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HomeMy WebLinkAboutC22440 - Landscape Maintenance Area No. 2REQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. 22440 for Landscape Maintenance Area No. 2 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. C22440 for Landscape Maintenance Area No. 2 to Garza Landscaping, Inc., in the amount of $115,860.00. Discussion: On March 5, 2004, the City Clerk for the City of Palm Desert advertised and called for bids for Landscape Maintenance Area No. 2. On Monday, April 5, 2004 at 2:45 P.M. the bids were opened and read aloud. The results are as follows: Garza Landscaping, Inc. (Indio, California) $115,860.00 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. Staff Report -Award Landscape Maintenance Area No. 2 to Garza Landscaping Page2of2 May 13, 2004 Funds are available for this program in 110-4611-453-3370. Therefore, staff recommends that City Council by minute motion; award Contract No. C22440 for Landscape Maintenance Area No. 2 to Garza Landscaping, Inc., in the amount of $115,860.00. Submitted By: Sp ncer Knight L nds ape Manager t Services City Manager /cis Department Head: Michael Errante, P.E. Director of Public Works Finance Director G:1PubWorks\PROJECTS1902-XX\2004\Staff Report\STAFF REPORTAward to Garza #2.dot AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 13th day of MAY, 2004, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and GARZA LANDSCAPING, INC., 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 ONE HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS AND NO/-- ($115,860.00) 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. 2 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 Palm 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) $ 2,110. 00 PRICE (ANNUALLY) $ 3S, 8 1O . no 1. El Paseo Street Medians 2. Palm Desert Community Center $ ,200. 60 $ ?)4/00. 0 6 $ ' oO . oo 3. Palm Desert Historical Fire Station $ 75' , 06 4. Frontage Road Parkway - Highway 74 $ / 2oo 0 a $ /S, 60b . o0 5. Fred Waring Drive Medians from Deep Canyon to North of Highway 111; from Deep Canyon South to the San Pascual Channel; the south wall $ i j ?,2s. 00 $ 0) 760 , no 6. Town Center Way Medians $ 75, no $ '00,00 7. Monterey Avenue Medians from Highway $ 1 i 3 20. OD $ I ti") .. 6 0. 0o 8. San Pablo Avenue Medians $ 0 . on $ 940, oo 9. Palm Desert Visitors Center $ / SO . o o $ 1) '00. OD 10. Magnesia Falls Drive Median $ /,-/ o . oo $ 1,490. 60. $ Lin.. o 0 11. Phyllis Jackson Lane (East Side) $ if D . Oa 12. Baja Park $ ISOO, Oh $ 9S 6. . 0 0 $ f$ 06o.on $ 11S3 8 60. 0 o TOTAL Page 11 of 49 CONTRACTORS PROPOSAL (CONTINUED) TOTAL AMOUNT BASE BID IN FIGURES $ //S 84 0. do TOTAL AMOUNT BASE BID IN WORDS Dnt AunriPer/ ,leeee A ()as nI D; kf J ire' 3 isY y do Wet S 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. arZA COMPANY rr indlin 81ueI. in die) c, 9-220 Lan iscapIni 2tc.s ADDRESS ( 766) 77c- 998•8 FAX ) 3'f2 - 072 2 TELEPHONE rreS BID PREPAED BY TITLE • SIGNATU 03-.2 -G( 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 49 CONTRACTORS PROPOSAL (CONTINUED) Contract Amount 1 9.z, 7x/. =° 2 h ,.332, rlarnle4a4ce 4 -3o -oy 3 63, ago, l4 Class of Date Work Completed a !/? r7Cc Name, Address & Telephone No. of Owner r€'/ Gay64f4 Lest,,/ t^a r1 (Ita, ct /¢rto 6 C//y or n90/ a C f: t"1 r u rta,Pt(t►tasce ‘'34-04/ flreit C:r y o1' 6..4K .0.eree l 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. -71At lPeczsS'ar-/ anA 'f,42 &Q,tL./% ►r-rr�aAv•i efinccks j)P✓'V/SO!^ Gd'e44.) m 4 , lest e Please include the following: Local Office Address: Phone: l7arz4 L of ✓!d.5 Ca� xi-, is cA. `j22/0 (740 ) 775- 99F�Sr Emergency Contact Person Name: L tt J 4 ca. l a Z a r co /- Zei e Ga r Z Cc Phone: (no) 2Sd - ©l5'2 (76o)3yc) -2&gas or LSC) 2 5r8 I. r'i e # rob; Page 13 of 49 BIDDER'S BOND Bond No. 208822 [TO ACCOMPANY PROPOSAL] KNOW ALL MEN BY THESE PRESENTS, That we, Garza Landscape, Inc. .principal, American Contractors Indemnity Cnm''any surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 16,000.00 (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 as that if the certain proposal of the above bounden principal to perform certain work described as follows: LANDSCAPE MAINTENANCE OF AREA NO. 2 (PROJECT NO. 902-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 an,d execute a contract for such construction, and shall execute and deliver the 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 , 20 04 • American Contractors Contractor's Name: Garza Landscape, Inc. Surety's Name: Indemnity Company Title: Attorney -in -Fact eo 1:nn McCrosson ess: '.41 Airport Blvd., 9th Floor, Los Angplpc, CA 90045 Telephone:. ( 310 649-0990 Page 8 of 49 AAmerican Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 POWER OF ATTORNEY 09-2898 KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a Califomia corporation does hereby appoint, Georgann McCrosson, Janelle L. Miller, Margarita Sanchez or Irasema Urbina Its true and lawful Attorney(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 S ***1,863,000.00***Dollars . 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 To appoint Attorneys) -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. 1. INCORPORATED SEPT 26,1990 AMERICAN CONTRACTORS INDEMNITY COMPANY By: Robert F. Thomas, Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § 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. WITNESS my hand and official seal 4-4.44.z ,797 A.;_r,-/-4-"<r) Norma J. Virgilio, Nota NORMA J. VIRGILIO Commission * 1322310 Notary Public - California Los Angeles County My Comm. Expires Sep 27, 2005 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 Firstday of April , 200 4 • Bond No. 208822 Agency No. #9006 JAMES H. FERGUSONorporate Secretary rev: POA04/20/01 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO } On April 1, 2004 before me, JANELLE L. MILLER, NOTARY PUBLIC personally appeared Georgann McCrosson personally known to me (erpreved-on-the-basis.of-satisfactory- nce) to be the person(s) whose name(s) is/ace-subscribed in the within instrument and acknowledged to me that he/she/they executed the same in his/her/heir-authorized capacity(ies), and that by -his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offical seal, .?NOTARY PUBLIC IN AND FOR THE SAID STATE /21E-4. 7174(24-'-'c JANELLE L. MILLER COMM. #1262233 NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires 29, 2004 CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) NAME OF PERSON(S) OR ENTITY(IES) ❑ INDIVIDUAL(S) AMERICAN CONTRACTORS INDEMNITY COMPANY ❑ CORPORATE OFFICERS) ❑ PARTNER(S) TITLE(s) ❑X ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER ATTENTION NOTARY: Although the information requested below is optional it could prevent fraudulent attachment of this certificate to unauthorized document. Title or Type of Document THIS CERTIFICATE Number of Pages MUST BE ATTACHED TO THE DOCUMNT Date of Document DESCRIBED AT THE RIGHT Signer(s) Other Than Named Above This doeumau Is only a general farm which may be proper for use in simple transactions and in no way acts. or is intended to set, as a substitute for the advice of an attorney. The printer does not mate any warranty. either express or Implied as to the legal validity of any provision of the suitability of these forms in any specific transaction. AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR CONTRACT NO. C22440 CONSOLIDATED MAINTENANCE AREA NO. 2 STATE OF CALIFORNIA) )SS COUNTY OF RIVERSIDE) FSEQTTTFT. GARZA being first duly sworn, deposes and says: that he is PRESIDENT Of GARZA T.ANT)SCAPTNa 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 49 (e) That no councilperson, officer, agent or employee of the City of Palm Desert, is personally interested, directly br 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 5th day of APRIL , 20 04 N¢tary Public in and for said County and State U MERCEDES F. GUTIERREZ COMM. #1288548 NOTARY PUBLIC CAUFORNIA RIVERSIDE COUNTY My Comm. Exp. Dec. 25, 2004 By: Title: Page 10 of 49