HomeMy WebLinkAboutC22240 - Landscape Maintenance Area No. 3REQUEST:
SUBMITTED BY:
CONTRACTOR:
DATE:
CONTENTS:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract No. 22240 for Landscape Maintenance Area
No. 3 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. C22240 for Landscape
Maintenance Area No. 3 to Garza Landscaping, Inc., in the amount
of $98,400.00.
Discussion:
On March 5, 2004, the City Clerk for the City of Palm Desert advertised and
called for bids for Landscape Maintenance Area No. 3. On Monday, April 5,
2004 at 2:15 P.M. the bids were opened and read aloud. The results are as
follows:
Garza Landscaping, Inc. (Indio, California) $98,400.00
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. 3 to Garza Landscaping
Page 2 of 2
May 13, 2004
Funds are available for this program in 110-4611-453-3320.
Therefore, staff recommends that City Council by minute motion; award Contract
No. C22240 for Landscape Maintenance Area No. 3 to Garza Landscaping, Inc.,
in the amount of $98,400.00.
Submitted By:
Knight
Manager
Approval:
ACM for De 'I• •m: nt Services
City Manager
Ids
Department Head:
Michael Errante, P.E.
Director of Public Works
Finance Director
G:\PubWorks\PROJECTS\903-XX12004\Staff Reports\STAFF REPORTAward to Garza #3.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 NINETY EIGHT THOUSAND
FOUR HUNDRED DOLLARS AND NO100 ($98,400.00) 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.
(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. 3
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)
$ 100, 0o
PRICE
(ANNUALLY)
$ 10) Ro0. 00
1.
Ironwood Park
2.
Haystack Greenbelt
$ /1 D00 . oo
$ y : coo, vo
3.
Smoke Tree Desert Park
$ yoo . oo
$ y, 800. oo
4.
Washington Charter School Park
$ SSo . 0o
$ t) Coo. oo
5.
Cahuilla Park
$ 350 . oo
$ y) 2 00. 00
6.
Community Park/Rutledge Strip
$ I,7o o . oo
$ ,2 Di S/oo, 00
7.
Joe Mann Park
$ I,Yoo . oo
$ /t,,, Rod. do
8.
Palm Desert Community Gardens
$ yo4 , oo
$ y) goo,. 00
9.
San Pascual Planter
$ Soo . oo
$ 3)600,60
$ '/00, 00
10.
Homme/Adams Park
$ 200.00
TOTAL
$ 8, 2 00. 00
$ q8 5100. 00
TOTAL AMOUNT BASE BID IN FIGURES $ 9gi 1100 , 00
TOTAL AMOUNT BASE BID IN WORDS N,nt ell? l luard Pe (.4 r-
uyartd ,Io//ar,S
Page 11 of 49
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.
f
Gt rLQ LQn?scal) fh....tG.
COMPANY �J
al- /0/ 1neio 4ivc/ )-Lich; , Clii 5220/
ADDRESS
f 7d0) 775- 298A
TELEPHONE
Z e k e Garza
BID PREPARED BY
(770) 3512-0722
FAX
1'0res/Vea
TITLE
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
Class of
Work
pta /Y11117411Cf.
Date
Completed
Name, Address & Telephone
No. of Owner
ri c,_ / • 141 o 1 % //r+ .ins e7
Atit
4- 3d -o y A,'e' .i4
. raci(i% K
/f1 e / rarE/4.
G -3� -0V e .11 7 C. e'r _Ades C�ese�'T
r a
CQhfc7l l�.yra % ��xrtrac.
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 ,(
J t� (� h .� r t' 1 4 /rt /` pita I n n 4 H C e
-PA. ( lrr, a .e. � p lc y �� P /O � tL` ! or�t'r+- � `.J
Wei'k and 4,{z rdl J /7 t Iris.) w. %dry Cie chr /us 2
at s�rr►it
u S!Y" f •`/ c.lee-44 w/i/7 74e c,rerJ
,Ii,"/y
Page 13 of 49
CONTRACTORS PROPOSAL (CONTINUED)
Please include the following
Local Office
Address: Garza Lanheah4 SSG.
R1-10( �n1/0/Jai/.(/-
7-nI,o CI. 9220
Phone: (?i )
Emergency Contact Person
Name: LK,s Soh Zar or 2 ¢ L e CA1`Z4
Phone: C!tin) .250 - 459 (7‘o) 3Y0-2 s S or -32y.k
Ione rtod, I f�
Page 14 of 49
BIDDER'S BOND
[TO ACCOMPANY PROPOSAL]
KNOW ALL MEN BY THESE PRESENTS,
Bond No. 208821
That we, Garza Landscape, Inc. as
principal, American Contractors Indemnity Company as
surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 10,000.0o
(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,
that if the certain proposal of the above bounden principal to perform certain work
described as follows: LANDSCAPE MAINTENANCE OF AREA NO. 3 (CONTRACT
NO. C22240 - - PROJECT NO. 903-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 20 04
Contractor's Name:
B
American Contractors
Garza Landscape, Inc. Surety's Name: Indemnity company
<.✓��L/ram t /L.►�..;.�-�_�u
Ge
ress:
gann McCrosson
9841 Airport Blvd., 9th Floor, Los Angeles, CA 90045
Title: Attorney -in -Fact
Telephone: (
310 )
649-0990
Page 8 of 49
American Contractors Indemnity Company
• 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045
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,
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 $ ***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
1. 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.
AMERICAN CONTRACTORS INDEMNITY COMPANY
By:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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. VIRG11a0
WITNESS my hand and official seal 1 I�f� commission# 1322310
s � Notary Public - California
Los Angeles County
Notiuy 7Con*n Expires Sep 27, 2005
Norma J. Virgilio,
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 thisFirst day of April , 200 4
Bond No. 208821
Agency No. #9006
14- 3
JAMES H. FERGUSON orporate Secretary
rev. POAO4t20/OI
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 (er-preved-en-the-basis-of-satisfactory-evidence) to be the person(e) whose namefel
is/are-subscribed in the within instrument and acknowledged to me that he/she/they executed the same in
his%her/thei+-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.
WITNESS my hand and offical seal,
NOTARY PUBLIC IN ANO FOR THE SAID STATE
JANELLE L. MILLER
COMM. #1262233
NOTARY PUBLIC CAUFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires Amit 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
OFFICER(S)
❑ PARTNER(S) TITLE(S)
Q 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 document la only a towel torn which may be proper for use in simple tranaaedans sod in no way acts. or is inotnded so aa, as a substitute tar the advice of m attorney. The primer don not mate
any warranty. either express or bnplled es to the tepl validity of any provident of die sashay of these forma is any specific ueenaaion.
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
CONTRACT NO. C22240
CONSOLIDATED MAINTENANCE AREA NO. 3
STATE OF CALIFORNIA)
)SS
COUNTY OF RIVERSIDE)
ESEQUZEL GARZA being first duly sworn, deposes and says: that
he is PRESIDENT of GARZA 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 49
(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 5TH day of APRIL , 20 04
N •.tary Public in an for +�
County and State
sai
MERCEDES F. GUTIERREZ
COMM. #1288548
NOTARY PUBUC - CAUFORNIA g
RIVERSIDE COUNTY
My Comm. Exp. Dot 25, 2004
Page 10 of 49
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