HomeMy WebLinkAboutC28620 - LMA No. 4 (904-09)Contract No. C28620
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C28620 for Landscape Maintenance Area No.
4 to Sierra Landscape Company, Inc., of Palm Desert, California
(Project No. 904-09)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Sierra Landscape Company
73-771 Dinah Shore Drive, Ste. 200
Palm Desert, CA 92211
DATE:
CONTENTS
Recommendation:
May 21, 2009
Proposal
Agreement
Vicinity Maps
By Minute Motion:
1. Award Contract No. C28620 for Landscape Maintenance Area No. 4 to Sierra
Landscape Company, Inc., of Palm Desert, California in the amount of
$93,144;
2. Inciude extra work and services at the specified contract amount, not to
exceed $50,000; and
3. Authorize the Mayor to execute the contract.
Funds are available in the General Fund Account No
Repair/Maintenance Medians.
Discussion:
110-4614-453-3370,
On April 4, 2009, the City Clerk advertised and called for bids for Landscape
Maintenance Area No. 4. Bids were opened and read aloud on Tuesday, April 28,
2009, at 2:30 p.m. with the following results:
Staff Report
Award Landscape Maintenance Area No. 4
Page 2 of 2
May 21, 2009
Contractor
1
2
3
14
Sierra Landscape Company
Tessera Outdoors
Marina Landscape Company
Vintage Associates, Inc.
5 Kirkpatrick Landscaping
6 Hort Tech, Inc.
7 Mariposa Landscape, Inc.
8 Midori Gardens
Location
Palm Desert, CA
Coachella, CA
Palm Desert, CA
Bermuda Dunes, CA
Indio, CA
Bermuda Dunes, CA
Irwindale, CA
Santa Ana, CA
Contract No. C28620
Price
$93,144
$102, 984
$104,124
$104,400
$112,200
$114,000
$119,544
$178,152
Staff reviewed the bid proposal for the lowest bidder, Sierra Landscape Company, Inc.,
and determined that all bid requirements have been met. Sierra Landscape Co., Inc., is
currently the landscape maintenance vendor for the City's Landscape Maintenance
Area 7 and is successfully executing the terms of the contract.
Therefore, staff recommends that, by Minute Motion, City Council award Contract No.
C28620 for Landscape Maintenance Area No. 4 to Sierra Landscape Company, Inc., of
Palm Desert, California, in the amount of $93,144, include extra work and services at
the specified contract amount, not to exceed $50,000, and authorize the Mayor to
execute the agreement.
Fiscal Impact: Sierra Landscape's bid amount of $93,144 represents a 10.3% increase
over the cost of the current contract. It is staff's opinion that the current contract was
significantly underbid by the contractor, as demonstrated by their marginal perFormance.
Funds are available in account 110-4614-453-3370. �
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Pr�pared B :
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Mark Gre :nwood, P.E.
Director of Public Works
Paul Gibson
Finance Director
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AFFIDAVIT OF NQN-COLLUSION
TO BE EXECUTED BY BIDDER AND SUSMITTED WITIi BID
LANDSCAPE MAINTENANCE AREA NO. 4
PR03ECT NO. 904-09
CONTRACT NO. C28620
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
George L. Gonzalez - President , being first duly swarn, deposes and says tha�she is
of Sierra Landscape ��e p�y making the foregoing bid; that the bid is not made in
the interest of, or on behalf of, any undisclosed persan, partnership, company, association,
organiza.tion, 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 awarrling the contract of anyone interested in the propased contract; that all
statements contained in the bid aze true; and, further, that the bidder has not, directty or
indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereta, or paid, and will not pay, any fee ta any
corporation, partnership, company, association, organization, bid depasitory, or fo any member
or agent thereof to effectuate a collusive or sham bid.
i
President
By:
ignature (CONTRACTOR) Title (C�NTRACTOR)
Jurat Certif cate
State of California
County of )
Subscribed and sworn to (or affumed} bef e on this ZBth day of
APa� (month), 2009 �ye��� by �
proved to me on the basi satisfactory evidence to be the person(s) who appeared before me.
Signature otary S� Q� ""`�^'�"" (Sea.l of NoiarY)
CONTRACTOR'S PROP�SAL F4LLOWS
10
CALIFORNIA JURAT WITH AFFIANT STATEMENT
C_'J See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
/ Signature of Document Signer No. 7
/
State of California '
County of �� U�'�� �/
Subscribed and sworn to (or affirmed) before me on this
�� day of �YI' , 20 � , bY
Date Month Y�
c, � C.��ea�r� L. C� cs-r� �a, l�Z ,
Name oi Signer
Signature of Document Signer No. 2(if any)
proved to me on the basis of satisfactory evi ence
to be the person who appeared before me (.)
��ERt� M L N��1/ER
Cona�stioa � 1M3�50
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M�r Comin. Expka ll�r 9. 2018 �
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(and
Place Notary Seal Above
Name of Signer
proved to me on th as�s of satisfactory evidence
to be the p rso o ap ed before me.)
Signature
Sig tur of Notary Pubtic
OPT/ONAL
Though the information below is not required by law, it may prove
valuable to persons relying on the document and cou/d prevent
fraudulent remova/ and reattachment of this form to another document.
Further Description of Any Attached Document ,
Title or Type of Document:► �I I_►_(/1 WU�� � 1"�1�+��� ���
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Document Date: �� ` "O i ��v- t Number of Pages: _�_
Signer(s) Other Than Named Above:
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CONTRACTOR'S PROPOSAL SUBMISSION FORM
LANDSCAPE MAINTENANCE SERVICES FC1R CONTRACT C28620
LANDSCAPE MAINTENANCE AREA NO. 4
TO: CITY CLERK
City of Palm Desert
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned deciares tha�rf she has carefully examined the Bid Terms and
Conditions, the Genera! Terms d Conditions, and the Specific Terms and Conditions
accompanying the lnvitation 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 herean includes ali 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 casts shall be extended for the term af the contract.
CONFRACTOR'S PROPOSAL CONTINUED DN NEXT PAGE
1�
CONTRACTOR'S PROPOSAL (CONTINUED)
SPECIFIC TERMS AND CONDfT[ONS
LANDSCAPE MAINTENANCE AREA NO. 4
B1D LOCATIONS
fTEM
1.
2.
3.
4.
6.
6.
7.
8.
9.
10.
TQTAL
DESCRIPTION
Monterey Avenue medians and pianters
Country Club Dri�e medians and parkway
Cook Street medians
Frank Sinatra Drive medians
Dinah Shore Drive medians
Gerald Ford Drive medians and planter
Washington Street and 1-90 off/on ramps
Monterey and I-1Q off/on Ramps
Poriola Avenue medians
University Park Center medians and
roundabouts
PRICE
(M�NTHLYI
� sso.00
� 1680.00
$ szo.00
� 960.00
� zs2.00
� 480.00
� i izz.00
� s2s.00
� 520.00
� szo.00
� 7762.00
PRICE
(12 MONTHS)
� ios6o.00
� 20160.00
� 6240.00
� iis2o.00
� 3024.00
$ 5760.00
� 13464.00
� 9936.00
� 6240.00
$ 6240.00
� 93144.00
TOTAL AMOUNT BASE BID iN FIGURES $ 93,144.00
TOTAL AMOU NT BASE BI D I N WORDS Ninety - Three Thousand, One Hundred and Forty - Four pollars
NO7E: Bids received from contractors who did nof attend the Mandafary Pre-Bid
Meeting will be considered non-responsive.
CONTRACTUR'S PROPOSAL CONFlNUED ON NEXT PAGE
12
COfVTRACTOR'S PROPOSAL (CUNTINUED)
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.
Sierra Landscape Company
COMPANY
73-771 Dinah Shore Drive, Suite 20Q Palm Desert, CA. 92211
ADDRESS
� 760 � 328-8900
TELEPHONE
George Gonzalez
BID PREPARED BY
SIGNA
� 760 � 328-8944
FAX
President
TITLE
04/28/09
DATE
TECHNICAL ABILITY AND EXPERtENCE
The bidder musf verify acceptable experience of diversified landscape maintenance
(including desert and desert-adapted plant material}, which will enable City to judge the
responsibility, experience, skifl, and business�nancial standing of the bidder.
Due to ihe location, difficult environmental conditions, desert p{ant material, and
naturalistic pruning methods associated with this maintenance area, the City Cauncil of
the City of Palm Desert reserves the right to reject bids from firms that do not reffect
adequate experience and quafifications to conduct the necessary work.
Additianal numbered pages outiining infarmation required by this portion of the proposal
shall be a�tached as necessary.
The bidder is required to state afl work of a simllar character that is included in the
proposec! contract that he has performed in the last three years. In the space below,
provide re#erences with a contact persan, address, and phone number for �erification of
said work.
CONTRACTOR'S PROPOSAL CONTlNUED ON NEXF PAGE
13
CONTRACTOR'S PROPOSAL (CONTINUED)
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Contract
Amount
1 $ zzs,000
Class of Work
Maintenance District
Comp{etion
Rate
Cantact Person
2 $ 540,000
3 $ 240,000
2009
RobeR Rivera
City of Coache(la
1515 Sixth Street
(760)200-6513
Name
Business Name
Address
Phone
Medians, Parks, City Bldg.s Present
H.O.A. Common Areas
Bill Oppenhiem
City of Rancho Mirage
69825 Highway 111
(760) 831-1063
Present Rose Carter
Casa Dorado
45005 Camino Dorado
(760)346-4215
Name
Business Name
Address
Phone
Name
Business Name
Address
Phone
Due to the location, size/extent and maintenance requirements of the maintenance
area, bidcier is required to state how it witl provide the necessary maintenance and
services in the specifications. State the estimated manpower your company wiil use
each week to fuffill the contract, incfuding supenrision, irrigation and general labor sub-
categories.
108 hours a week.
CONTRACTOR'S PR�P�SAL CONT/NUED ON NEXT PAGE
14
Contracior's PROPOSAL (CONT[NUED)
Contractor's PROPOSAL SUBMISSION F�RM
INF�RMATION REQU[RED OF BIDDER
IYO B1D WILL BE CONSIOERED UNLESS THIS DOCUMENT IS COMPLETED /N FULL
ALL APPLICABLE ITEMS MUST BE FILLED Ot1T
The bidder is required ta supply the foilowing information. Additianai sheets may be
attached if necessary.
�� � Address �3-771 Dinah Shore Drive, Suite 20Q Palm Desert, CA 92211
(2) Telephone Na. c76o� 3za-s9oo
(3) Type o# Firm (lndividual, Partnership or Corpora#ion) Corporation
(4) Corporatian organized under the laws of the State of Califomia
(5) Contractor's License No. 492as3a Exp. Date 06/30/2010
Contractor hereby swears under penalty of perjury that the information pravided
is true and correct.
By: Title: President
�re Co ntractor
(6) List the names and addresses o# all OWNERs of #he �rm or names and titles of
ail officers of the corporation:
George L. Gonzalez President / TreaSuieC
Theresa j„ Gonzalez
Vice President / SeCTetaiy
(7) Nurnber of years experience as a Contractor 28 Yeazs
{8} Number of yea�s expe�ience with municipal landscaping cantracts 's
(9) i.S.A. Certified Arborist Number �'�'E-�s�3A Exp. Date 06/30/2010
(10) Number of ISA Certifed Tree Workers with the organization 2
Contractor's PROPOSAL CONT/NUED ON NEXT PAGE
15
Contractor's PROPOSAL (CONTINUED)
{11) Loca1 Offlce
Address: �3-771 Dinah Shore Drive, Suite 200
Palm Desert, Ca 92211
Phone: ( �60 � 3za-a9oo
(92) Emergency Contact Person
Name:
Phone;
George Gonzale2
(760)328-8900
(13} List the names and addresses of each subcontractor who will perform wark
related ta this cantract and indicate what partion of the work wi{I be done by each
subcantractor. (If mare than one subcontractor, please check the box below and
list all subcontractors on a separate sheet.}
❑ See Subcontractor List on Separafe Sheet
Subcantractar's Name: NOI''E
License Number:
Address:
Telephone:
Wark to be per#ormed:
(14) List the name of the person who inspected the site of the propased work for your
firm B�ce Wilson and Rafael Esquivel
{15} A financial statement or other infarmation and references sufficiently
comprehensive ta permit an appraisal of yaur current financial condition may be
required by OWNER.
(16) This bid was prepared by:
Name (print) Michelle L. Trist
Signature ; �-�-��.����� I���-
Tefephone (760) 250-7646
(17) Contact person:
Name (print) Michelle L.Trist
Telephone ��60) 250-7646
18
BIDDER'S BOND
To A�company Prcposal
KNOW ALL MEN BY THESE PRESENTS,
Th�t We, SIERRA LANDSCAPE co. as principal,
�{(j('� GREAT AMERICAN INSURANCE COMPANY ,as surety, are hefd and
firmiy bound unto the Ciiy of Patm Desert in the sum of $Ten Percent* (10% of bid),
to be paid to the said Owner or its certain at�orney, its successors and assigns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
adminis#rators, successors or assigns, jointly and severaily, frmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden principal to perForm certain work descri6ed as follows:
LANDSCAPE MAINTENANCE AREA 4: The generai iterns of wo�lc to be done
hereunder consist of, but are nat limited to: landscape, irrlgation, hardscap�, and
hardscape maintenance and dated April aa, aoo9 is accepted
6y the City of Palm Desert, and if the above baunden principal SIERRA LANDSCAPE co.
shall duly enter into and execute a contract for such constructions and sha{i execute and
deliver the Performance Bond and Payment Bond and insurance certificates as required
by said contra�t, then this obligatlon shall become nuil and void; otherwise it shall be
and remain in fu(I force and effect.
Shouid it become necessary for the City to institute a lawsuit, or any other legal
pr�ceeding ta enforce the terms and conditions of this bond, then all costs of said
proceeding, including attomey's fees, shall be awarded to the prevailing party.
(Remainder af thls page has intentionally been lei� blank.
5lgnature 6locks are contalned on the next page,�
*(10�) of the Total Amount of the Bid
20
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 28th day
of � April 2p o9 ,
Contractors Name; SIERRA LANDSCAPE co.
Ccntractor's S9 natur •
Title: �% �
Y
Addr S: �3-771 Dinah Shore Drive, Suite 200, Palm Desert, California 92211
Telephone: �760> 328-8900
SUI'�tj/'s Name: GREAT AMERICAN INSURANCE COMPANY
Surety's Signature: '�r' � .� ;i �`
C thia M. Burnett
Title; Attorney-in-Fact
AC�QI�SS: 7800 South Elati Street, Suite 100, Littleton, Colorado 80120
Telephone: �303) 225-8030
21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�P,�M.c��so�..«a�w���P"_ - ,�'—.c,.M.�R'^�
State of California ' �
County of �� ��r ���
On � before me, 'i�� ��� �- 1V l �i� 1 � �� ��'�►/t�.�
Date Here i ert Narhe and Title of the Officer
personally appeared ���e � ��1� �l,) � �_
Name(s) of Signe�(s)
HIHI l. ME1iER
Coa�idaioe i 18�3�50
poury Pu011e - C�N�a
Riw�si/� CowN�►
MII Ceaia�. Expint Apr 9s�, Z01S �
Place Notary Seal Above
who proved to m on the basis of satisf ctory evidence to
be the person�whose name(�is/�subscribed to the
withi instrument and acknowledged t me that
he/s�e/t y executed the same i his/h�r/t�r authorized
capacity��), and that by his/h�th�r signature(�on the
instrument the person(�'j, or the entity upon behalf of
which the person(� a�ted, 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 m h d o' ial seal.
Signature �
Signatu of otary Public
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �� �n �
� ,�.�(�
Document Date: ��l / 7i� _ ZUV-1
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer(s)
Signer's Name: �1��i L � �OY'�a��
❑ Individual D � ,j�
GYG`orporate Officer — Title(s): r �P �71�+21�-1
❑ Partner — ❑ Limited ❑ General
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❑ Attorney in Fact •
❑ Trustee Top� thumb here
❑ Guardian or Conservator
��i i'i
❑ Other:
S�per��epresenting:
5 ��
Number of Pages: Z
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): �
❑ Partner — ❑ Limited ❑ General
-. � -•- ,
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
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Signer Is Re senting:
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OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
State of COLORADO )
) ss.
County of ARAPAHOE )
On April 28, 2009, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Cynthia M. Burnett
known to me to be Attorney-in-Fact of GREAT AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument on behalf of the said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
My Commission Expires: September 19, 2009 :������...�/ ��7�i-"�`_�'�.3 -
Kathleen Van Houten, Notary Public
GREAT AMERICAN INSURANCE COMPANYO
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369�000 • FAX 513-723-2740
The number of persons authorized by
this power of attomey is not more than THREE
No. 0 14420
_ POWER OF ATTORNEY
KNOW ALL MEN BY'Ti�SE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of 1he laws of the State of Ohio, does hereby nomin�e, constitute and appoint the person or persons named below its true �d lawful
attomeyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof; provided ihat the liability of the said Company on any such bond, undertaking or contract of
suretyship executed under this authority shall not exceed the limt stated below.
Name
DOUGLASJ.ROTHEY
CYNTHIA M. BURNETT
ERIK ULIBARRI
Address
ALL OF
DENVER,
COLORADO
Limit of Power
ALL
$75,000,000.00
This Power of Attomey revokes all previo� powers issued in behalf of the attorney(s}in-fact named above.
IN WI1'NESS WHEREOF tUe GREAT EIMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto �xedthis 29�' day of, OCTOBER , 2008.
Attest
STATE OF OHIO, COUNTY OF I IAMILTON - ss:
GREAT AMERTCAN INSURANCE COMPANY
DAVID C. KITCHIN (513-412-4602)
On this 29'� day of OCTOBER , 2008, before me personally appeared DAVID C. KITCHM, to me known, being duly
sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by authority of his office under trie By-Laws of said Company, and that he signed his name thereto by
like authority.
This Power of Attorney is granted by authoriry of the following resolutions adopted by the Boazd of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice
Presidents, or arry one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as surety, arry and all bonds, undertttkings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties
and the respective limits of their authority; and to revoke any such appoinhnent at any time.
RESOLVED FURTHER: That the Comparry seal and the signature of arry of the aforesaid o�cers and any Secretary or Assistant Secretary of the
Company may be a,�'zrzd by facsimile to any power of attorney or certificate of either given for the e�eecution of any bond, undertaking, contract or suretyship
or other written obligation in the natztre thereof, such signature and seal when so used being hereby adopted by the Company as the origina! signature of such
o��'f'icer and the original seal of the Company, to be valid and binding upon the Comparry with the same force and effect as though manually affixed.
CERTIFICATION
I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby certify that the
foregoing Power of Attomey and the Resolutions ofthe Board of Directors of Mazch 1, 1993 haue not been revoked and aze now in full force and effect.
Signedandsealedthis 28th dayof, April , 20�9
S 1029X (4I08)
ATTACHMENT 1: EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA 4
LABOR
Additional Laborer � as.00 p�r hour
Additional Irrigator $ 3�.so per hour
Additional Supervisor $ 37.50 per hour
1RRlGATION PARTS will be paid at a 15% mark-up.
PLANT MATERIAL REPLACEMENT
Note: Unless otherwise described, replacement plant maferia! wi11 be whatever is normal
and customary for the City of Palrn Desert.
1-Gallon Shrub Installed � 9.00
5-Gallon Shrub Installed g 2i.00
15-Galfon Shrub Installed
15-Gallon Tree Installed*
24"-Box Tree Installed*
30"-Box Tree Installed*
36"-Box Tree installed*
$ 90.00
$ i i s.00
� a�s.00
$ 375.00
$ 650.00
Note: Anything over 36" box size wi{I be paid at the contractual houriy rate plus
materials with a 15% mark-up. '
*To include the following: digging of holeT setting of tree, backfiiling, watering in of tree,
staking {if needec!), and securing with cinch #ies
TURF MAINTENANCE
Hybrid Bermuda (sod only), installed $ o.so per sq ft
Overseeding
(seed application only): Labar & Equipment $ 0.06 per 1,000 sq ft
Mowing: Labor & Equipment $ o.oi per 1,OQ0 sq ft
At City's discretion, additional work may be paid for using hourly labor rate and
materials ptus 15% mark up on materials.
39
Contract No. C28620
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
"Agent" and Sierra Landscape Companv. Inc., 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
Ninety-Three Thousand One Hundred Forty-Four ($93,144) 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.
Page 1 of 3
Contract No. C28620
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.
Page 2 of 3
Contract No. C28620
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
ROBERT A. SPIEGEL, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
SIERRA LANDSCAPE CO., INC.
Contractor
APPROVED AS TO CONTENT:
MARK GREENWOOD, P .E.
DIRECTOR OF PUBLIC WORKS
Page 3 of 3
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Landscape Area 4
Le ge nd
LMA 4
Palm Desert Parcels
City Boundary
I 1 inch = 4,500 feet
ALLEYMIRIAM WAYSHOPPERS LN
MONTEREY AVEDate:
3/26/2009
LOCATOR MAP
I-10 / Monterey Ave
(LMA 4)ALLEYMIRIAM WAYSHOPPERS LN
MONTEREY AVEI1 inch = 350 feet
DESERTCOUNTRY CIRHARRIS LNHARRIS LN
COUNTRY CLUB DR
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3/26/2009
LOCATOR MAP
I-10 / Wash ington St
(LMA 4)DESERTCOUNTRY CIRHARRIS LNHARRIS LN
COUNTRY CLUB DR
WASHINGTON STI1 inch = 350 feet