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Home My WebLink AboutC28670 - LMA No. 1 (901-09)Contract No. C28670 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Reject Bid as Non-Responsive and Award Contract No. C28670 for Landscape Maintenance Area No. 1 to Teserra Outdoors of Coachella, California (901-09) SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: Recommendation: Mark Greenwood, P.E., Director of Public Works Teserra Outdoors 86-100 Avenue 54 Coachella, CA 92236 May 21, 2009 Proposal Sierra's Bid Protest Agreement Vicinity Maps By Minute Motion: 1. Reject bid from Midori Gardens as non-responsive; 2. Award Contract No. C28670 for Landscape Maintenance Area No. 1 to Teserra Outdoors of Coachella, California, in the amount of $64,320; 3. Include extra work and services at the specified contract amount, not to exceed $50,000; and 4. Authorize the Mayor to execute the contract. Funds are available in the General Fund Account No. 110-4614-453-3370, Repair/Maintenance Medians. Staff Report - Award Landscape Maintenance Area No. 1 Page 2 of 3 May 21, 2009 Discussion: Contract No. C28670 On April 4, 2009, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 1. Bids were opened and read aloud on Tuesday, April 28, 2009, at 2:00 p.m. with the following results: Contractor Location Price 1 Teserra Outdoors 2 Marina Landscape 3 Hort Tech, Inc. 4 Sierra Landscape Co., Inc. 5 Mariposa Landscape, Inc. 6 Vintage Associates, Inc 7 0 Kirkpatrick Landscaping Midori Gardens Coachella, CA Palm Desert, CA Bermuda Dunes, CA Palm Desert, CA Irwindale, CA Bermuda Dunes, CA Indio, CA Santa Ana, CA $64,320 $76,932 $78,000 $80,160 $95,880 $103,200 $106, 800 $51,420 (unresponsive) Staff reviewed the bid proposal for the apparent lowest bidder, Midori Gardens, and found that their bid documents do not meet the contract criteria. The next lowest bidder is Teserra Outdoors of Coachella, California. On April 29, 2009, staff received a written protest from Sierra Landscape regarding their belief that Teserra Outdoors did not have experience with public works maintenance contracts and, therefore, did not meet contract qualifications. At staff's request, Teserra Outdoors presented additional documentation that clarified their level of experience and technical ability. After staff review of the documentation, staff concluded that Teserra Outdoors has met the bid requirements. Therefore, staff recommends that, by Minute Motion, City Council rejects the bid from Midori Gardens as non-responsive, award Contract No. C28670 for Landscape Maintenance Area No. 1 to Tessera Outdoors of Coachella, California, in the amount of $64,320, include extra work and services at the specified contract amount, not to exceed $50,000, and authorize the Mayor to execute the agreement. G'IPubWorkslStalf Reports120091May 21114 Award C28670 to Tessera Outdoors P901-091Award Contract 901-08 doc Staff Report - Award Landscape Maintenance Area No. Page 3 of 3 May 21, 2009 Contract No. C28670 Fiscal Impact: Teserra Outdoors' bid of $64,320 represents a 39.8% savings ($42,480) over last year's contract. Funds are available in account No. 110-4614-453-3370. Prepared By: i \� H. pe er gh�" La dsca e nager Appro al: � Homer Croy ACl�for De�e opment Services � ��,�i�� M. Wohlmuth Manager Mark Greenwood, P.E� Director of Public Works P I S. Gibson Finance Director CTTY COUNCILA,�ETION APPROVF,D � DF,NTED R[a,C E I VED OTHER 1vor�: �lr�r►P n�35r;vT: I�Irn�F A,I3ti"t'Allv• /l/!`7�'lf�' V F, id p F[ F: D I3 Y• � Lrii � j�?C`%7 (�ri�;�ns�l on File with City C1erYc's Office MEE'I'ING DAT ,� '�� vrs: �Ld � , fiY�eit��,�y��=�- G.IPubWorkslStaff Reports120091May 21N4 Award C28670 to Tessera Outdoors P901-09IAward Contract 901-08 doc .� � ; � � � City of Palm Desert Contract Documents and Specifications for LANDSCAPE MAINTENANCE AREA 1 Project No. 901-09 Contract No. C28670 APPROVED BY r �' , . � , . . - � fr •�.�--.-- . _ .�, - � : , „" •- ,'; . } ��R �.7fi��'f�,llJL/j �.G.. dIRECTQR +DF #��JB�t� '4�i'�RKS ��-S'ft1 fRED 1�(ARI�IG DRIYE FALNt D�SERT, CAI.I�`C?R�iIA► ��0 APRIL 2009 Contractor's PROPOSAL (CONTINUED) SPECIFIC TERMS AND CONDITIONS LANDSCAPE MAINTENANCE AREA NO. 1 BID LOCATIONS ITEM � DESCRiPT10N 1. Highway 111 medians and parkway �2. I 3. I 4. I 5- 1 s. I7 � s. (9 10. TOTAL Palm Desert Community Center Palm Desert Historical Fire Station Highway 74 medians and parkway Charger Sculpture Portola Avenue median Palm Desert Police Substation Mesa View Fire Station Silver Spur Trail Open Space PRICE (MONTHLY► $ a OOb, C�c� I$ b� ��d 4$��,� I�taoQ,�� 15d,C� �$ � �, PRiCE (ANNUALLI� $ ��, c�GQ� C�C7 $ � y� oa , �� $ 3oov. � $ >� ��, � $ IU�vl l�.J � 3�. a� � � J� � � � �/��a v O. � 3�,� $ 3�'�0�� $ 3g�,�n $�S'�U, 00 $�3�0� � � �y, 3�0,� TOTAL AMOUNT BASE BID IN FIGURES $�aLi� .��0� �� , � !�, �,, TOTAL AMOUNT BASE BID IN WORDS JJ�/ �t �1J(Z �"�OuS�!/ (o I.P..-21� ! � N�2,�1� i �U �C�t . R�- S �� The costs of any work shown or required in the 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 Specifications. NOTE: Bids received from contractors who did not attend the Mandatory Pne-Bid Meeting wil► be considered non-responsive. Contractor's PROPOSAL CONTINUED ON NEXT PAGE 12 Contractor's PROPOSAL (CONTINUED) I E � ��--� �U�T �� . COMPANY ��— I� t�V E- � �� '�4 �. c!L�1 � �i ��3,� ADDRESS t�� 1S- � ��- t �� .�9�' 9�.5� TELEPHONE FAX J ��.� 1��N� 2 �( �C��9�s� D��O B{D P ARED �`( TITLE / `� , �/�� /G � SIGNATURE DATE � TECHNlCAL ABlLITY AND EXPER{ENCE The bidder must verify acceptable experience of diversified landscape maintenance (including desert and desert-adapted plant material), which will enable City to judge the responsibility, experience, skill, and business/financial standing of the bidder. Due to the location, difficult environmental conditions, desert plant material, and naturalistic pruning methods 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 by this portion of the proposal shall be attached as necessary. The bidder is required to state all work of a similar character that is included in ths proposed contract that he has performed in the last three years. In the space below, provide references with a contact person, address, and phone number for verification of said work. Contractor's PROPOSAL CONTINUED ON NEXT PAGE 13 Contractor's PROPOSAL (CONTINUED) :-t.; �r- ��:- ��a - - _ = wr�:�,�,�;� .;;�._,,. �..s, .�,.�.�� - --��=�>;Y - �,_�r .,�,,�. ti. .:�� t�";>` `-:4:��=`'. _ _ �;;.': :.��" �-'.-• - .�.� - t��<. - Qa a€�. g:�: .'3 •:�1:r.".''$i., - �•<- - - %::f�:":�a� _ +. - - ,:.,ta•. �� ,,�t.. � - - - "'k., tr''�,� ::�..a - - .#re: .t`�,. '�:,_.- 3,. .t:`.-�:`,�; - ti�' - - .�3 « ..,,�� ,.�.� � j � .eF - `V'( s�� f �t-.,•� dn . �,.:1 <r, � C,'.� _ - _ �:JJiA,.��-, ':�:'Cl - - �.v�. ' � �3. � �� s:�M �� R��ER��'.� ��5=�= .,: j �. `�� <.a. �•�:�:=r _ : .. N� r�--r- ..�..,_.. _ . �a � . . �:. _F.�.y . _ - - . - - � - - � _ ,�t ,-;.-," ..� . .; .. t,',4_".:�,,. ;�=v.:;'°.,. ?v.4.`.u-W,3�.._ 'r' ""j_ . , _ _ t_ ..._ .- .. . . .. _ . _ _ ._.�_,.�....._�__> .a._.._,...,.r.,o-._ _..>.,._.a_.�.i- .. . ..� -._ ........._ . -. - '�`' Contrad Amount Class of Work Completion Date Contact Person 1 $ ;,7 �� 3:>�J 2 $ � 1I � � J�Yv LAN�A�£ Ni�c�� r1 . 1. :• �`� 3_ V i. �' e:, � Cv�-��N � !V`�`�1 C,�+E M�.P�� 1 b ►�iU��di �.Q�i��C.q�� . �,��1k'd�!tt�"�/ ; �,��1�.,,l� ��l K,Q�^� � J'l��h /�UQ C�.� %� lv Name �N�� NUG�I n'!£�fS Business Name �`� ��j ��-`� �� 5/ Address 3 %d ' pt,� �% "Q `�� Phone ��(,i �<r�f�U ��%E'L1fdE 1�'i�tl�(�� Name i `LU�l/!/c111�0�+� "�Fj BusinesslVame j�G��l/��BFQNI�I�� l� Address f {%'"J`1/'%�% (} Phone • , ^'� �'��'�.. V ��^ti��....'A� 3$'�)�,��Ily�, I�I��jC�� /2cU� 4'E��Cf' C�.�l� Name � 1 �lfi �i�� C �Ma � u�`�.�v.l..� � BusinessName � 'G w ns , f��./ �� %�Q t I�rE�G.'�',%9��)(,1 Address r� ru� � ��'� � �" ��- % Phone Due to the location, size/extent and maintenance requirements of the maintenance area, bidder is required to state how it will provide the necessary maintenance and services in the specifications. State the estimated manpower your company will use each week to fuifill the contract, inciuding supervision, irrigation and general labor sub- categories. �� 2¢. (� lN 1� �. � uL0'� �..� ��c.-�..T� r� E E h� p I ��.e,<, �5 1'� eE ��.) �,a N> G��z�c��- �l� �tz� —we�� - �a �� ..� �. a eF � f� Ic� 1��. s � oN-4'� �- �Q� (�� fi 1��F� i� .— � C�vu u'C 1`/� N A c�� I ! L �_il. ��- 6 c � �'.Q � w� b�'-� 1� N� ��iv � J� Q S�t-�� s �v 1�a s A��H--�} , ��E�qi�..�S �1��,2 VrSe� S',�-� ��vl,�l�i"fJ l y, t Contractor's PROPOSAL CONTINUED ON NEXT PAGE 14 Contractor's PROPOSAL (COMTINUED) Contractor's PROPOSAL SUBMISS{ON FORM INFORMATION REQUIRED OF BIDDER NO B/D WILL BE CONSIDERED UNLESS TH/S DOCUMENT IS COMPLETED lN FULL ALL APPL/CABLE /TEMS MUST BE FILLED OUT The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address t�U �iC �a,g�J" �� `�10C� al/� �ii �6RCh�.iL,� C�1 �a�.� (2) Telephone No. � <o c�'"3� � — � a �. �. (3) Type of Firm (Individual, Partnership or Corporation) ��-��P�� `�� (4) Corporation organized under the laws of the State of C� (5) Contractor's License No. �5�'��$ Exp. Date /�%31 �%� Contractor hereby swears under penalty of perjury that the information provided is true a orrec By: � Title: G� ��'` ►��Z �-� � / �--j' Sig ature Contractor � (6) List the names and addresses of afl OWNERs of the firm or names and titles of all officers of the corporation: J�1�Ea A L �eC G �IA� � G-� ��—��,��FN��f�O ��s ��, F lJ � �� — Vr�� k�.�' (7) Number of years experience as a Contractor �j�a%�1►'� � ��/ �" �� ' . , . � (8) Number of years experience with municipal landscaping contracts �� (9) I.S.A. Certified Arborist Number►,+l� �3`/vr� Exp. Date 1� J�l /?�,�1/ (10) Number of ISA Certified Tree Workers with the organization � Contractor's PROPOSAL CONTINUED ON NEXT PAGE 15 Contractor's PROPOSAL (CONTINUED) (11) Local �ce Address: Ob� �� U� J�� o � �,�r.�� C.�A � a�� Phone: (12) Name: Phone r`��>> `�� $ '°f �a�• Emergency Contact Person �� N ��-�-�� . _� �.�,� -- �,�-,� -- 3��I (13) List the names and addresses of each subcontractor who wili perForm work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list a// subcontractors an a separate sheet.) ❑ See Subcontractor Li.st on Separate Sheet Subcontractor's Name: �� " � 1�'!1 !)� J F f� � � � �-.s�" License Number: ��C: �� t�� Address: m� ��' �is � ��`"� �v 11£.R �"`�,��i �v►�� C�<l' l�L� S Telephone: l�� _ � � �^ �.a l�i � Work to be performed: �.>F'��4 �71 N� (14) List the name of the person who inspected the site of the proposed work for your firm �Q�� i+N'� � (15) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financia{ condition may be required by OWNER. (16) This bid was prepared by: (17) Contact person: Name (print) Signature Telephone Name (print) Telephone r�;a ¢ c�t � f 1�,( : � A1 � - �,"1 � �- �3 �:� �.. cA., �� F� ( n� ; 7 ��.�� `i�; — f,��,a. iL: ATTACHMENT 1: EXTRA WORK PRICING SCHEDULE LANDSCAPE MAINTENANCE AREA 1 LABOR Additional Laborer $ �.S�S� per hour Additional Irrigator $ 3 r � d'� per hour Additional Supervisor $ 4S.c� per hour IRRIGATION PARTS will be paid at a 15% mark-up. PLANT MATERIAL REPLACEMENT Note: Unless otherwise described, replacement plant material will be whatever is normal and customary for the City of Palm Desert. 1-Gallon Shrub Installed $ � � dC7 5-Gallon Shrub Installed $ $ $ $ �`'6 . n � � ,; e Ol� l � ..� Ck� o�S p . G� 15-Gallon Shrub Installed 15-Gallon Tree Installed* 24"-Box Tree Installed* 30"-Box Tree Installed* 36"-Box Tree Installed* � 5� s C� 4 $ �d�� Note: Anything over 36" box size will be paid at the contractual hourly rate plus materials with a 15% mark-up. *To include the following: digging of hole, setting of tree, backfilling, watering in of tree, staking (if needed), and securing with cinch ties TURF MAINTENANCE Hybrid Bermuda (sod only), installed $ `ar�U persqft Overseeding (seed application only): Labor & Equipment $, i�"� per 1,000 sq ft Mowing: Labor & Equipment $. C� 3 per 1,000 sq ft At City's discretion, additional work may be paid for using hourly labor rate and materials plus 15% mark up on materials. 39 `"ry� � ._..' r"'y i� ,_, ... ,` a a.. �.: DATE: 4-23-09 BID BOND REQUEST FAX TO: (303) 225-8034 CONTRACTOR: Teserra CONTACT: James D. Harebottle DATE & TIME OF LETTING: April 28, 2009 (a� 2:00 PM Sur�e>Ca�:�� in;s�.��ar?:--; ...�;ivir�;:, �}6CtJ ..�,�. Uister r"t. 4«;,c� 24C; C?E;l1VE'f; ��1 �;(��?3% ;303) <}2:i-c�030 F�hor;i; riVi _.. (30S) ?_25_r0u�� cax •-_-- NAME & ADDRESS OF OBLIGEE (To Whom Bid bond will be Payable to): Citv of Palm Desert 73510 Fred Warinq Dr. Palm Desert, CA 92260 IFB/PROJECT NO.: 901-09 NAME AND LOCATION OF PROJECT: Landscape Maintenance Area No. 1 Palm Desert, CA 92260 AMOUNT OF BID BOND (%): 10 " NUMBER OF COPIES: 1 PROJECT ESTIMATE: $ 125,000.00 . NAME & TELEPHONE NUMBER OF ARCHITECT/ENGINEER: Mark Greenwood. P.E. (760)346-0611 TIME FOR COMPLETION: 365 daVs RETAINAGE %: 10 LIQUIDATED DAMAGES: $ NA MAINTENANCE {WARRANTY) PERIOD: NA PERFORMANCE/PAYMENT BOND(S) REQUIRED?: yes Alqng with xhis reguest, please fax the lnvitation to Bid, the Proposal/Bid Form and the lnstructions to Bidders. Kindly provide the Insurance requirements on this job (Fax the appropriate pages of specifications from both the General Conditions and the Special Conditions.) * IF A SPECIAL BlD BOND FORM IS REQUIRED - PLEASE PROVIDE A COPY � � '4.�MM �� narwwirmoc�noua � moc � � PiI�iOY'fy�yS+S'�i.�QNl:k :v�ufe�W8ui1M» �qa}S..%.�j � lNtiGR�� Ii�SYI41U�4� wcsx,.xam�k ma. ��.-..� -�.psl� A.C7��3 AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBNIITTED WITH BID LANDSCAPE MAINTENANCE AREA NO.1 PROJECT NO. 901-09 CONTRACT NO. C28670 STATE OF CALIFORNIA) ) SS COUNTY OF RiVERSIDE) �{-�i�7f� . being first duly sworn, deposes and says that he/she is of Teserra � , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and neither collusive nor sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof t collusive or sham bid. Vf �--� r�/Z.-� �^ By: `� � � Signature (Contra ) Title (Contractor) Jurat Certificate State of California County of �lif�l`S1� ��LIND�A ROCHA Commission # 1777932 Z -s Nofory Publlc - Caiifornia = Z Rlversid� County ' � WyCornm.ExpinesNov23.2D11 t h � Subscribed and sworn to (or affirmed) before me on this �� day of �('i � (month), �iX��l (year), by � ir� i-�1.r'�.'� , proved to me on the basis of 'sfactory ' nce to be the son(s) who appeared before me. Signature of Notary w �% .��EiYCl� (Seal of NotarY) Confractor's PROPOSAL FOLLOWS 10 BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Teserra as principal, and Developers Surety & Indemnity Company ,as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ Ten Percent�` (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 describeci as follows: LANDSCAPE MAINTENANCE AREA 1: The general items of work to be done hereunder consist of, but are not limited to: landscape, irrigation, hardscape, and hardscape maintenance and dated April 28, 2009 is accepted by the City of Palm Desert, and if the above bounden principal Teserra 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 City 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. (Remainder of this page has intentionally been left b/ank. Signature blocks are contained on the next pageJ ��(10�) of the Total Amount of the Bid 20 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 27th day of April 20 09 . Contractors Name: Teserra Contractor's Signature: �� . Title: �i t�-�- �� ----L�� Address: PO Box 1280, Coachella CA 92236 Telephone: (760)398-9222 5urety's Name: Developers Surety &'�ndemnity Company S�rety's Signature: ►' ►" � � l.Q'� 'ane M. Nielsen) Title: Attorney In Fact Address: 77564 Country Club Drive, Ste B401, Palm Desert, CA 92211 Telephone: (760)360-4700 21 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE oN 2� a PERSONALLY APPEARED: , BEFORE ME, LINDA ROCHA, Notary Public Diane M. Nielsen 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 & 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNES5 my hand and official seal. LINDA ROCHA Commlasion � 1777982 � •� Nofory Pub11C • Calitornia � Z� ` � Riveralde County Signatur : �� ;'r'_� � 1�'if'C°mr'•6�r�esPio"23.2att E L�inda Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGRIIENT t��:.yc:•v:o�_s_S•.�c'Y�:Y•�'f,.�.;�T, -�r -,. -. 'nvn.��.�..i�'.ti��i.�...ri4anaWuSa�;.��-i.�Y.ri`.�wc.�w�i.�wi:a.a��w��i��w�..c-tvd�t� State of California County of Riverside On '"� ��^�9 before me, Linda Rocha. Notary Public Date Here Insert Name and Tdle oT the Officer r personally appeared %2�'i ! �t � vName(s) of Signer(s) �a LINDA ROCHA Commission # 1777932 _ ..d Notary Publlc - Callfornia � = Rlverslde County � � MyComm.6q�IresNoro23,2011 t N� ,� 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 y h and official Signat e ( /�{'j�� - Place Notary Seal Above Sig'na re Nofary Public OPTIONAL Though the informafion below is nof required by law, it may prove valuab/e to persons re/ying on the document and could prevent fraudulenf remova/ and reatfachmenf of fhis form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual ❑ Corporate Officer — Title(s): ❑ Partner — � Limited ❑ General ❑ Attorney in Fact � • � �� -� Top of thumb here � Trustee ❑ Guardian or Conservator � Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner — O Limited ❑ General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -� -. ��: , Top of thumb here � 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Ree 1-B00-876-6627 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITYCOMPANY INDEMNITY COMPANY OF CAUFORNIA PO Box 19725, IRVINE, CA 92623 (9A9) 263-3300 KNOW RLL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNIN COMPANY OF CALIfORNIA, do each, hereby make, cons6tute and appoint ***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly or severally*** as their hue and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporatlons, as, sureties, bonds, undertakings and contracts of surety- ship giving and granGng unto said Attomey(s)-in-Fad h�ll power and authority to do and lo pedwm every act necessary, requisfte or proper to be done in connection therewith as each of said corporations could do, but rese�ving to each ot said corporations full power of substitution and revoca6on, and an of the acts of said Atlomey(s)-in-Fact, pursuant to these presenfs, are hereby ratified and confirmed. This Power of Attomey is granted and fs signed by facsimlle under and by aulhority of tl�e foilowing resoluti�ns adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as otJanuary 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Uce President of the corporation be, and that each oi them hereby is, authorized to execute Powers of Attomey, qualiiying the attomey(s) named in the Powers of Attomey to execute, on behalf of ihe corporations, bonds, undeRakings and contracts of suretyship; and that the SecreWry or any Assistant Seuetary of the corporations be, and each of them hereby is, authorized to atlest fhe execution of any such Power of Aflorney; RESOIVED, FURTHER, that the signatures of such officers may be affaed to any such Power of Attomey or to arry certificate relating thereto by facsimile, and any such Power oi Attomey or certificate bearing such facsimtle signatures shatl be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract oi suretyship to which it is attached. . IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused fhese presents to be signed by their respective Vice President and attested by their respective AssisWnt Secretary Nis January 1 st, 2U06. i��11NnNHM1 ey: � �- ��•��yNAND iyok o�,PANy� Stephen T. Pate, Senfa Yce President '.��,�"' vOR "' '`° f�'•- V PO � ;-`'r�opiti q�,�`�¢�_ �� C'�P R,q)' C� t�` 9f /�� I i w 4 �T �� g 2 OCT. 5� m l �iC��+O Q By:_ Charles L. Day, Assistant Secretary ��j��,� 19 3 6 D� �� .P � / +�"%�a>� w� * a ��=� �� 'qCIFOF��`\ a State of Califomia �..,,��, ,� County of Orange On Januan 1 st. 2008 before me, Christopher J. Roach, Nctary Public Date personally appeared F -� y . -rr,� � "��= `�e _�. �' �'y'�'./ � �„ .:�' �+` :t Place Notary Seal Above Here Insert Name and Title oi the Officer Stephen T. Pate and Chades L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within insWment and acknowledged to me that helshelthey executed the same in hislhedtheir authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), a the entity upon behalf of whic� the person(s) acted, executed the instrument. I certi(y under PENALTY OF PERJURY under the laws of the State of Cal'rfomia ihat the foregoing paragraph is true and corcect. WITNESS my hand and offi 'al seai. . Signalure �� ,,,.�--��%'�� Chri�� J. Roach CERTIFICATE The undersigned, as Assistant Seaetary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked, and furthermore, that the provisions oT the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City M Irvine, Califomia, the�7�day of �Yi� ,�j�j . By: Albert Hillebrand, Assistant ecretary 10.1360(V+/et)(Rev.07/D7) AFI?/29�2009/VJED 01: �9 P�� Sierra L�n�.sca��e Cc�. FAX No, ?C�Q 32$ 8944 F'. OOF�:�OOP � � � �� l��.��'�� Wednesday, Apri12�, 2009 Mark Gre�nwood Directvr of publiC Works City of Palm Desert 73-5 I U k'red Waring Drive Palm T�setC, CA. 92260 Project: �,andscape Maintenance Area 1 w FrQject Na. 9Q 1-09 — Contract �To, G28670 1�: Bid Protest bear Mr. Greenwooci, Sisrra Lsndsc2p�s Co. is herehy protesting tl�e �id submi'CCed by tl�e $pparent loW bidder, Teserrq based on the fallor�ving: Accarc�ing to the Cflntract bocuments, l'sge 8, Qusli�i.os�ions af �idders: "1Vn aivard' wi�l be made lo rrny bidr�er wlko cannot give sattsfnctory assurance tn Clty as to its own ability to earry out the contraet, both from its frnaneial standing and by re�sore of its previous e.�perience as a contractar on wark of the nature eontem,plated in the contraet, The b�'[lder Ytuty be reqreirelL to sr�bmit its recard pf Wdrk af Si�Ril[rr �Qtr�re t0 tleat prpposed ander tltese specifications� and unfamiliarity iuitl'e ihe type of work may be su,��"'tcienr cause for reJecttan of btd " The appareat low bidder, 7'eserra, hes no experience with 1'ublic �arks Maintenance Contracts and hss never perforxned a k'ublic Works �vlaintenance F�rojec� Sierra Landscape Co. takes the position that the apparent law bidder, Tesewra, is therefore not yual�ed to pezfozm the r�ork required of this cantract due to theu lacic of experience and unfamiliarity with this type of vvork. Flease contact vuz- coxporata ofi�ce �#'there are any questions or cancerns regarding this matter. CordialYy Cronzalez ent CC: Teserra 73-7i1 Dinah Shore Drive, Suite 200 • Palm besert, CA 9��11 • 760-328-89�Q OffiCe • 7b0-328-8944 Fax www.sierralandscape.com • Lic. No. 492834 Contract No. C28670 AGREEMENT This AGREEMENT is made and entered into this 21 st day of May 2009, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "AgenY' and Teserra Outdoors, hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 4, 2009, 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: TERM. The term of this Agreement shall be from July 1, 2009, through June 30, 2010, or to such later date as may be agreed in writing between parties. 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- Four Thousand Three Hundred Twenty ($64,320) as set forth in the Contract Documents and adopted by the City. 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. 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. 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. Contract No. C28670 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; Instructions to Bidders, General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos. 0; 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. 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. 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. 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. Contract No. C28670 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 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. 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 TESERRA OUTDOORS Contractor ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY DEEP CANYON RDSAN PASCUAL AVESAN GORGONIO WAY ALESSANDRO DRPORTOLA AVESAN LUISREY AVEMAGNESIA FALLS DR MERLE DR 42ND AVE GRAPEVI NE ST PI TAHAYA STTOWN CENTERSHADOW MOUNTAIN D RPAINTERS PATHECLECTICSTMONTEREY AVEE L PASEOEDGEHI L L DRCORPORATEWAYMESA VIEW DR PARK VIEW DR FAIRWAY D RSAN PABLO AVEDE ANZA WAY PORTOLA AVEEL PASEOPORTOLA AVEMONTEREY AVEFRED WARING DR PORT O L A AVEHAYSTACK RD FRED WARING DR EL PASEO BURSERA WAY V I ST A PASEOWAYH W Y 111 HWY 74Landscape Area 1 Le ge nd LMA 1 Palm Desert Parcels City BoundaryI1 inch = 2,000 feet PORTOLA AVEDATE PALM CTDESERT SAGE CTS I L V E R S P U R T R L Date: 3/26/2009 LOCATOR MAP Silver Spur Trail Open Space (LMA 1)PORTOLA AVEDATE PALM CTDESERT SAGE CTS I L V E R S P U R T R L I1 inch = 80 feet HAYSTACK RD