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Home My WebLink AboutC28710 - LMA No. 9 (909-09)Contract No. C28710 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Accept the Withdrawal of the Lowest Bid and Award Contract No. C28710 for Landscape Maintenance Area No. 9 to Teserra Outdoors of Coachella, California (909-09) 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 Kirkpatrick's Withdrawal Sierra's Bid Protest Agreement Vicinity Map By Minute Motion: 1. Accept the withdrawal of the lowest bid from Kirkpatrick Landscape Services; 2. Award Contract No. C28710 for Landscape Maintenance Area No. 9 to Teserra Outdoors of Coachella, California, in the amount of $118,728; 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. 9 Page 2 of 3 May 21, 2009 Discussion: On April 4, 2009, the City Clerk advertised and called fo Maintenance Area No. 9. Bids were opened and read aloud 2009, at 3:15 p.m. with the following results: Contractor 1 Teserra Outdoors 2 Mariposa Landscape, Inc. 3 Sierra Landscape Co., Inc. 4 Vintage Associates, Inc. 5 Mariposa Landscape, Inc. 6 Hort Tech, Inc. Location Coachella, CA Irwindale, CA Palm Desert, CA Bermuda Dunes, CA Irwindale, CA Bermuda Dunes, CA 7 Kirkpatrick Landscaping Indio, CA Contract No. C28710 r bids for Landscape on Tuesday, April 28, Price $118,728 $176,760 $200,772 $204,000 $215,700 $241,200 $87,000 (withdrawn) On April 29, 2009, the apparent low bidder, Kirkpatrick Landscaping Services of Indio, California, submitted a letter requesting to be allowed to withdraw their bid due to a "Gross Error in Labor Calculations." Staff believes that it is to the City's best interest to allow Kirkpatrick Landscaping to withdraw their bid. In addition, on that same day, staff received a written protest from Sierra Landscape regarding their belief that the next lowest bidder, 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's review of the documentation, it was concluded that Teserra Outdoors has met the bid requirements. Therefore, staff recommends that, by Minute Motion, City Council accept the withdrawal of the lowest bid from Kirkpatrick Landscaping, award Contract No. C28710 for Landscape Maintenance Area No. 9 to Teserra Outdoors of Coachella, California, in the amount of $118,728, include extra work and services at the specified contract amount, not to exceed $50,000, and authorize the Mayor to execute the agreement. Contract No. C28710 Staff Report - Award Landscape Maintenance Area No. 9 Page 3 of 3 May 21, 2009 Fiscal Impact: Teserra Outdoors' bid of $118,728 represents a 60.8% savings ($184,306) over last year's contract. Funds are available in Repair/Maintenance Medians Account No. 110-4614-453-3320. Prepared By: H. �pe� icer ��ght La sc.�pe M nager Appro al: omer Croy M for Deve ent Services C� J h � . Wohlmuth it Manager Depart ntMead: 1 ;/ � Mark Gree�wood, P.E. \ Director of Public Works . Paul S. Gibson Finance Director CTfY COUNCIL�ITON APPROVED � �L1i1L11� RECEIVED p�g MEET GDA •�- � /-�' � AYES: � �` 1Z NOES: ABSENi� ��n�P � ABSTAINs..� � VERIFIED BYs � 1 ,i1�1 Origina! on Fik wttb City 's Off�,�y �'.�,.�' �.t�# ��}; `'.;� ``j �:' . . . _ �:-. � � 1�= . , �� ► City of Palm Desert Contract Documents and Specifications for LANDSCAPE MAINTENANCE AREA 9 Project No. 909-09 Contract No. C28710 APPROVED BY .�` . . << . . ' �. , �,� `,E:•.,✓ ; ,,.4 _ �: . ` '_ � NfARK GR��Ni�V[)t�[�, P.E, DIREGTC�R O� �'UBLIC WORKS 7�-51�i FRED �i�YARING DRIV� PALM i?ESE�tT, CALIFt3RN1A 92260 April 2009 AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBNIITTED WITH BID LANDSCAPE Mr�IINTENANCE AREA NO. 9 PROJECT NO. 909-09 CONTRACT NO. C28710 5TATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) , being first duly sworn, deposes and says that he/she is of Teserra , the parly 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 effectuate a collusive or sham bid. �----, By: � � \I ) �/l �-� /� / Lc1-----� � Signature (CO�I'P�tACTOR) Title (CON`I'RACTOR) State of California County of ��v�� Jurat Certificate LINDA ROCHA , Commission # 1777932 Z ,-m Notary Public - Callfornia � Rlvers{de County � MyCatm.E�kesNov23,2011 t . +� T S scribed and sworn to (or affirmed) before me on this 'L� da f �t'"i � (month), �fab� (year), by � t"�Li �'{"Z , proved to me on the basi of isfactory ev' e to be the person(s) who appeared before me. Signature ofNotary U((i[� tX�1Q( (Seal ofNotary) CONTRACTOR'S PROPOSAL FOLLOWS 10 CONTRACTOR'S PROPOSAL SUBMISSION FORM LANDSCAPE MAINTENANCE SERVICES FOR CONTRACT C28710 LANDSCAPE MAINTENANCE AREA NO. 9 TO: CITY CLERK Cifiy of Palm Desert 73510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefuliy examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Invitation to Bid; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of 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. CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE 11 CONTRACTOR'S PROPOSAL (CONTINUED) BID LOCATIONS ITEM 1. 2. 3. 4. 5. 6. TOTAL SPECIFIC TERMS AND CONDITIONS LANDSCAPE MAINTENANCE AREA NO. 9 DESCRIPTION PRICE (MONTHLY) � ��b• Ov � �"��0�� l �Da, � � ��a� PRICE (ANNUALLY) $ 331��a, Go � g��0. Ck� ��I��o�U� , � � 1� �Ci, c� � ' �� - ��. � $�1�,7��,� Entrada del Paseo Complex Entrada del Paseo — CAM area Baja Park EI Paseo - Hwy 111 West to Hwy 111 East Civic Center and Park View Office Complex $ (this does not include Civic Center Park) �� o $ �60�00 ��1�f�C�O Santa Rosa and San Jacinto Mountains National Monument Visitor Center TOTALAMOUNT BASE BID IN FIGURES $ I I �S 1��OO � TOTAL AMOUNT BASE BID IN WORDS O�I� NU N�P�l1 �(� J'�`�,� � i� � �-��u��N� �GVs�/ I�v�,�� v�N�� i� �-T��-�lL�arzs , � NOTE: Bids received from contractors who did not attend the Mandatory Pre-Bid Meeting will be considered non-responsive. CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE 12(r.1) CONTRACTOR'S PROPOSAL (CONTINUED) The c�sts of an� w�ik s��v�►� � �r re�uirec� i� ii�e Specifi�atiar��, but noi specifiicaiiy identified as a Pay Item are included in the Pay ltems, and no additional compensation shail be due Contractor by virtue of Contractor's compliance with the Specifications. �-� ", � � � �_� - � U�C ��.� COMPANY -, ^ `��-l�� 1v�� >�-f ADDRESS � � c�,-c:�, �� `��--- G1 ��2— TELEPHONE �' ,� �, C �,,� l � fi�. � �� FAX � t� �� .� �. � (�f� t BID PR ARED B � ' F � SIGNATURE � 3� � -��5 f I�C'E ��-� s�� NT_ TITLE °��-��6 "7 DATE TECHNICAL ABILITY AND EXPERIENCE 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 �eflect 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 a11 work of a similar character that is inciuded in the 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 (CONTtNUED} _ _ "«£'�'%ea`\:,' _� � _ __3•':yy Y^CTF�;�Ii.":�'`T:-'h., r - - - _ � :,iy -:5� ' ' ' . _ ..�' - . _ _ _, " _ _ ;r�-` _ -_ _ ___- - __ - :Tr. - - x3. 4i�+,�i �„�''»�F�i�?-:�i,.��i:.:. _ � - - �4: x ... : .REFER�f��E��. :� � - :�.-�:: ` . . . .- . .;..., .. = :.,:.r.� . -. . ;_ • , .... � . � � �«� -�, �� ,� � ._ ...�. , ..: .. _ . . _ .: :-.:; . . _. _ �..... - '_' .. . ' ' _ `_ _ .-... _. ... . ,.,. ...Y�.r�. .._. ,�. � , Contrart Amoant � s '�i�,��-� Clas� af .Nork � �:\�� \�� le��-{ Completion Cate 1��V� C�ntact Fersan S�AF' ��► �� I+�IJ�� t� �-�i� Name � � j �N��.� �( 1��r Business Name Address � ��.r�j f!� .� �`� �� Phone —�-"- 2 $ ��J"'— ;��i�.��PC�� .l.�;�i �!`cF--h�1.lN�� Name ) -' � ��,�-±�� `�� ,(i�� U��{�G usinessName ��r� }`� �0�� (n�PT�U� (j'!✓��i�ddress �j � ) ��L/��'� 1 Pho�e , S �� ' �� 3 ��'��,a i � � � v �,1C�1`� ��y�t r w � �'�<j �� .�( � f�, [ -� 1„�CaC�� GV.EfJ�r�� \�I�`F__Name i �—. J ? � `�f , � f �l�i�,t7Q�Ja.1,� 8usiness IVame � 4 � ��J1aR�e U^`� Address �yyrQj��`��('j Phone Due to the {ocation, size/extent and maintenance requirements of the maintenance area, bidder is required to state how it wil{ provide the necessary maintenance and services in the specifications. State the estimated manpower your company wiN use each week to fulfil! the cor�t�act, including supervisian, irrigation and genera{ labor sub- categories. ( � 5 � �2�1 � � Z � ��-�� V r� � l —� vLL 7� ME �'�'� C,� !v(.�� ? �� K ��J W 1�LL N �� .��``n.,At�'� � � �-Q 2.�nJ�,2 � ,...� �--�b �� it/C�L ,�. + �Q � C� � `T� r, .�1 j F �" 1.11 � (,� �2 5 � �`�iJ " fici C� .F_ �"�'b4 � CN f L � %� l� v � �Re�� a r � �.� ��.,o �-✓1� „��Q , 1��1.�/ /��r�-- �� %/2ar N�,� � rJ �-��.�" �IA,✓�- 1�2�. �N ��v��l��.� �(Z� ��► Cl��'� . � � '��.- ��'s � �N ��dT��'.��"�� w�lL � ��p.�c_-/��lr�� COMTRACTOR'S PROPOSAL CONT/NUED ON NEXT PAGE 14 CONTRACTOR'S PROPOSAL (CONTINUED) CONTRACTOR'S PROPOSAL SUBMISSION FORM INFORMATION REQUIRED OF BIDDER NO B/D WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED /N FULL ALL APPUCABLE ITEMS MUST BE FIl.LED OUT The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Ad d ress � � � I �C� � '� � � �-( �-O�i C �.�. � �-� � � I � �. � � 2) Telephone No. �i�"' " � (�-'C� ��°�'�' i , (3) Type of Firm (lndividual, Partnership or Corporation) ��-��a� «``' (4) Corporation organized under the laws of the State of C� (5) Contractor's License No. ��O��g Exp. Date ,��i /�% ! Contractor hereby swears under penalty of perjury that the information provided is true and rrect. � gy. .�q..,,( Tit{e: t�'t � C= ��lZ--� � e.. __ z; Signature ��; Contractor r (6) List the names and addresses of al{ Owners of the firm or names and titles of a{I officers of the corporation: � J�r+'.�5. �< N AcL� �v°�i-�? e, �� . C� �2�t1 l� �1�., � i� —" Vf r�....��.oS, ��v � ��5 �-G � �e�-�� ra,Nfi� `"i/�� .S (7) Number of years experience as a Contractor 11 (8) Number of years experience with municipal landscaping contracts �-- (9) I.S.A. Certified Arborist Number i.�� f%� � Exp. Date '1` > r 1'j1v�v , (10) Number of ISA Certified Tree Workers with the organization � CONTRACTOR'S PROPOSAL CONT/NUED ON NEXT PAGE 15 CONTRACTOR'S PROPOSAL (CONTINUED) (11) Local O�ce Address: 6�' � �C� � �C NU� � � �c9 .�' � 1�,e. LZ��% �� -'�? Phone: (`�f� ) �� `�, �-� �v��- (12) Emergency Contact Person Name: L1� N� � L)�� T� � �( Phone��,i��— �'��-T (13) List the names and addresses of each subcontractor who will pe�-iorm work related to this contrac} and indicate what portion of the ::�C:k wiii be done by each subcontractor. (I# more than one subcontracior, piease check the box below and list all subcor,iractors on a separate sheet.) ❑ Se� Subcontractor List on Separate Sheet Subcontractor's Name: <..� �, r'"! � � �e�.� �"� � v License Number: �A �-�•� � 5 �� c' S�`� 1� I Address: ��" �� 1�iE�.�� L �F.�w�v�r. �`,N�s ��JC � �-�s Telephone: 'i(csJ- �1 I�`��`� � Work to be perFormed: '�-��Gti�S-�,► �-� (14) List the name of the person who inspected the site of the proposed work for your firm ��e�� IN i �- (15) A financial statement or ather information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by Owner. (16) This bid was prepared by: (17) Contact person: Name (print) Signature Telephone Name (print) Telephone E6 ,� `� � h � � '� G,c� � � i�S" �a�-'' � � <� ►� «� � {�c'1'-` �'i� — �",�-�-- 16 ATTACHMENT 1: EXTRA WORK PRICING SCHEDULE LANDSCAPE MAINTENANCE AREA 9 LABOR Additional Laborer $ �,� , �; � per hour Additional trrigator $ ��'.�) per hour Additional Supervisor $ c/57�� 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 Deseri: 1-Gallon Shrub Installed 5-Gallon Shrub Installed 15-Gallon Shrub Installed 15-Gallon Tree Installed* 24"-Box Tree Installed* 30n-Box Tree Installed* 36"-Box Tree Installed* $ � , O(� � �g,d� � � �� $ l.�S, �O $ �- � v . UC.i � �SC1, C�� $ �� 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 Overseeding (seed application only): Labor & Equipment Mowing: Labor & �quipment $ �� per sq ft $ � �� per 1,000 sq ft $� G�' 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. 41 A .,,. `+r.'".' _ .. ._. _. .'��. ;' �" DATE: 4-23-09 BID BOND REQUEST FAX TO: (303) 225-8034 CONTRACTOR: Teserra COiJT%�� i: James D. Narebottie DATE & TIME OF LETTING: April 28, 2009 (a� 3:15 PM JUCfSfJ�:�?Cr ��i'>Elfr'i;i...., ....,,�t'I�'Ci.. dP�J�T,�i �. i,�i.5-::(' :'i�, ii;�fi,t;� .(Afl U€tri'v�°', C:C�� f`��1>7 {�t.�;ij Z�s>-vi ��) �:'iiGt��;� � , H,:: .,r3.3 � i .,,. (3t��) ` .,-F� NAME & ADDRESS OF OBLIGEE (To Whom Bid bond will be Payable to): Citv of Palm Desert 73510 Fred Warinq Dr. Palm Desert, CA 92260 IFBlPROJECT NO.: 909-09 NAME AND LOCATION OF PROJECT: Landscape Maintenance Area 9 Palm Desert, CA 92260 AMOUNT OF BID BOND (%): 10 * NUMBER OF COPIES: 1 PROJECT ESTIMATE: $ 150,000.00 . NAME & TELEPHONE NUMBER OF ARCHITECT/ENGINEER: Mark Greenwood. P.E. (760)346-0611 TIME FOR COMPLETION: 365 days RETAINAGE %: 10 LIQUIDATED DAMAGES: $ NA MAINTENANCE (WARRANTY) PERIOD: NA PERFORMANCE/PAYMENT BOND(S) REQUIRED?: ves Along with this request, please fax the Invitation to Bid. the Proposal/Bid Form and the Instructions to Bidders. Kindly provide the Insurance requirements on this job (Fax the appropriate pages of specifications from both the General Conditions and the Specia/ Conditions.) * lF A SPECIAL BID BOND FORM IS REQUIRED - PLEASE PROVIDE A COPY i �� M p � � " w�u�xuiwua `�� 1�N5[�I�ENAl. x«,�ao�w swwan 1::f r} 1W :.�-'�'��%" _"�i?�•i� AC�EliT$ wc.nn.ma�wvW. r.'.i BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Teserra as principal, and Develoners Suretv & 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, jc�intly anc3 s�veraliy, firm(y by these presenis. THE COND{TION O� THIS OBL{GATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as fol{ows: LANDSCAPE MAINTENANCE AREA 9: 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 a11 costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. jRemainder of this page has intentionally been left blank. Signature blocks are contained on the next page] �(10�)of the Total Amount oi the Bid � IN WITNESS WHEREOF, We heOr9unto set our Hands and Seals this 2�th day of April 20 , Contractors Name' Teserra U Contractor's Signature: � �� Title: �'l � L� �� "�� % Address: PO Box 1280, Coachella CA 92236 Telephone: (760)398-9222 w Surety's Name: Developers Suretv & Indemnitv ComQanv Surety's Signature:�� / �lliane M. Nielsen) Title: Attornev Tn Fact Address: ��564 Countrry Club Drive, Ste B401 Telephone: (760)360-4700 21 STATE OF CALIFORNIA } COUNTY OF RNERSIDE 1 � _��l ' 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. WITNESS my hand and official seal. LINDA ROCHA�'"� Commlaalon # 177�932 � r Notary Pubttc - Californio = � ,, � � � Riverslde Counfy � Signature ��[� � � �Mcomn.�Nov23,zoit � I.�da Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT CALIF06�I�ilA ALL-PIDRPOSE ACKI�IOWLEDGRAENT S�.1w1n.1�Yc.\Ka1.wldl.vk'�.iw7Pti`Ho.�,`Hd.\`yo.�`.ki.t�->,\�k>.bcfb'.1,�al.�kl.�ri.\�\+.fi1�K�.\�.f1�.6,`�1ki.��k�.�va\�Yti�.L1Ywo.'�.�..Y��w:.�w: �vYi.�wG.lw.i i'.� �'..v.iv✓rri.�� ::.t.f�;v�.G,��v.S:.wC-�^ State of California County of Riverside On "7 � a% � ��7 Date personally appeared �LINDA ROCHA Commisslon # 17T7932 < „m � Notary Publtc - California � _ ' R�verside County � �,C��.�Ncr�23,2011 � before me, Linda �r�� in�z � Place Notary Seal P.bove Rocha. Notary Public Here InseA Name and idle of the Officer Name(s) of Signer(s) 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 hisfier/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entiry 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. WITNES -my d and offici seal. Signa re � �� Signa of Notary Public oPreon► Though the informafion below is not required by law, it may prove valuab/e to persons re/ying on fhe document and could prevent fraudulenf removal and reattachmeni of ihis form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer(s) Signer's Name: O Individual ❑ Corporate Officer — Title(s): O Partner — 0 Limited ❑ General ❑ Attorney in Fact � • . � �� -� Top of thumb here ❑ Trustee ❑ Guardian or Conservator � Other: Signer Is Representing: Number of Pages: Signer's Name: O Individual O Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: - e � ' � ,i,ly1� �� Top of thumb hera �;c:�:,.`.,,-�` �;�;c� - � 2007 National Notary Assodation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: CaII Toll-Free 1-800-676-G827 P�WER �F ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-33�0 KNOW RLl MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY 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 true and lawfui Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behaK of said corpora6ons, as, sureties, bonds, undertakings and contracts of surely ship giving and gran6ng unto said Attomey(s)-in-Fact full power and authority to do and to perform every aci necessary, requisite or proper to be done in connection iherewitli as each of said corporations could do, but reserving to each of said corpora6ons full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Altomey is granted and is signed by facsimile under and by authoriry oi ihe following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY Of CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman oi the Board, ihe President and any Vice President of the corporetion be, and that each M ihem hereby is, authorized to execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attomey to execute, on behalf of ihe corporations, bonds, undertakings and contracts of suretyship; and fhat tt�e Secretary or any Assistant Secretary of the corporafions be, and each of them hereby is, authorized to attest the execution of any such Power o( Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Aflomey or to any certificate relating thereto by facsimile, and any such Power ot Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. � IN WITNESS VJHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIF�RNIA have severelly caused these presents to be signed by their respective Vice President and attested by their respective Assistant 5ecretary this January 1st, 2U08. � ��„w.w...a. By:�� .r•,SV AND ��,`'�, _�eP%� NY`�. Stephen T. Pate, Senior Vice President By:�f�t�X.�+CI Charies L. Day, Assistant Secretary / State of Califomia County of Orange On January 1st, 2008 Date personally appeared before me, G �Q oR,� �° ��; �T, z < _ ey i936 Fa Christopher J. Roach, Notary Public Here Insert Name and Title oi the Officer Stephen T. Pate and Charles 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 insWmenl and acknowiedged to me that helshelthey executed the same in hislhedthefr authorized �� capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the en6ty upon behall of �� i�� which the person(s) acted, executed the instrument. � � �� I certify under PENALTY OF PERJURY under the laws of the State of Calffomia ihat the foregoing paragraph is �� '.�4 � true and corcect. " WITNESS my hand and offi 'al seal. . � Place Notary Seal Above Signature �� —.�--i%'��'� Chri�frJ. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNIN COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in futl force and has not been revoked, and furthermore, that the prwisions of the resolutions of the respeclive Boards of Diredors 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 of Irvine, Califomia, the��ay of ��f , 2e�r �. By: � AIbeR Hiilebrand, Assistant �cretary ID-1380(Wet)(Rev.07107) City of Palm Desert ADDENDUM NO. 1 for LANDSCAPE MAINTENANCE AREA 9 Project No. 909-09 Contract No. C28710 Issued April 16, 2009 IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL � f� �PP�OVED BY ,,f -.. � � �� .� � =��Y�� .' :��`r��:�f-� n�ra�zK �aE�r��+r+rc�a, �.�. DlRECTC?R QF PUBi.iC WCIRKS 73-510 FRED VVARING E}RlVE AALM QES�RT} CALlF{3RNIA �22#�0 � (' � ^ ' t., , � � `�' t� � �-' � � � � \ ) _,l��U r'--� �. � �� Iv�r,�� !��` � — I . � Kirkpatrick LANDSCAPING SERVICES, INC, Full Sen��ce Landscape Ma�ntenance ._ F.,., p'- � ti �� j:" ('1 , ,��_ _�1... . _., !J ��a� �� 3 � �a �- � � - ' i ' _ f .' {. ; ' �j' �yi`� tii')Lle.� �fAr�'�{ii�F�,l i..�;�i"�t:�l.i�l��l:.e<� April 29, 2009 Spencer Knight City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Mr. Knight: Re: Contract No. C28710 - Landscape Maintenance Area 9- Project No. 909-09 Due to a gross error in labor calculations, our bid for Landscape Maintenance Area 9 is extremely inadequate. We regret this situation and respectfully request that the City not consider our proposal when awarding this contract. Very truly S sJK:�h kpatrick 43-752 N. Jackson ■ Indio, CA 92201 ■ Tel (760) 347-6926 /(760) 346-6996 ■ Fax (760) 347-4846 AFR/2`�/2009/WED Ol ; 59 Pb� 5ierra Landscape Gca. F�t� Pdo, 760 �28 $9�4 P, 00?,�OQ8 � �� L�1ND�GA�� "W�ednesday, April 29, 2009 Mark Grsenwood Y7irector of public Works City of Falm Desert 73-510 Fred W'aring T7rive Palm Desert, CA. 92260 Projeat: �,andscape Maintenance Area 9—�'rojeet N�o. 909�09 — Contract No. C28710 RE: Bid Frqtest Dear Mr. Gre�nwood, Sierra �,andscape Co. is hereby protestin� the bid submitted by the apparent low bidder, Teserra, based an the follawing: 1. According to the Cantract Documents, Page 8, Qual�cations of Bidders: ",Np award ivrll be �rmde to any bir�d�r wha can�ot ,give s�rtisfaetory assurRnce to City �s to �es oiun abtGlty ro earry aut the car�trrret, both from its frnancial stand'ing and by �e4Son pf �ts �rer��'or�.s experYerace as a contractor ora work of tJre nrrtrcre cprater�rplated ir� flie cpntrrtCt. 1"he bidder may be required to subn�lt hs recowd' of work of sdmltaw rrature ta that pwopos�d under tlae.se spec fcat�'Qns, rrr�d unfrrrnili�trity with tlee type of work may be sirffieie�et cause for rejection of bi�i " The apparent low bidder, TesQrra, has no experience with Public Works ivlaintenance Contracts and has never perfarmsd a Ptx�rlic Works 1Vlait�tensnoe Project. Sierra Landscapt Co. takes Yhe posiYion Yhat tht appar�nE low bidder, Teserra, is therefqre not qualified to perfonn the work required of this contract due to their lack of experience and unfamiliarity with this type oi work. please contact aur corporate office if there are any questions or concerns regarding this rnatter. Cordi , e C�onzalez ident CC: 7'eserra 73-771 Dinah 5hare Driv�, 5uit� 200 • Palm Qesert, CA 92211 • 760-328-8900 Qffice • 760-3Z8-8944 �ax www.sierralandscape.com • Lic. Na. 492834 Contract No. C28710 AGREEMENT This AGREEMENT is made and entered into this 21St day of May' 2009, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" 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 One Hundred Eighteen Thousand Seven Hundred Twenty-Eight ($118,728) 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, emptoyees, 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. C28710 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. 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. 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. C28710 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 HOVLEY LN E COOK ST42ND AVE GRAPEVI NE ST PI TAHAYA STTOWN CENTERSHADOW MOUNTAIN D R ECLECTICSTMONTEREY AVEE L PASEOEDGEHI L L DRCOOK STCORPORATEWAYPARK VIEW DR FAIRWAY D RSAN PABLO AVEDE ANZA WAY HOVLEY LN W COOK STPORTOLA AVEEL PASEOPORTOLA AVEMONTEREY AVEFRED WARING DR PORT O L A AVEHAYSTACK RD COOK STFRED WARING DRMONTEREY AVEEL PASEO BURSERA WAY V I ST A PASEOWAYH W Y 111 HWY 74Landscape Area 9 Le ge nd LMA 9 Palm Desert Parcels City Boundary I 1 inch = 2,000 feet