HomeMy WebLinkAboutC20851 Extenstion of Contract - Garza Landscaping - LMA No. 7CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Approve Extension of Contract No. C20850 with Garza
Landscaping for Landscape Maintenance Area No. 7 for
Fiscal Year 2004/2005 (Project No. 903-02)
SUBMITTED BY: H. Spencer Knight, Landscape Manager
APPLICANT: Garza Landscaping
81-101 Indio Boulevard, B-1
Indio, California 92201
DATE: July 8, 2004
CONTENTS: Letter from Garza Landscaping
Vicinity Map
Recommendation:
By Minute Motion, approve the extension of Contract No. C20850
with Garza Landscaping of Indio, California, in the amount of
$65,116.80 for landscape maintenance services of Landscape
Maintenance Area No. 7 for Fiscal Year 2004/2005.
Discussion:
The subject contract was awarded by City Council to Garza Landscaping
of Indio, California on June 26, 2003. This contract covers the following
areas: Waring Court, Vineyards, Portola Place, The Grove, Palm Gate,
Primrose II, Canyon Crest, College View II, Monterey Meadows, Hovely
Estates, La Paloma I, La Paloma II, La Paloma III, Hovely Collection,
Kaufman & Broad, Palm Desert Country Club, President's Plaza * & II,
President's Plaza III, Sandpiper Court, Sandpiper West, Hovely West, and
Diamondback. Garza Landscaping provided excellent services last year.
They have asked for a two percent (2%) cost of living increase over last
years contract amount. This would amount to a $1,276.80 increase to the
G:IPubWorks\PROJECTS1903-X620041Staff Reports\STAFF REPORT Award to Garza #7.dot
Staff Report
Award Contract No. C20850 to Garza Landscaping for
Landscape Maintenance Area No. 7
Page 2 of 2
July 8, 2004
existing contract amount of $63,840.00. Based upon their past
performance, staff recommends this cost of living increase.
Funds are available in various Assessment District accounts.
Therefore, staff recommends that City Council, by minute motion, approve
the extension of the Contract No.C20850 with Garza Landscaping in the
amount on $ 65,116.80 for Fiscal Year 2004/2005.
Submitted By: Department Head:
Knight
Manager
Approval:
Michael Errante, P.E.
Director of Public Works
ACM for Develop ' t Services Finance Director
City Manager
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G:\PubWorks\PROJECTS1903-XX120041StafReporfs\STAFF REPORT Award to Garza #7.dot
GARZA LANDSCAPING INC,
81-101 Indio Blvd. Bldg B-1
Indio, CA 92201
Phone 760 775-9980
Fax 760 342-0722
June 25, 2004
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA 92260
RE: CONTRACT EXTENSION FOR AREA # 7
I am writing this letter to express my interest in extending the contract of area # 7 between Garza
Landscaping Inc and the City of Palm Desert, for one more year. Furthexmore J would like to
request and increase of 2% (cost of living) for the new term.
Respectfully,
Zeke Garza
president
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Contract No. C20850
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 8th
day of July 2004, by and between THE CITY OF PALM DESERT, a municipal
corporation, hereinafter referred to as "CITY", and GARZA LANDSCAPING,
referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on July 8, 2004, the CITY approved a contract for landscape
maintenance services for City maintained properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal,
which was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1)
TERM. The term of this Agreement shall be from, July 1, 2004 through
June 30, 2005 or to such later date as may be agreed in writing between
parties.
(2) CITY'S OBLIGATIONS. For furnishing services, as specified in this
Agreement, CITY will pay and CONTRACTOR shall receive in full
compensation, therefore the total sum Sixty Five Thousand One Hundred
Sixteen Dollars and 80/100 ($65,116.80) as set forth in the Contract
Documents and adopted by the CITY.
(3)
CONTRACTOR'S OBLIGATION For, and in consideration of the
payments and agreements hereinbefore mentioned to be made and
performed by CITY, CONTRACTOR agrees with CITY to furnish the
services and to do everything required by this Agreement and the Specific
Terms and Conditions.
(4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to
defend, indemnify, and hold harmless The City of Palm Desert, its officials,
officers, employees, representatives, and agents from and against all
claims lawsuits, liabilities or damages of whatsoever nature arising out of
our connection with, or relating in any manner to, any act or omission of
CONTRACTOR, his agents, employees, and subcontractors and
employees thereof in connection with, the performance or non-
performance of this Agreement. The CONTRACTOR shall thoroughly
investigate any and all claims and indemnify the CITY and do whatever is
necessary to protect the City of Palm Desert, its official, officers,
employees, agents, and representatives as to any such claims, lawsuits,
liabilities or damages.
Page 1 of 4
Contract No. C20850
(5) AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing, signed by the CONTRACTOR
and approved by the City Council of the CITY.
(6) TERMINATION. If, during the term of this Agreement, CITY determines
that CONTRACTOR is not faithfully abiding by any term or condition
contained herein, CITY may notify CONTRACTOR in writing of such
defect or failure to perform; which notice must give CONTRACTOR a
three-day notice of time thereafter in which to perform said work or cure
the deficiency. If CONTRACTOR fails to perform said work or cure the
deficiency within the three (3) days specified in the notice, such shall
constitute a breach of this Agreement and CITY may terminate this
Agreement immediately by written notice to CONTRACTOR to said effect.
Thereafter, except as otherwise set forth herein, neither party shall have
any further duties, obligations, responsibilities, or rights under this
Agreement except, however, any and all obligation of CONTRACTOR's
surety shall remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the termination hereof. In said event,
CONTRACTOR shall be entitled to the reasonable value of its services
performed from the beginning of the period in which the breach occurs up
to the day it received CITY's Notice of Termination, minus any offset from
such payment representing the CITY's damages from such breach. CITY
reserves the right to delay any such payment until completion of confirmed
abandonment of the project, as may be determined in the CITY's sole
discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall CONTRACTOR be entitled to receive in excess of
the compensation quoted in its bid.
(7)
The City Council may terminate the contract with 30 days written notice for
any reason.
INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms
and Conditions; General Terms and Conditions; Specific Terms and
Conditions; Bid Submission Form(s), Addendum Nos. 1, 2, and 3; Change
Orders; additional or supplemental specifications, drawing, maps or
diagrams; and CITY issued forms relating to this project, are hereby
incorporated in and made a part of this Agreement.
(8) COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the
complete agreement between the parties hereto. No oral agreement,
understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties
hereto.
Page 2 of 4
Contract No. C20850
(9)
ANTI -DISCRIMINATION. In the performance of the terms of this
Agreement, CONTRACTOR agrees that it will not engage in, nor permit
such subcontractors as it may employ, to engage in discrimination in
employment of any person because of the age, race, color, sex, national
origin or ancestry, or religion of such persons. Violation of this provision
may result in the imposition of penalties referred to in Labor Code Section
1735.
(10) AUDIT. CITY shall have the option of inspecting and/or auditing all
records and other written material used by CONTRACTOR in preparing its
statements to CITY as a condition precedent to any payment to
CONTRACTOR.
(11) NOTICE. All written notices to the parties hereto shall be sent by United
States mail, postage prepaid by registered or certified mail, return receipt
requested, addressed as follows:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(12) LITIGATION COSTS. In the event an action is filed by either party to
enforce any rights or obligations under this Agreement, the prevailing
party shall be entitled to recover reasonable attorney's fees and court
costs, in addition to any other relief granted by the court.
(13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and
CONTRACTOR do warrant that each individual executing this Agreement
on behalf of each party is a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT GARZA LANDSCAPING
A Municipal Corporation Contractor
ROBERT A. SPIEGEL, MAYOR
CITY OF PALM DESERT, CALIFORNIA
Page 3 of 4
Contract No. C20850
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
MICHAEL ERRANTE, P .E.
PUBLIC WORKS DIRECTOR/
CITY ENGINEER
Page 4 of 4