HomeMy WebLinkAboutC22230 - Landscape Maintenance Area No. 1REQUEST:
SUBMITTED BY:
CONTRACTOR:
DATE:
CONTENTS:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract No. 22230 for Landscape Maintenance Area
No. 1 to Garza Landscape,
H. Spencer Knight
Landscape Manager
Garza Landscaping, Inc.
81-101 Indio Boulevard
Indio, California 92201
May 13, 2004
Agreement
Vicinity Map
Recommendation:
By Minute Motion; award Contract No. C22230 for Landscape
Maintenance Area No. 1 to Garza Landscaping, Inc., in the amount
of $94,560.00.
Discussion:
On March 5, 2004, the City Clerk for the City of Palm Desert advertised and
called for bids for Landscape Maintenance Area No. 1. On Monday, April 5,
2004 at 2:30 P.M. the bids were opened and read aloud. The results are as
follows:
Garza Landscaping, Inc. (Indio, California) $94,560.00
During the bid process eight companies requested plans and specifications for
this project. While Garza Landscaping, Inc., was the sole responder, staff having
reviewed their proposal and considering their prior experience with the City of
Palm Desert, feels fully confident in recommending Garza Landscaping, Inc., be
awarded the subject contract.
Funds are available for this program in 110-4611-453-3370.
Staff Report -Award Landscape Maintenance Area No. 1 to Garza Landscaping
Page 2 of 2
May 13, 2004
Therefore, staff recommends that City Council by minute motion; award Contract
No. C22230 for Landscape Maintenance Area No. 1 to Garza Landscaping, Inc.,
in the amount of $94,560.00.
Submitted By:
H . pe 1ce night
La . dsc.. p- anager
Approval:
A M for De " I%• ment Services
City Manager,
/cis
Department Head:
Michael Errante, P.E.
Director of Public Works
Finance Director
G:\PubWorks\PROJECTS\901-XX12004\Staff Report\STAFF REPORTAward to Garza.dot
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this
13t" day of MAY, 2004, by and between THE CITY OF PALM DESERT, a
municipal corporation, hereinafter referred to as "CITY", and referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, on March 5, 2004 , the CITY invited bids 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 NINETY FIVE THOUSAND FIVE
HUNDRED SIXTY DOLLARS AND NOI00 ($94,560.00) 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, 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.
(5)
(6)
(7)
AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing, signed by the CONTRACTOR
and approved by the City Council of the CITY.
TERMINATION. If, during the term of this Agreement, CITY determines
that CONTRACTOR is not faithfully abiding by any term or condition
contained herein, CITY may notify CONTRACTOR in writing of such
defect or failure to perform; which notice must give CONTRACTOR a
three-day notice of time thereafter in which to perform said work or cure
the deficiency. If CONTRACTOR fails to perform said work or cure the
deficiency within the three (3) days specified in the notice, such shall
constitute a breach of this Agreement and CITY may terminate this
Agreement immediately by written notice to CONTRACTOR to said effect.
Thereafter, except as otherwise set forth herein, neither party shall have
any further duties, obligations, responsibilities, or rights under this
Agreement except, however, any and all obligation of CONTRACTOR's
surety shall remain in full force and effect, and shall not be extinguished,
reduced, or in any manner waived by the termination hereof. In said event,
CONTRACTOR shall be entitled to the reasonable value of its services
performed from the beginning of the period in which the breach occurs up
to the day it received CITY's Notice of Termination, minus any offset from
such payment representing 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.
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; 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.
(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
A Municipal Corporation CONTRACTOR
ROBERT A. SPIEGEL, MAYOR GARZA LANDSCAPE
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO CONTENT:
MIKE ERRANTE, P .E.
PUBLIC WORKS DIRECTOR
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
ATTACHMENTS
CONTRACTOR'S PROPOSAL ..
•
CITY OF PALM DESERT SUBMISSION FORM
LANDSCAPE MAINTENANCE SERVICES FOR:
CONSOLIDATED MAINTENANCE AREA NO. 1
TO: CITY CLERK
City of Palm Desert
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned declares that they have carefully examined the Specifications
accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof,
is authorized to represent the bidding firm and propose services to Paim Desert.
It is understood that the price shown hereon includes all routine and seasonal
maintenance described in the specifications.
For each item, the averaged one -month maintenance cost shall be indicated and the
total of these costs shall be extended for the term of the contract.
ITEM
DESCRIPTION
PRICE
(MONTHLY)
$ 3) 500,p2
$ 2) 206.22
PRICE
(ANNUALLY)
$ y2,000,"
$ .2 6, 4/60, S91
1.
Highway 111 Center Medians
2.
Highway 111 North Frontage Parkways
3.
Highway 111 South Frontage Parkways
$ / 600. O°
$
it) 2 00 .m'
4.
Highway 74 Median Just South of Highway
111
$ q0, (22
$ L180, °o
5.
Both Paim Desert Entry Signs East and West
$ 90, °�
$ h 0 go, °°
6.
Entrada del Paseo
$ q5o. °2
$ 5 Li oO "°
TOTAL
$ 7) A8-0. D0
$ qy, 560. O°
TOTAL AMOUNT BASE BID IN FIGURES $ 9ie) SG D . !
TOTAL AMOUNT BASE BID IN WORDS W rify -Pour- i o tA sand -�'r v e
f l kYi dr i d .S 13,/fy a o liars
Page 11 of 41
CONTRACTORS PROPOSAL (CONTINUED)
The costs of any work shown or required in the Plan and Specifications, but not
specifically identified as a Pay Item are included in the Pay Items, and no additional
compensation shall be due Contractor by virtue of Contractor's compliance with the
Plans and Specifications.
LondScet..," c
COMPANY
2`I- /0/ 1tid,o B/(id) In c�Ir� , r.el. .220/
ADDRESS
( 740) 775- 99 8 a (7 O) 3V2 - 072 2.
TELEPHONE FAX
04.1e, 6errz4 /reside"
BID PREPARED BY TITLE
03 -.2S- O
SIGNATURE DATE
TECHNICAL ABILITY AND EXPERIENCE
The bidder must verify acceptable experience of diversified landscape maintenance,
which will enable the City to judge the responsibility, experience, skill, and
business/financial standing of the bidder.
Due to the location, difficult nature and plant material associated with this maintenance
area, the City Council of the City of Palm Desert reserves the right to reject bids from
firms that do not reflect adequate experience and qualifications to conduct the
necessary work.
Additional numbered pages outlining information required or this portion of the proposal
shall be attached as necessary.
The bidder is required to state all work of a similar character to that included in the
proposed contract that he has performed in the last three years. Provide references with
an address, contact person and phone number.
Page 12 of 41
CONTRACTORS PROPOSAL (CONTINUED)
Contract Class of Date
Amount Work Completed
1 )7g/, "Le- rnar✓►lcNgwce. G-3d-oel
88'332.- w_47'4Jtrlaote 4 30--0v
3 63) ByD,
Slain le,n 4kte
Name, Address & Telephone
No. of Owner
cty-y Les
r
F)H ac f . ../� r ri C/?isc.
ri,t/IkG/ p/gue/ 114et_I
e / Garcia.
-30-0q "frca 7 Ci 7"/
ion 7I' •/Pr,)14
Due to the location, size/extent and maintenance requirements of the maintenance
area, bidder is required to state how he will provide the necessary maintenance and
services in the specifications. State the estimated manpower your company will use
each week to fulfill the contract, including supervision, irrigation and general labor sub-
categories.
3 A t(ii rir en 7
er"C4ir
n 4-e i► ri9Q//ors c_AeckS
H10 1 c);,i civ e c_k Gv;/I -117
,e oece Ss4,sl "eciir/epo,,e
,A.A.41 a a - u/9erv,esar'
cre w
Page 13 of 41
CONTRACTORS PROPOSAL (CONTINUED)
Please include the following:
Local Office
‘
Address: (1;;r cZ 4 L.a ra cap 1 Lc.
81- 10 / _In al,) lOti
lhd/v , Chi 9220 /
Phone: ( 760 ) 775" - 99
Emergency Contact Person
Name: Luis JeleZar-
Phone: (7o) 2.So - o /S i
or Ze.k e Car-24
(7o) 3 yo &a - or .25-0.32-0
howle. ,41 11.()L
Page 14 of 41
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
CONTRACT NO. C22230
CONSOLIDATED MAINTENANCE AREA NO. 1
STATE OF CALIFORNIA)
)SS
COUNTY OF RIVERSIDE)
ESEQUIEL GARZA being first duly sworn, deposes and says: that
he is PRESIDENT Of GZA LANDSCAPING INC.
(insert "Sole OWNER", "Partner, or other proper title) (insert name of bidder or other proper title)
who submits herewith to the City of Palm Desert, a Proposal;
That all statements of fact in such Proposal are true; That such Proposal was not made
in the interest of or on behalf of any undisclosed person, partnership, company,
association or corporation; That such Proposal is genuine and not collusive or sham;
That such bidder has not, directly or indirectly, by agreement, communication or
conference with anyone attempted to induce action prejudicial to the interest of the City
of Palm Desert, or of any other bidder of anyone else interested in the proposed
contracts; and further,
That prior to the public opening and reading of Proposal, said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a
false or sham Proposal.
(b) Did not, directly or indirectly, collude, conspire, connive or agree with
anyone else that said bidder or anyone else would submit a false or
sham Proposal, or that anyone should refrain from bidding or withdraw
their Proposal.
(c) Did not, in any manner, directly or indirectly, seek by agreements,
communications, or conference with anyone to raise or fix any
overhead, profit, or cost element of this Proposal price, or that of
anyone else.
(d) Did not, directly or indirectly, submit their Proposal price or any
breakdown thereof, or the contents thereof, or divulge information or
data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof, or to any individual or group of individuals, except to the City of
Palm Desert or to any person or persons who have a partnership of
other financial interest with said bidder in his business.
Page 9 of 41
(e) That no councilperson, officer, agent or employee of the City of Palm
Desert, is personally interested, directly`or indirectly, in this contract, or
the compensation, oral or in writing, of the City Council its officers,
agents or employees, has induced them to enter into this Contract,
excepting only those contained in this form of Contract and the papers
made a part hereof by its terms.
Subscribed and sworn to before me this o4
N. ary Public in and for said
C. my and State
MERCEDES F. GUTIERREZ
COMM. #1288548
NOTARY PUBUC CAUFORNIA g
RIVERSIDE COUNTY
My Comm. Exp. Dec. 25, 2004
day of APRIL
By:i
Titlel .e.s( .e7
Page 10 of 41
Bond No. 208823
BIDDER'S BOND
[TO ACCOMPANY PROPOSAL]
KNOW ALL MEN BY THESE PRESENTS,
That we, Garza Landscape, Inc.
. principal, American Contractors Indemnity Company as
surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 10 , 000.00
(10% of bid) to be paid to the said OWNER or its certain attorney, its successors and
assigns; for which payment, well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors or assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
as
that if the certain proposal of the above bounden principal to perform certain work
described as follows: LANDSCAPE MAINTENANCE OF AREA NO. 1 (CONTRACT
NO. C22230 - - PROJECT NO. 901-XX).
and dated April 2, 2004 is accepted by the City of Palm Desert, and if
the above bounden principal Garza Landscape, Inc. shall duly enter into
and execute a contract for such construction, and shall execute and deliver the
Performance Bond and Payment Bond and insurance certificates as required by said
contract, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
Should it become necessary for the owner to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this First day
of April 2004
Contractor's Name: Garza Landscape, IncSurety's Name:
American Contractors
Indemnity Company
COAfi //)C. Title: Attorney -in -fact
Diane M. Nielsen
Address: 77-564 Country Club Drive #401, Palm Desert, CA 92211
Telephone: ( 760 ) 360-4700
Page 8 of 41
American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 NI' 9085663
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Paul W. Lewis or Diane M. Nielsen or Jeanette McCulloch or Mathew Costello or Van G. Tanner or Ann Willard
Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ 25,000.0ry0 . This Power of Attorney shall expire without further action on
September 27, 2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 28th day of February, 2003.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
AMERICAN CONTRACTORS INDEMNITY COMPANY
By:
Robert F. Thomas, Chief Executive Officer
On this 28th day of February, 2003 before me, Norma J. Virgilio, a notary public, personally appeared Robert F. Thomas, Chief Executive
Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
NORMA J, VIRGILIO
Commission i 1322310 Z
Notary Public- California
Los Angeles County
*COMM. EvensSap 27, 2005
WITNESS my hand and official seal
Norma J. Virgilio, Not
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this %sue day of
,2009 .
II- 3
JAMES H. FERGUSON orporate Secretary
rev. POA04/20/01
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON ' , ! `-O L) , BEFORE ME, LUIS GARCIA, Notary Public
PERSONALLY APPEARED: DIANE M. NIELSEN
Capacity Claimed By Signer(s):
( ) Individual(s) ( ) Corporate ( ) Partner(s) (X) Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator ( ) Other:
Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s)
whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature:
Luis
LUIS GARCIA
Commission* 1310163 •
Notary Public - California
Riverside County
My Comm. Expires Jul 20, 2005
�. rr ► w w VI. W .r
ALL PURPOSE ACKNOWLEDGMENT
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