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Home My WebLink AboutC28680 - LMA No. 2 (902-09)Contract No. C28680 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST SUBMITTED BY CONTRACTOR: DATE: CONTENTS: Recommendation: Award Contract No. C28680 for Landscape Maintenance Area No. 2 to Teserra Outdoors of Coachella, California (902-09) 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 Map By Minute Motion: 1. Award Contract No. C28680 for Landscape Maintenance Area No. 2 to Teserra Outdoors of Coachella, California, in the amount of $67,920; 2. Include 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. 110-4614-453-3370, Repair/Maintenance Medians. Contract No. C28680 Staff Report Award Landscape Maintenance Area No. 2 Page 2 of 3 May 21, 2009 Discussion: On April 4, 2009, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 2. Bids were opened and read aloud on Tuesday, April 28, 2009, at 2:15 p.m. with the following results: Contractor 1 Teserra Outdoors 2 Marina Landscape 3 Kirkpatrick Landscaping 4 Sierra Landscape Co., Inc 5 Midori Gardens 6 Vintage Associates, Inc. 7 Mariposa Landscape, Inc. Location Coachella, CA Palm Desert, CA Indio, CA Palm Desert, CA Santa Ana, CA Bermuda Dunes, CA Irwindale, CA Price $67,920 $87,336 $93,060 $109,320 $116,448 $127,800 $274,320 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'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 award Contract No. C28680 for Landscape Maintenance Area No. 2 to Teserra Outdoors of Coachella, California, in the amount of $67,920, include extra work and services at the specified contract amount, not to exceed $50,000, and authorize the Mayor to execute the agreement. G9PubWorkslStaS Reports120091May 21115 Award C28680 ro Tesena Ou[doors P902-09L4ward C28680 to 902-09. doc Contract No. C28680 Staff Report Award Landscape Maintenance Area No. 2 Page 3 of 3 May 21, 2009 Fiscal Impact: Teserra Outdoors' bid of $67,920 represents a 47.9% savings ($62,480) over last year's contract. Funds are available in Repair/Maintenance Medians Account No.110-4614-453-3370. Prepared By: _- I � H. Spe cerLK ight La dsc pe nager Appro al: , Nomer Croy ACM for Dev lo ment Services �G��I.,�Lt��(//�,,�!-'�--' t � J n M. Wohlmuth ity anager Depar�rr�er�t Head: Mark Greehwood, P.E. Director of�Public Works Paul S. Gibson Finance Director CtTY COUNCTLA�TION APPROVED iiui � i �� RECEIVED OTHER MEETIla1G DA1T `� � ��- �� AYES: �:��r.� NOES: �,>� ABSEN7: �y�!� ABSTAIN:�� " VERIFIED BY:?L%.� Original on File with City Once G IPubWorksl Stall Reports120091May 21 N 5 Award C28680 to Teserra Outdoors P902-09L4ward C28680 ro 902-09. doc i' � � ,`/ � �� City of Palm Desert Contract Documents and Specifications for LANDSCAPE MAINTENANCE AREA 2 Project No. 902-09 Contract No. C28680 APPROVED BY �� . , . �� . � ' � , . � ;�:,.,�; - .� . . ., � , y f • � " '_ �'. . �- N�ARK ��tE�Nwooa, P.E. DIREC'f'OR t�F �UBLIC INQRKS T�-510 FRE� Y4(ARtNG DRNE P,�ILM ��EftT, CAL.IFC)RF�IA� 92260 April 2009 CONTRACTOR'S PROPOSAL (CONTINUED) SPECIFIC TERMS AND CONDITIONS LANDSCAPE MAINTENANCE AREA NO. 2 BID LOCATIONS - ITEM DESCRIPTION PRICE PRICE (MONTHLI() (12 MONTHS) 1. Monterey Avenue medians and planter $��Q� � $� A� �� 2. Fred Waring Drive medians and parkway � c� � a� O� �>�%� `��, � 3. Town Center Way medians $ $ 3 � �j ► C�� ,��%� �' 4. Cook Street medians $ $ � � G . C� ,��' , C��.� 5. Hovley Lane East medians $ $ -��, o� 91��, � 6. Portola Avenue median and parkway $ $ �0�� G� ��OG� Ck� 7. Via Cinta median $ $ � 0 6 . D� ��{UU�, � � 8. Phyllis Jackson Lane parkway $ $ �� o� �.'-to �,i, C�� 9. EI Dorado Drive median $ y��` �� $�..��U �� 10. Washington Street medians $ $ y00, 40 ��d� ac� 11. 74833 Joni Drive (old Corporation Yard) $ � �� $ �� J 12. Corporation Yard $ $ l J�%� � 1 0 i��a W'`�' 13. Magnesia Falis Drive medians and parkway $�� $�� Qv 14. San Pablo Avenue medians $ $ ��o�a� ��a�, a� 15. Town Center Way Fire Station $ $ .�0� , �o �� - CX� 16. Portola Fire Station $ �� $ �Go, ,� �l v0: � TOTAL $ �Cp��J, c�O � �/ '�I�((�a�� CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE 12 (r.1) CONTRACTOR'S PROPOSAL (CONTINUED) TOTAL AMOUNT BASE BID IN FIGURES $�/�� e W �-„ , 9 TOTAL AMOUNT BASE BID IN WORDS �%�i� f�"�1 � F V� ��! I E�Ji�� Ci r�-►�� 1i IU� �JN�� ) 1 wC �� j �� c�� 5 t i 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 aftend the Mandatory Pre-Bid Meeting will be considered non-responsive. �� . '� I� « fl� c��'�--� COMPANY `�� !dU A�E 5�-{ �o�C�I �-[-�(� C' A�� i� ADDRESS r'l�� 3�i�� r `7� � ��l � � 1 ��S TELEPHONE FAX GQ�� trJ�� BID PR /�RED BY r ,: SIGNA URE Vl c �. TITLE �/ DATE � ��- � �� U� I�(� l �--�/�i � 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 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 the proposed contract that he has pertormed 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) - - _ - - - �,;.,�.;�>:: _;_�,::.:�;,, -_� ��, :. -._ _ _ " _ _ _ �n;,;j'nr�=:P:?•i �y�� t`:"= � _ - _ ' - ' _ - - _ _ _ _ _ _ _i� M�S:{; «.. ..l �a^'.r ' - - - , . _,.. . -- . - . _" _ _ - ' ,4-.-_.£t - _ _ - = R�l�l ' ,�,�;:�`�'-:: � - r`�� 4�E��.. - . � , �. �< -:�..x � �-„-� ' _ . . _ ,___ . . _.. . a . x, ,.., . __.. . ..= �: r<._e... : .� . - ., . , . . - . . . . Contract Amount 1 $ C�� ,JC� 2 $ '�j f�'�+it�,�,�: 3 $ �l�U�%� Class of Work ��c� � r��;�� . L� �� N�� Completion Date Contact Person L'� �' �' � i�l � ��C� ��/�°�_ �.�. �� Name � RiUV f� E.Lf`8;X 5�,,�4n,s 5 Business Name 1 gp ,�j c��`y �,��1�-�, Address ��Ci'��1 "I�e�f�l,n Phone � �� V�L.�N�. �I��k. Name r^- . � 10 �J L��1�-µdP��) }v^) �•F �'� Business Name �G��`l'J (l;1• �.��'!`Jf.RDl31,� Address 77�� I��c�-✓ �j Phone .' rL1 N 1�� `� F-� �� J�� `�"Y � Name �Ir�1�J�('L� I✓zQ(�.�(� Bu.s'inesspName fS3:t� Ai�r�JC� f/t��.��k� dre�ss 1�r�J �Cj / / % e' � V �� ✓ � �� 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 fulfill the contract, including supervision, irrigation and general labor sub- categories. i ��.� � w�L� � �� F�u:7� � � �< 1 f E-/'✓1 1�� e,,,e. ,, u� W�,�o,1�% �5�� I" 6}�Q..�N� e`T U�.�,� � h�l �- '" � C� (VQS ��Q t C� �,T��.1 T E-�-� f'.CC_ �a �►'1� � � � C't:�� ,I I �"� �I � C�� "v�f I Le� �� tZ� �'T C2�wS �� . . �' ��F.f�-��o�►S �N��-�.- �vl�-� L�►V� �� N��"�I� � ��° ` / � �.►��-�F �-,��► � ��z.� � � .��. ��,�11 � ,+ CONTRACTOR'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 APPLICABLE ITEMS MUST BE FILLED OUT The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address �7 �,-'�00 �� 5� l-(?IQC�;e �(.-� ��( %a�c��v (2) Telephone No. % (o�'�� u' �aa�-. (3) Type of Firm (Individual, Partnership or Corporation) �'Un--{'��Q,6�" �� (4) Corporation organized under the laws of the State of �� (5) Contractor's License No. �o.s� �� Exp. Date ��1 � J r�i� �v , Contractor hereby swears under penalty of perjury that the information provided is true a correct By: � . �' Title: �i�' � � ,�/z � � !% �tl� ignature Contractor ` (6) List the names and addresses of all Owners of the firm or names and titles of all officers of the corporation: ��,Qrr��S I� f�2�(�� -1-� •- ��s�`j� �� -4U L 7 � \ � S �C�? a..��l l �� U � N� �- Vr�� G�-Q.s, (� �4 �'A`� �.a i� �o� � il c.� � � (7) Number of years experience as a Contractor � (8) Number of years experience with municipal landscaping contracts �" (9) I.S.A. Certified Arborist Number �'v�E ��`�4� Exp. Date 17-% � f f'�� fJ (10) Number of ISA Certified Tree Workers with the organization � CONTRACTOR'S PROPOSAL CONT/NUED ON NEXT PAGE 15 CONTRACTOR'S PROPOSAL (CONTINUED) (11) Loca/ O�ce �j � Add ress: � �4 " � � (=-.j � V � � L� . �� L ��1 �� / � �',�j� Phone: ( `�l� 1 c�. �� '� i. � (12) Emergency Contact Person Name: �A r3 N � � 1�� Phone: �� r � „� �� (13) List the names and addresses of each subcontractor who will pertorm 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 all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet Subcontractor's Name: � i^+ c�� . ��^� U\C � j License Number: '�,��1 � �( Address: ��6� �� r� L^, �. Telephone: k�'� � � �� 1� � Work to be performed: ��1� (14) List the name of the person who inspected the site of the proposed work for your firm ��,��, "�.� � NT � �� 1 �--�1,r��?�Q �1i,'1��J � 1 �.c�. `�� (15) A financial statement or other 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: Name (print) Signature Telephone ��; -L � n�"� �' �!�„ , ��v� ��—� (17) Contact person: Name (print) Telephone ��N�� i�veQ`��1 1 to� -- 3�i b-- � a-�.?_, 16 ATTACHMENT 1: EXTRA WORK PRICING SCHEDULE LANDSCAPE MAINTENANCE AREA No. 2 LABOR Additional Laborer $ 0�..�5. �� per hour Additional Irrigator $ 3��d per hour Additional Supervisor $ �%5, �c� �er 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 $ �'1.0� 5-Gallon Shrub Installed 15-Gailon Shrub Installed 15-Gallon Tree Installed* 24"-Box Tree Installed* 3Q"-Box Tree Installed* 36"-Box Tree Installed'" $ ��4� � ��.�� $ 1 � �-,". pC:� $ a `i � , dQ� $ 5��.ud � R' Oc�� 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 $ o�� i� per sq ft Overseeding (seed application only): Labor & Equipment $. 87 per 1,000 sq ft Mowing: Labor & Equipment $ ya3 per 1,000 sq ft At City's discretion, additional work may be paid for using houriy labor rate and materials plus 15% mark up on materials. � `°��'.,. �«_.` . , R., .. ..< ��"�. : DATE: 4-23-09 BID BOND REQUEST FAX TO: 1303) 225-8034 CONTRACTOR: Teserra CONTACT: James D. Harebottle DATE & TIME OF LETTING: April 28, 2009 (�a. 2:15 PM �IIiE?SC=3p:,t"-1 !CI`;;llf'riflt. ; ;'i.�.'i"�/ir�ae�. ��'i�7 �. l.�a�{C;f E;(. �il.:lic. %14f,1 �E'C1Vf`C; C:C� <;f;)�a'i ��i'1.�} �.l )-fi(1�3[,+ i�i1 _�t::. � {3ti ;) 2>� �3C31 a :;;, NAME & ADDRESS OF OBLIGEE (To Whom Bid bond will be Payable to): Citv of Palm Desert 73510 Fred Warinq Dr. Palm Desert. CA 92260 IFBIPROJECT NO.: 902-09 NAME AND LOCATION OF PROJECT: Landscape Maintenance Area 2 Palm Desert, CA 92260 AMOUNT OF BID BOND (%): 10 * NUMBER OF COPIES: 1 PROJECT ESTIMATE: $ 125,000.00 . NAME & TELEPHONE NUMBER OF ARCHITECTlENGINEER: 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?: yes Along with this reques#, please fax the lnvitation to Bid. the Proposal/Bid Form and the /nstrucfions to Bidders. Kindly provide the Insurance requirements on this job (Fax the appropriate pages of specifications from both the Genera/ Conditions and the Special Conditions.) * IF A SPECIAL B/D BOND FORM lS REQUIRED - PLEASE PROVIDE A COPY i �� Ay,�, ,. t�i��°r+�� :wae: o<wc�i�'m'. �#�:.i.i.d.:.. `ir9�fl�� 2iCi�$ AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID LANDSCAPE MAINTENANCE AREA NO. 2 PROJECT NO. 902-09 CONTRACT NO. C28680 STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) �'7re� �iqfz . being first duly sworn, deposes and says that helshe 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 bis 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 to effectuate a collusive or sham bid. / r--, By: � � `�.� ) ` (� �---- 1�/ Zc� � , � Signature (CONT'��OR) Title (CONTRACTOR) State of California County of � t�C./�iC�� Jurat Certificate � ': LINDA ROCHA Commission # 1777932 � ;e� � NoSary Public - California � z � . Riverside County � My�,E�ire6Plon�23,2011 � il I t`\ Su cnbed and sworn to (or affirmed before me on this �'� day of � r � (m anth), � d�� (year), by �-t'�� j � t r1'�Z , proved to me on the basis o atisfactory vi nce to be tht,�person(s) who appeared before me. Signature ofNota �� (Seal ofNotary) CONTRACTOR'S PROPOSAL FOLLOWS 10 BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That v�z, � Teserra as principai, 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 described as follows: LANDSCAPE MAINTENANCE AREA 2: 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 blank. Signature blocks are contained on the next pageJ -�(10%) of the Total Amount of the Bid 20 IN WITNESS WHEREOF, We heOre�unto set our Hands and Seals this 2�th day of April 20 , Contractors Name: Teserra � Contractor's Signature: �� 1 ,.i �_ ` (�� r-�- Title: ��! ��--- /�Z----�`---t � Address: PO Box 1280, Coachella CA 92236 Telephone: (760)398-9222 Surety's Name: Developers Suretv &`Indemnitv Companv � Surety's Signature: �. '�) ��p � V � (7�iane M. Nielsen) �itle: Attorney In Fact Address: 77564 Countrry Club Drive, Ste B401 Telephone: (760)360-4700 21 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE oN yZ7 q PERSONALLY APPEARED: , BEFORE ME, LINDA ROCHA, Notary Pulilic 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. Signatur : �� Linda Rocha, Notary � LlNDA ROCHA Commlasion � 1777932 � .� Notary Public - Coilfornia � � Riverside Counry NlyComm.F�q�ireaNwZ3.2011 � ALL PURPOSE ACKNOWLEDGMENT � :' � :� • � � • l s:S;�S<aS : S = S;='�S;=a��C�.C!'�.w�S.!ai,!'�5.= �..�'*�.C!a�..='�.C;aC! = � ' _ c�S,.ca.C� ._aYwC!�.'v! '�S,.�C.�S%C„-' " " State of California County of Riverside On y-a7-a� Date personally appeared before me, Linda Rocha. Notary Public Here Insert Name and Tttle of the Officer `�t" / QTl �� ► L �� , 1 Name(s) of Signer(s) `•.J �` . LINDA ROCH� i Commisslon # 1777932 „ Notary PubHc - Calitorn{a � � �� Rlverside County � MyCqrxn,6q�yeallo�v23,2011 � Place Notary Seal Above 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 and official eal. Signat e �/ Signatafe of Notary PuWic OPTIONAL Though the information below is not required by faw, if may prove va/uab/e to persons relying on the document and could prevent fraudu/ent removal and reattachmenf of fhis 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: ❑ Individual ❑ Corporate Officer — Title(s): O Partner — � Limited � General ❑ Attorney in Fact �� O Trustee Top of thumb here � Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: D Individual � Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . .,,I; , . - Top of thumb here � 2007 Nationel Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NafionalNotary.org Item 115907 Reorder: Call Toll-Free 1-800-876-6627 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 2633300 KNOW ALL 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 law(ul Attomey(s)-in-fact, to make, execute, deliver and acknowiedge, for and on behalf of said corporaBons, as sureties, bonds, undertakings and contracts of surety- ship g'Mng and gran6ng unt� said Attomey(s)-in-Fact full power and authority to do and to pe6orm every act necessary, requisite or proper to be d�ne in connection lherewith as each of said corporations eould do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presenfs, are hereby raUfied and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority uf ihe foliowing resoludons adopted by the respec6ve Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNfTY COMPANY OF CALIFORNIA, effecUve as of January 1st, 2008. RESOLVED, that the chairman �f the Board, the President and any Uce President of the corpwation be, and that each oi tfiem hereby is, authorized to execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attomey to execute, on behaH of ihe corporations, bonds, undertakings and contracts of suretyship; and that the 5ecretary or any Assistant Secretary of fhe corporations be, and each of them hereby is, authorized to attest ihe execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be aifaed to any such Power of Attomey or to any certificate rela6ng thereto by facsimile, and any such Power oi Altorney or certificate bearing such facsimile signatures shatl be valid and binding upon the corporations when so affaed and in the future with respect to arry bond, undertaking or contract of sureryship to which it fs attached. • IN WITNESS 1NHEREOF, DEVELOPERS SURETY AND INDEMNIIY COMPANY and INDEMNITY COMPANY OF CALiFORNiA have se��eralty caused �ese presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January tst, 2D08. ' r,,,..�.,.�.,,,, gY.�� F,.�t.� AND �ti y, „�APANYn- Stephen T. Pate, Senior Vice President By:,(.�Le�-r��.+0 Charles L. Day, Assistant Secretary / � State of Cal'rfomia County of Orange On Januan 1st, 2D08 Date personally appeared before me, � � ,,. � r�`;-�� :� - 'Ff . «- ��Y 4- rs. c '.�'� ,�,�� %:"� -a • -r �.d`�'`�/ s .,e +�a,. , >«._. _t Place Notary Seal Above 4 r�PORqTcp E?CT. sa t936 Christopher J. Roach, Notary Public Here Insert Name end TiBe of 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 instrument and acknowledged to me that he/shelthey executed the seme in his/herRheir authorized capacity(ies), and that by hislherlth�r signature(s) on the instrument the person(s), or the entity upon behatl of which the person(s) acted, executed fhe instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cai'rfomia that the foregoing paragraph is Irue and correct. WITNESS my hand and offi 'al seal. . Signature �i� �_�-� � Chri�fer J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIfORN1A, does hereby certify that the foregang Power of Attomey remains in iull force and has not been revoked, and furthermore, that the provisions of ihe 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 Cerfificata. This CerGficate is executed in the Ciry of Irvine, Calitomia, the ��ay of �p}�t ,'�• ( By: Albert Hillebrand, Assistant �retary ID-1380(Wet)(Rev.07107) � City of Palm Desert ADDENDUM NO. 1 for LANDSCAPE MAINTENANCE AREA 2 Project No. 902-09 Contract No. C28680 Issued April 24, 2009 IMPORTANT NOTE: RECEIPT_ OF THIS ADDENDUM MUST BE ACKNOWLEDGED /N CONTRACTOR'S PROPOSAL :� -� : 11AAitK +� NWt;�Qp, P:� _ . QIR�+�iO� O� PUBLIC 1lYt'�t�[fS T3-510 �'i�ED �At�►R.ti+fG t�fttil� PALM aE�El�T, CALIF4RNIA�2�6E# � c , �Q � ��t�t��,.��-JC" .� � �J.��V ��^. f U'v'v�,. �=-- f T �' � ,�,'��-� "' �i�.,�� l�� I �; %� .� ) OU � ��l � � , , �i✓� . ... �• F , �� '°� � - j�J",~/•-�'�� ~h�•�� ^� / f �i� u \ f -' f �E `i �' '' - _� , .. - flr��. City of Palm Desert ADDENDUM NO. 2 for LANDSCAPE MAINTENANCE AREA 2 Project No. 902-09 Contract No. C28680 Issued April 27, 2009 IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL � ��=��-� j � � � f t r� f f % / "t . € �e �- . f` �d f. � °1/ ..,,., 1 �� ' �;.lP�'r � 1� t� � j�-:;. . „� �'d r�. "'#'f ��;,r',-��i� % .{;,=% ,< MARK-G.i�'EEt�W4C}D, P.E. DlRECT+�R OF PUBL_IC WflRKS T3-510 �RE� WARlNG CiRIVE PAl..M �ESERT, CALIft3RN1A 9226Q r1 ��-'I V�UJ Li��j ��r�,�N �vw-, ��c� 1 �V PC.�f. �l)� Y��'V� + ��_ � V '�'`,.�. 'V �i,� r �:� AF'R/?�1i2009/4"JED Ol ; 5'a PM Sierra La,n�.sca�e ��. FAX No, 760 32R 8944 P, 002;'OL� � �� L�1ND�CA�� Weclnesday, Apr�129, 2009 Mark Cxreenwood birector of.Public VV�orks City of �aIm Desert 73-510 Fred Waring Drive palrn besert, �A. 92260 Praject: Landscape Main�enance Area 2— Project N"o. 902-09 — Contract l�o. C28680 RE: Bid Fratest bear Mr. Crreenwaod, Sier,-a Landsoape Co. is hereby protesting the bid submiued by the apparent low bidder, 7'eser�ra, based on the foliowing: 1. Aeeording to the Contract r7ocuments, page S, Qualifications of �idders: "1Vo arvard will be n�ade ta any bidder who car:not give satisfa�tory assuranee ta CRty as ta its O�v�� abflity to enr�y out tlae cprzir�et, �oth from its financial stand'ing and by reaSpn of ►tS previoks ezperie►�ce �tS rt cntztrttetpr on w�rk �f Uie na�tr�re cpnterr�plated irt tJee contraCL Tlee bYd'd'er nury �ie requtre�' ro subr��tt Its recorrC ojrnork of simttrrr natuwe to tl'iat proposeri under these spec�ftcations, m2[� /[nflllteiliarity yVitlt tlre lype pf WP►'k ne4y be Su�C�et2t CaYrse for reject�on of btd. " The apparent low bidder, Teserra, has na experience with Public Works Maintenance Gantracts and has neVer perfo�ed a Public Works Maintcnancc Projcct. Sierra Landscape Co, takes the pnsit�on that tkze apparent low biddear, Tes�rra, is therefore nat qaali�ed to perform the work requued of thie oantraet �ue to thair Yack of experience and unfamiliarity with this rype of wark. Please contact otlr corpor�te pf�iee if there �re $ny questions or cancerns regarding this matter. Cardislly, Cr onzalez ' ent CC: Teserra 73-771 Dinah Share Drive, Suit� 200 • Palm Desert, CA 92211 • 760-328-8900 Office • 760-�Z8-$944 Fax www.sierralandscape.com • Lic. �lo. 492834 Contract No. C28680 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- Seven Thousand Nine Hundred Twenty ($67,920) 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. C28680 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. 2; 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. C28680 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 COOK STMONTEREY AVEFRED WARING DR PORTOLA AVEHOVLEY LN E FRANK SINATRA DR EL PASEO GER ALD FORD DR WASHINGTON STELDORADO DRWARNER TRLHOVLEY LN W OASIS CLUB DRTAMARISK ROW D RCALIFO R N IA AVESAN PABLO AVEPARK VIEW DR MESA VIEW DR DEEP CANYON RDMAGNESIA FALLS DR DINAH SHORE DR COOK STHAYSTACK RDMONTEREY AVEP O R TO L A AVEPORTOLA AVEGRAPEVINE STSHADOW M OUNTAIN DR FAIRWAY DR HOVLEY LN EPORTOLA AVEFRED WARING DR COUNTRY CLUB DR FRANK SINATRA DRPORTOLA AVECOUNTRY CLUB DR MONTEREY AVECOOK STINTERSTATE HWY 10 INTERSTATE HWY 10 HWY 111 HWY 74Landscape Area 2 Le ge nd LMA 2 Palm Desert Parcels City Boundary I 1 inch = 4,500 feet