 TYPE: Lesco Backpack NUMBER: 4 TYPE: NUMBER: TYPE: NUMBER: TRACTORS . TYPE: John Deere- Loader NUMBER: 1 TYPE: NUMBER: TYPE: NUMBER: TYPE: NUMBER: UTILITY VEHICLES TYPE: John Deere- Gator NUMBER: 1 TYPE: NUMBER: TYPE: NUMBER: TYPE: NUMBER: PROPOSER ACKNOWLEDGES THAT THE COMPANY HAS AN APPROPRIATE SUPPLY OF ALL NECESSARY SMALL POWER AND HAND TOOLS TO COMPLETE CONTRACTUAL WORK. (Please initial) _ 11-111 Staff: List the employees, both labor and supervision, to be routinely assigned to execute work tasks specified in this Agreement, General Provisions, and Special Provisions. Be sure to note by title any applicable licenses/certifications held by assigned personnel. Indicate with (S) if fisted personnel are to be shared with another contract or project Use additional sheets as necessary. General Landscaoe Maintenance (List Laborer(s), Irrigator(s), Field Supervisor(s), and Project Manager(s) — indude any relevant education, certification, licensing information and years of experience for each person listed). Use additional sheets as necessary Manuel T. Mendes- Regional Manager, Irrigation Auditor, OAL 100444 30 Years Jose Noriega- Field Supervisor, Irrigation Certificate 20 Years Jose De Jesus Noriega- Assistant Supervisor 5 Years Jesus Guillen- Foreman 20 Years Victor Serrano- Foreman 10 Years Marcos Resendiz- Irrigation Technician ,15 Years Amando Sanchez- Laborer, 10 Years -19- (BB&K 2018) Exhibit C-2 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.1 PROPOSAL SUBMISSION FORMS 72500.00001\31605757.1 Rev 11-9-18 Jose Lopez- Laborer 8 Years Juan Diaz- Laborer 2 Years Juan Santos- Laborer 2 Years Jose Leal- Laborer 3 years Tree Prunino end Maintenance (Include any ISA or equivalent certified personnel and years of experience) Fredy Contreras- Arborist WE-12056A 7 Years Sergio Casillas- Foreman 5 Years Humberto Ramirez -ISA 14 Years Daniel Hernandez- ISA 9 Years elation System Maintenance (List technical personnel — include any relevant education, certification, licensing information and years of experience for each person listed) Jose Noriega- Irrigation Certificate 20 Years Jose De Jesus Noriega- 5 Years Marcos Resendiz- 15 Years Pesticide Application (List licensed and/or certified personnel and years of experience - all non -licensed, non -certified personnel must have received verifiable annual training) Use additional sheets as necessary. Manuel T. Mendes- QAL 100444 30 Years & Nicacio CasiNas QAL 117404 25 Years Jairo Salinas- Spray Technician 3 Years -20- (BB&K 2018) Exhibit C-3 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS 72500.00001\31605757.1 Rev 11-9-18 Landscaoe and Irrigation Desk" (List personnel with formal training and certificates and years of experience) Adrian Casillas- Arborist WE11895 A 6 Years Nicacio Casillas- Operations Manager 20 Years Other Staff Trainina and Formal Education (Including years of experience) Liberty Landscaping, Inc. has over 20 years experience in landscape maintenance with public angencies and multi -family residential contracts. We provide continues traning in irrigation, chemical application, tree care and Overseeding in accordance with Coachella Valley Association of Goverment. Liberty Landscaping, Inc is a member of the Palm Desert Area Chamber of commerce. -21- PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS (BB&K 2018) Exhibit C-4 72500.00001 \31605757.1 Rev 11-9-18 Proposed Project Work Schedules- Housing Landscape Maintenace Properties !Foreman MONDAY Jesus Guilten California Villas Carlos Ortega TUESDAY One Quail Place Desert Pointe WEDNESDAY Las Semas Candlewood Victor Saran* Las Serenas Neighbors Gardens La Rocca Villas Detail Crew Palm Village Carlos Ortega Marcos Resendez Neighbors Gardens Jessie Las Serenas Norlega California Villas Armando Sanchez On -site (BB&K 2018) One Quail Place One Quil Place Catalina Gardens One Quail Place Desert Pointe Neighbors Gardens One Quail Place THURSDAY Catalina Gardes Pueblos/ Taos Palm Village Laguna Palms Sagecrest Las Serenas Catalina Gardens La Rocca Carlos Ortega One Quail Place Exhibit C-5 Desert Pointe Pueblos / Taos Palm Village Sagecrest Candlewood One Quail Place FRIDAY Catalina Gardens Laguna Palms Santa Rosa Desert Pointe Candlewood Laguna Palms Carlos Ortega La Rocca Catalina Gardens Laguna Palms Santa Rosa One Quail Place 72500.00001\31605757.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION $334,500 Annually Not to Exceed $85,000 for Authorized Extra Work Annually (BB&K 2018) Exhibit C-6 72500.00001\31605757.1 Rev 11-9-18 Palm Desert Housing Authority LANDSCAPE MAINTENANCE AREA NO. 3 Contract No. HA38270 Project No. 903-20 CONTRACTOR'S PROPOSAL BY SITE TO: PALM DESERT HOUSING AUTHORITY, "AUTHORITY' DATE: April 19, 2019 PROPOSER: Liberty Landscaping. Inc. "CONTRACTOR" The undersigned declares that he/she has carefully examined the Contract Documents and Addendums No.(s) 1 that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the respective firm and propose services to Palen Desert Housing Authority. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the Contract Documents and shall be Inclusive of all costs for the Proposer to accomplish the work. The costs of any work shown or required in the Contract Documents, but not specificaly identified as a Contract Pay Item are included In the Contract Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Contract Documents. For each Site, referenced here as a 'Unit" the maintenance cost per unit shall be indicated by month, annual cost as well as total contract cost The total annual contract shall be indicated. The total contract proposal for the entire 36 months shall be indicated for informational purposes only. CONTRACTORS PROPOSAL PRICE BY SITE UNIT PRICE SITE SITES DESCRIPTION 1. 2. 3. One Quail Place 72-600 Fred Waring Las Serenas 73-315 Country Club Dr. Califomia Villas 77-107 California Drive TOTAL UNIT (s) MONTHLY ANNUALLY CONTRACT Unit Price Unit Price TERRA PRICE (36 Months) 1 $ 7,195.00 $ 86, 340.00 $ 259,020.00 1 $3,935.00 $47,220.00 $141,660.00 1 $3,555.00 $42,680.00 $127,980.00 -9- (BB&K 2018) Exhibit C-7 PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO. 3 PROPOSAL SUBMISSION FORMS 72500.00001\31605757.1 Rev 11-9-18 4 Catalina Gardens 1 $ 2,255.00 $ 27,060.00 $ 81,180.00 73-600 Catalina Way Desert Pointe 5. 43-805 Monterey 1 $ 1,535.00 $ 18,420.00 $55,260.00 Avenue 6. Laguna Palms 1 $ $20,160.00 $60,480.00 73-875 Santa Rosa Way 1,680.00 7. Neighbors 1 $1,010.00 $ $ 38.380.00 73-535 Santa Rosa Way 12,120.00 8. Pueblos 1 $ 425.00 $ 5,100.00 $15,300.00 73-695 Santa Rosa Way 9 Taos Palms 1 $ 610.00 $ 7,320.00 $21,960.00 44-830 Las Palmas Candlewood Apartments 10. 74000 & 74002 Shadow 1 $ 795.00 $ 9,540.00 $ 28,620.00 Mountain 11 Palm village Apartments 1 $ 625.00 $7,500.00 $ 22,500.00 73-650 Santa Rosa Way 12. Sagecrest 1 $ 355.00 $ 4,260.00 $12,780.00 73-811Santa Rosa Way La Rocca Villas 13. 42-135 Golden Eagle 1 $1,375.00 $16,500.00 $ 49,500.00 Lane Carlos Ortega Villas 14. 77-915 Avenue of the 1 $ 1,660.00 $19,920.00 $59,760.00 States 15. Santa. Rosa 1 $ 865.00 $ 10,380.00 $31,140.00 73625 St. Rosa Way TOTAL $27,875.00 ,334,500.001 $1,003,500.00 TOTAL AMOUNT FOR 36 MONTH PERIOD IN FIGURES: $ 1,003,500.00 TOTAL CONTRACT AMOUNT FOR 38 MONTH PERIOD IN WORDS: One million three thousand. five hundred dollars. In the event of a conflict between the numbers give in figures and in words, the words shall control. IN WITNESS WHEREOF CONTRACTOR executed this Proposal as of at date set forth: is Signature of Proposer i 4 T. Meb,'o& Signers Name: Manuel T. Mendes Company Name: Liberty Landscaping, Inc. Date: April 22. 2019 -10- (BB&K 2018) Exhibit C-8 PALM DESERT MOUSING AUTHORITY LANDSCAPE MAINTENANCE AREA NO.3 PROPOSAL SUBMISSION FORMS 72500.00001\31605757.1 Rev 11-9-18 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded to Liberty Landscaping. Inc., (hereinafter referred to as the "Contractor") an agreement for Landscape Maintenance Area No. 3 (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated Mav 23.2019, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Liberty Landscaping, Inc., the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Thirty Four Thousand Five Hundred and 00/100 DOLLARS, ($334,500.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from Toss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (BB&K 2018) Performance Bond - 1 72500.00001\31605757.1 Rev 11-9-18 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, Tess the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. (BB&K 2018) Performance Bond - 2 72500.00001131605757.1 Rev 11-9-18 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20—)• (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title Surety By Attorney -in -Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title The rate of premium on this bond is per thousand. The total amount of premium charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. (BB&K 2018) Performance Bond - 3 72500.00001\31605757.1 Rev 11-9-18 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthatdocument. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT -I Individual Corporate Officer i Partner(s) Title(s) Title or Type of Document i Limited General Attorney -In -Fact 1 Trustee(s) Guardian/Conservator i Other: Signer is representing: Name Of Person(s) Or Entity(ies) Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. (BBBK 2018) Performance Bond - 4 72500.00001\31605757.1 Rev 11-9-18 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT n Individual 7 Corporate Officer Partner(s) Title(s) -, Limited General 7 Attorney -In -Fact Trustee(s) Guardian/Conservator i Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of - Attorney to local representatives of the bonding company must also be attached. (BB&K 2018) Performance Bond - 5 72500.00001 \31605757.1 Rev 11-9-18 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken or a resolution passed Mav 23, 2019, as awarded to Liberty Landscaping, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: Landscape Maintenance Area No. 3 (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated Mav 23, 2019 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Three Hundred Thirty Four Thousand Five Hundred and 00/100 DOLLARS, ($334,500.00) 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, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining (BB&K 2018) Performance Bond - 6 72500.00001\31605757.1 Rev 11-9-18 or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 , (Corporate Seal) Contractor/ Principal (Corporate Seal) By Title Surety By Attorney -in -Fact Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. (BBB,K 2018) Performance Bond - 7 72500.00001\31605757.1 Rev 11-9-18 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT n Individual Corporate Officer Partner(s) Title(s) Limited General Attorney -In -Fact i Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal (BB&K 2018) Performance Bond - 8 72500.00001\31605757.1 Rev 11-9-18 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On personally 20, before me, , Notary Public, appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public WITNESS my hand and official seal. 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. CAPACITY CLAIMED BY SIGNER • Individual • Corporate Officer Partner(s) Title(s) Limited General I—; Attorney -In -Fact Trustee(s) Guardian/Conservator • Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of - Attorney to local representatives of the bonding company must also be attached.. (BB&K 2018) Performance Bond - 9 72500.00001\31605757.1 Rev 11-9-18