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Home My WebLink AboutC28690 - LMA No. 6 (906-09)Contract No. C28690 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST SUBMITTED BY CONTRACTOR DATE: CONTENTS: Recommendation: Award Contract No. C28690 for Landscape Maintenance Area No. 6 to Teserra Outdoors of Coachella, California (906-09) Mark Greenwood, P.E., Director of Public Works Teserra Outdoors 86-100 Avenue 54 Coachella, CA 92236 May 21, 2009 Proposal Agreement Vicinity Map By Minute Motion: 1. Award Contract No. C28690 for Landscape Maintenance Area No. 6 to Teserra of Coachella, California, in the amount of $84,396; 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. 241-4195-495-3320, Desert Willow. Discussion: On April 4, 2009, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 6. Bids were opened and read aloud on Tuesday, April 28, 2009, at 2:45 p.m. with the following results: Contract No. C28690 Staff Report Award Landscape Maintenance Area No. 6 Page 2 of 2 May 21, 2009 1 2 3 4 5 6 7 Contractor Teserra Outdoors Kirkpatrick Landscaping Marina Landscape Mariposa Landscape, Inc. Hort Tech, Inc. Sierra Landscape Co., Inc. Vintage Associates, Inc. � Price $84,396 $86,400 $98,400 $110,772 $111,000 $112,752 $136,800 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. C28690 for Landscape Maintenance Area No. 6 to Teserra Outdoors of Coachella, California, in the amount of $84,396, 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: Teserra Outdoors' bid of $84,396 represents a 51% savings ($87,717) over last year's contract. Funds are available in Desert Willow Account No. 241-4195- 495-3320. Prepared By: Spe cer K�.i ht �dsc pe M ager �•. Homer Croy � ACM f De�E Location Coacheila, CA Indio, CA Palm Desert, CA Irwindale, CA Bermuda Dunes, CA Palm Desert, CA Bermuda Dunes, CA � Dep �t Head: Mark Gre�nwood, P.E. Director of Public Works w F Paul S. Gibson V nt Services Finance Director z �,�� Joh . Wohlmuth Cit anager O � � A A UO� G IPub WorkslSta(f Reports120091May 21117 Award C28690 to reserra Outdoors P906-09 r�2�0 V sa � = 0 � � s� � � � � � U � ' _ ,� ��_ . � �� ..� a � Zq o � � .., — Qw = w��tx � zad�o -,�� y� � ,��,: ��' � City of Palm Desert Contract Documents and Specifications for LANDSCAPE MAINTENANCE AREA 6 Project No. 906-09 Contract No. C28690 APPROVED BY ,, .�' - . . . � , ,. �� - ; �;� � , ��r�-- - . ,� ,._ � �,; '_ (�ARK �R��NV�f00[�, P.E. DIR�CTOR CaF PUBLIC W+C�RKS T3-514 �F�tED W'A►RIM� DRiY� PALN[ C)��RT, C�►�.I�'l"��N�A 922fi0 April 2009 CONTRACTOR'S PROPOSAL SUBMtSSION FORM LANDSCAPE MAINTENANCE SERVICES FOR CONTRACT C28690 LANDSCAPE MAINTENANCE AREA NO. 6 TO: CITY CLERK City of Palm Desert 73510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully 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. . ITEM 1. TOTAL DESCRIPT{ON Desert Willow Perimeter TOTAL AMOUNT BASE BID IN FIGURES $ TOTAL AMOUNT BASE BID IN WORDS k�l�,/�JU�� i�,T�f� ��- , PRICE (MONTHLIf� $ �,a3�;, d0 $ �� J J . (J �/ 0 ��! v��'°' U� PRICE (12 MONTHS) $ �'�� '�, D� �S�',:3°��! �� f�e� r��-��v ��aN r� �eE�- I �t_ � �-y � 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, 11 CONTRACTOR'S PROPOSAL (CONTINUED) 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. � �� c�l�� ..� COMPANY �,��- �c� �U� �f / C��'�-�� r� �� ADDRESS ' "` ( ��1 ��'� �l �d.� ( ��) J`��`'� �� TELEPHONE FAX � �� J:i N i z BID PR �` SIGNATURE UlL'� �.� �� TITLE ��/`�7�1� � 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 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 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 12 CONTRACTOR'S PROPOSAL (CONTINUED) __.._. _......:�,r...- - - � ___ ... _.,.. . v. . . ;... ::�,. - - - - - - a.,� <-,. -{:: - _ _ ��:�• - .,,._,� - _ . - r:=�.-�..�'��, :,�,.�:-, _ :=r:. - - �.,:; : ';��:�.:?�;' - " �;' ,::.:�_: �� 4�� -- - - - - - - - - 'r:-�_��`'� - - .r�A '- _ . ' �� _ ':�':..,�... f. �.:�s - r:r - t �,w_� D ��,,,,;:r� z a� �3� - .:, ., . . . . . . _ ;� _ ..._ _,..-- - - --- r. .- . _ -. . - . .- , . - .�:r - - - - - - - - - ,-' - . - . . _ � , . .-��:. _ . . - . . _ .��-... . . x - _ � . �..�,'ts� � � . - _ , c ... .... . . .. . :. ...... .. . .� - , . _ . _ ... .,. _.-,. � . .- �l Contract Amount 1 $ `i`3��;� 2 S � � ��y��0;�s 3 S �, �, `��UJ Class of Work ��i� c�t��r�c� l�°��C,.��, �al� � �1 U e �' ' �.��6�,� 1 e � ��i� r�� . ��cvC � Completion Date Contact Person `'\i K_��`� �.e+(, l�- �U�' ' �V ` Name �3.l� Q�'-,,�(`�'��Ty1'1�'�",S Business Name �4� ��i�i�P�,Ri� 1.�/�� Address � �0"'� i% 7 � � 6 � Phone s �� rVi�.��. 1"I��.L.�� Name `� �v�,+fL.�-4`.+vf�J Business Name � j �J„ BF�',J�{)J Address � � i- � "1 ,i--✓ �j,� Phone �� `-�l d� 1 ��N !./"ri L r Name ��! '�1'��iv1L�,J ��C,-�1 f Bus' essName I r"J f;�„� NL(�3�J �� Q.�anl�'�ddress i�� 'l�i�i—�g�—lZ/�a ��e`� 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. •-- . 1 � S F��1 (�vl� c. � �� J IJ M. Vi/! E2 (u-0 r,l i"f�.1 �� i��1 r�"� �� A < Iv �E1 S9 ,� �' S� 1 C�.p�S"I �� +i �-c�� ta' ��`I t �Mi�-L� ��il � �--° �= n � � `F�/l--z-i( l�► � �Ec�P%� ��,/ /�.� � — -�vz�=� � � v��'� �N �'�' ��/��_ 2U �� i.a�-� �c�n��I �nI f��.��A a _ , _ � � �-:��@�.I;a �! �'� ./�i,N � j �' C �. � � �. �13V �r / �Q_1�o,1 � .�Y F�1f�lto � 1��1� Q ! \ � � r.l � ►w vtl � �S � � !s�/ � � �d._. J � � c�� .-�= w�s � I L � �� I'� �.�+ � ��d �c �N� � ��, w I � t, �is�- � (� `�� i �� N��-�-��So CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE 13 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 ��` J(7C.' �1V� ��^ �C�i�C��l�i� c� ��-3So (2) Telephone No. 1�c� �-2`�'�s�- q��-. � (3) Type of Firm (Individual, Partnership or Corporation)��j� , (4) Corporation organized under the laws of the State of �� (5) Contractor's License No. �.��' 1� r Exp. Date /D /' ;/%�/C.i . , Contractor hereby swears under penalty of perjury that the information provided is true and rect. r By: �_ � Title: f�t C� '� i�--��`� Signature � CONTRACTUR (6) List the names and addresses of all Owners of the firm or names and titles of all officers of the corporation: ,.., ..�A �►.�.� � 1 }�a�s� �9"1� Y� s �c� v f'..�nt.�a N ►�.�, � �� - �l i� ► ��vL �4 �� S � � � � , , � P� �. . �J r �~-<r b�'...�, �.� � (7) Number of years experience as a Contractor � .. (8) Number of years experience with municipal landscaping contracts -�- (9) I.S.A. Certified Arborist Number �� r�` �J 'r"e Exp. Date P7-$ � � � 1�� i� , (10) Number of ISA Certified Tree Workers with the organization i (11) Describe horticultural training and experience applicable to this job (use additional sheet if needed): ��'��c ��`_ �a�=�,°z w��;t,��ca`� �(Ll��t��-, ji1 I��.I�� l L \ � �l 1(`� i � �� . P! �' �c� � ��, �" i � �,,r1.`.� j c3 .,�� 1 C4� � � ti� �� ,n � � ,. �,.,� �� `, �° � � � A Pa� '�`�`' ��''' :.�-� ( CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE 14 CONTRACTOR'S PROPOSAL (CONTINUED) (12) Loca/O�ce Address �� " � �� `=��c�, �L�� =� � aa�� Phone: l�(c�} ) J l�i "-� �--d�. (13) Emergency Contact Person Name: ��1 N � �l �1 �1�P�,i � r Phone: � �C7 � � �� O� (14) List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet � Subcontractor's Name: ��' �� t ". f Z' �;�'.eV j �� License Number. J�a ( ��'t Address: � � -� �� `� I }An �� -� � � � Telephone: ''�,�<� - �i 1��i�� Work to be perFormed: �?� �-� �.��/�, / (15) List the name of th person who inspected the site of the proposed work for your firm (' �� `��( �� ,�� vN� f �� j�.1�� (16) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by Owner. (17) This bid was prepared by: Name (print) Signature Telephone °� - ��-c� � � � � �-' �c, �6 - a-�.z_ (18) Contact person: Name (print) Telephone � P� c� �� 1 r�1�- � '1�c� ._ Z� � �., C� ��.. � 15 ATTACHMENT 1: EXTRA WORK PRICING SCHEDULE LANDSCAPE MAINTENANCE AREA 6 �A_1-Z�7:7 Additional Laborer $ ��Sd per hour Additional Irrigator $ ��I.O� per hour Additional Supervisor $ L/S� OO per hour IRRIGATION PARTS will be paid at a 15% mark-up. PLANT MATERIAL REPLACEMENT Note: Unless otherwise described, replacement plant material will be whatever is normal and customary for the City of Palm Desert. 1-Gallon Shrub Installed $ �� QQ 5-Gallon Shrub Installed 15-Gallon Shrub Installed 15-Gallon Tree Installed* 24"-Box Tree Installed* 30"-Box Tree Installed* 36"-Box Tree Installed* $ � �' �G � $ -� . C�.� $ / �5 - �C.� $ �sv�vv $ J SD� C� $ g(i 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 $ �, 5v per sq ft Overseeding (seed application only): Labor & Equipment $ �()~ 1 per 1,000 sq ft Mowing: Labor & Equipment $ i �� 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. �;? �� . . ... ,. . ,`;, . .. DATE: 4-23-09 3!D BQNQ REQUEST FAX TO: (303) 225-8034 CONTRACTOR: Teserra CONTACT: James D. Harebottle DATE & TIME OF LETTING: April 28, 2009 Cc� 2:45 PM �.:',iif?>Cca�}.r,-, �t';Slli:,^.i1C;:� st>(.%if.;�..t �F�C� �. �li;a�Gi ��. �``iUi;�:l�?�i [�P,nvC:f: �.:.�) f�:C;'i;;�r ;3t}3j 2'??"�-�';{)�i? ?�;i:.ra= � t;;():;j '22#a-�i:�;;�. t �,� .,,.. NAME & ADDRESS OF OBLIGEE (To Whom Bid bond will be Payable to): Citv of Palm Desert 73510 Fred Warinq Dr. Palm Desert, CA 92260 IFB/PROJECT NO.: 906-09 NAME AND LOCATION OF PROJECT: Landscape Maintenance Area 6 Palm Desert, CA 92260 AMOUNT OF BID BOND (°/a): 10 * NUMBER OF COPIES: 1 PROJECT ESTIMATE: $ 100,000.00 . 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 Alang with this request, please faX the /nvitafion 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 Genera/ Conditions and the Snecial Conditions.) * lF A SPECIAL BlD BOND FORM lS REQUIRED - PLEASE PROVIDE A COPY � • �� .�� rx[xG��/� PyR,Q,1FFSSIONAI, AnaiuuJBulldaas �ilt�_:�� Q INt14k1J� 'n�V�� sc.�n.r.o��„ ,r,yw:ii� � A�iE�fT$ AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID LANDSCAPE MAINTENANCE AREA NO. 6 PROJECT NO. 906-09 CONTRACT NO. C28690 STATE OF CALIFORNIA) ) SS COUNTY OF RNERSIDE) �� , 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, parinership, 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 to effectuate a collusive or sham bid. By; �� , �l C..C�' / �l2 r --; � Signature (CONT�CTOR) Title (CONTRACTOR) Jurat Certificate State of California � LINDA ROCHA Commission # 1777932 ) < -e Noiory Public - Californla = County of ��V.� �� d� ) Z Riverside County � 7 MyCorrm. E�es Nav 23, ZOl 1 t � � Subscribed and sworn to (or affumed) before me on this�� day of� �1�Y-+ l (month), `Z.��`� (year), by �i'F� i�i.rl. Z , proved to me on the basis o satisfactory ce to be the`�erson(s) who appeared before me. Signature of Notary� r �-� �, `�'� (Seal of Notary) .�/ CONTRACTOR'S PROPOSAL FOLLOWS 10 BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, Teserra as principal, and Developers Surety & Indemnity Company ,aS SUrety, are held and firmly bound unto the City of Palm Desert in the sum of $ Ten Percent� (10% of bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 15 SUCH, that if the certain proposal of the above bounden principal to pertorm certain work described as follows: LANDSCAPE MAINTENANCE AREA 6: The general items of work to be done hereunder consist of, but are not limited to: landscape, irrigation, hardscape, and hardscape maintenance and dated Anril 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 Pertormance 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 page] ��(10�) of the Total Amount of the Bid i�'] IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 2�th day of Avril 20 09 , e Contractors Name: Teserra ry / � C��fr�c�or's Signature. r„ � „ y Tstle:_� C�es �l2-t- 'Z _ Ad�iress: PO Box 1280, Coachella CA 92236 Telephone: (760)398-9222 Su►'ety's Name: Developers Surety & Indemnity Company Surety's Signature: --�� (Diane M. Nielsen) Tltle: Attorney In Fact Address: 77564 Country Cub Drive, Ste B401, Palm Desert, CA 92211 Telephone: (760)360-4700 zo STATE OF CALIFORNIA } COUNTY OF RIVERSIDE � r i♦ ' PER50NALLY 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, egecuted 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. IINDA ROCHA Commlasion � 1777932 , _ . -r' Notary Pubtic - Calitornic � Rlveraide Counfy Signature� � NN�m�.e�sntw2s,2oti [ inda Rocha, Notary � ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKWOWLEDGMENT ♦+ �lvA^�rNi.�Y/ :\`�a\vM.\A'\A-:��Nti.\�ctri,\v.fi.tw�\Wi\v,1i.\c1->�%A �vY>\wi\Wr_\r.Ya1w'{i'.\vryi�t�a�,iv.i �tb\v.1[i\u�`c�l[�rciaN.t1'C�GY!SiY�i,C�LC�C'w Lf'�aC�if�`CviN.'�CY.C�CYrf�a.C4C�` State of California County of Riverside On r7 " o� / 'd al Date personally appeared before me, Linda Rocha, Notary Public Here Insert tJame and Title of ttie Officer �re� �i n -�z, v Name(s) of Signer(s) LINDA'� RO A Commisslon # 1777932 < �u . Notary Publlc - CaUfornla £ _ � Rlverslda County - � MyCdtxn. Dq�Yes Nov 23, ZOl l� � , � 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 m ha and official,s�a . i ' �, �� Signat e Signatur�'oi Notary Public OPTIONAL Though the informafion below is not required by law, it may prove valuab/e to persons relying on the document and cou/d prevent fraudulent removal and reattachmenf of this form to anoiher 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 O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee � Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: O Individual O Corporate Officer — Title(s): � , . , , , O Partner — 0 Limited ❑ General . • � ' O Attorney in Fact Top of thumb here ❑ Trustee � Guardian or Conservator ❑ Other: Signer Is Representing: • � ��'� Top of thumb here �2007 National NoTary Assoaation • 9350 De Soto Ave., P.O. Box 24D2 • ChatswoM, CA 91313•2402 • www.NationalNotary.org Item k5907 Reorder: Call Toll-Free 1-800-8766627 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY Of CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 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,constitute and appoint ***Ann Wiilard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly or severally*** as their We and lawful Attomey(s)-in-f act, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts oi surery• ship giving and granfing unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could 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 presents, are hereby ratified and confirmed. This Power of Aqomey is granted and is signed by facsimile under and by authorriy of tl�e following resolutions adopted by the respecdve Board of Dfrectors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, efiective as of January 1st, 2008. RES�LVED, that the chairman of the Board, the President and any Vice President of the corporaGon be, and that each oi them hereby is, authorized to execute Powers ot Attomey, qualiiying the attomey(s) named in the Powers of Attomey to execute, on behaif of the corpora6ons, bonds, undertakings and contracts of suretyship; and that the Sesretary or any Assistant Secretary o1 the corporetions be, and each of them hereby is, authorized to attest ihe execution of any such Power of Attorney; RESOLVED, FURTHER, that tl�e signatures of such officers may be affixed to any such Power of Attomey or to any cer�ficate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affaed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. • IN WITNESS WHEREOf, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have se��erally caused these presents to be signed by their respective Vice President and attested by their respecbve Assistant 5ecretary this January 1st, 2�08. � �� Stephen T. Pate, Senior Vice President By: (.��e�t-E%�+O Charles L. Day, Assistant Secretary State of Cal'rfomia County uf Orange On January 1st. 2008 Date personally appeared before me, `Sy AND j�; ..........,, � 4 �PORq f� OCT. f0 1936 Christopher J. Roach, Notary Public Here Insert Name and Title of the Officer Stephen T. Pate and Chades L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to � the wifhin instrument and aeknowledged to me that helshelthey executed the same in hisRierltheir authorized �� capacity(ies), and that by hismerltheir signature(s) on the instrument the person(s), or the entlty upon behalf of which the person(s) acted, executed fhe instrument. � ��. � �i-0�� A� I oertify under PENALTY OF PERJURY under the laws of the State of Cal'rfomia fhat the foregoing paragraph is � I true and correct. Abi qa� �I�Y t9, �d1'1 �` � ��' WITNESS my hand and offi 'al seal. . Place Notary Seal Above Signature �� Ch ' er J. Roadi CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in fuli force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in fhe Power of Attomey, are in force as of the date ot this Certificate. This CerGficate is executed in the City of Irvine, Califomia, the� day of ��»' ,�,jp9• By: Albert Hillebrend, Assistant �retary ID-1360(Wet}(Rev.07107) City of Palm Desert ADDENDUM NO. 1 for LANDSCAPE MAINTENANCE AREA 6 Project No. 906-09 Contract No. C28690 issued April 16, 2009 IMPORTANT NOTE: RECE/PT OF TH/S ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL � f ,� �PP�tt£7�VED BY �`� - , �' , � - / / � ;� s � , "��A: _� � ;s � f �� J f , _., % �` �tlf ...lt`�,.Y✓�'t�{..�:.�'G��'� � ��►�z�t c�u��rw�►�a, �►:E. DIRECTC�R OF PUSLIC WCyRl�S 73-510 FREU WARiNG aRiYE PA�.M �E�ERT} CAL1Ft�R�ilA 92�6� . �r ;�/� � �,,`l�`� � ��-�' � �� 9� ��f�% ; �' rJ�� f� �� :,.�.� -{' � �� - � � ��►� � � �� -N��.�� LANDSCAPE MAINTENANCE AREA NO. 6 PROJECT NO. 906-09 CONTRACT NO. C28690 ADDENDUM NO. 1 This addendum changes the original Contract Documents and Specifications, for the above-named project, in the following manner: • Language concerning irrigation repairs and maintenance is amended. • A requirement for the cleaning of filters is added. • A requirement for the adjustment and cleaning of irrigation nozzles is added. • The Frequency Schedule attachment is corrected. Instructions to Bid Document Holders: Replace the pages of the Contract Documents and Specifications packet with the attached corresponding pages, as follows: 1. Replace page 34 with page 34 (r.1). 2. Replace Attachment 2: Frequency Schedule Landscape Maintenance Area 6, page 39 with Frequency Schedule Landscape Maintenance Area 6 Addendum No. 1, page 39 (r. 1). SPECIFIC TERMS AND CONDITIONS (CONTINUED) D. All damage resulting from Contractor's maintenance operations, including but not limited to mowing, pruning, weeding, and trash removal shall be repaired or replaced prior to the end of the work day or as directed by Public Works Director or his designee, at Contractor's expense. . E. Irrigation repairs and maintenance are limited to the replacement of drip emitters and the cleaning of filters. City will supply the drip emitters. All other irrigation repair work will be at City's discretion and if Contractor is requested to do the work it will be on a time-and-materials basis per the Extra Work Pricing Schedule. F. Prior to commencement of the contract, the Public Works Director, or his designee, and Contractor will pertorm an irrigation inspection. The purpose is to allow Contractor and the City representative to observe and note any potential problems with the irrigation system. These problems may be resolved with the current Contractor or with the successful Contractor on a"one-time-only" extra work basis. After a specified time frame for corrections, Contractor will assume responsibility for maintenance of the irrigation system, per frequency schedule, with the exception of the controller operation, which will remain the responsibility of City. G. City reserves the right to supply any or all parts for irrigation repairs. If Contractor supplies the materials and/or the labor then City shall be billed by Contractor based upon the pricing schedule provided to City as part of this contract. H. Contractor shall return irrigation parts that have been replaced due to damage or malfunction to the Public Works Director or his designee. When making repairs, Contractor is responsible for adjusting sprinkler heads and valve boxes to a level that will prevent their damage by maintenance equipment or pedestrian traffic. Damage caused by improper height adjustment will be repaired by Contractor at no cost to City. Contractor shall be responsible for all damage done to irrigation components as well as to any plant material affected by Contractor's personnel or equipment during maintenance operations. J. Contractor shall provide personnel who are fully trained in all phases of irrigation systems operations, adjustments and repairs for irrigation systems used in the landscape maintenance area. Contractor shall provide personnel capable of effectively communicating, in English, with City representatives. K. Irrigation time schedules shall be adjusted seasonally by the Public Works Director or his designee. All controller operations are the responsibility of City. At no time will Contractor make changes to the controller schedule. L. Point-of-connection (POC) filters shall be cleaned per the Frequency Schedule and new chlorine tablets installed at each cleaning. Valve filters shall be back- flushed out per the Frequency Schedule and new chlorine tablets installed at each cleaning. Contractor will supply all chlorine tablets. 34 (r. 1) _---- ATTACHMENT 2: FREQUENCY SCHEDULE LANDSCAPE MAINTENANCE AREA 6 ADDENDUM NO. 1 ACTIVITY 1 2 3 4 5 s 7 8 9 10 11 12 Prune shrubs, hedges, ground covers Safety-prune plant material Irrigation inspection Irrigation emitter repair/replacement Remove weeds* (see below) Remove plant flower stalks Rake DG areas Rake non-DG areas Clean walks, curbs, gutters, hardscape Litter removal Point-of-connection (POC) filter maintenance Valve fifter maintenance FREQUENCY K (Bougainvillea - I) M O M G M I I D D I G * perform task in all areas at the minimum frequency indicated (more often if needed) 39 (r. 1) APR/2��/2�� Si�rr,d Lanctsca�e (�o. FA� No. 750 328 �944 P, �01� Q(]8 � �� L�1ND,�CA�� Wednesday, Apri129, 2Q09 Mark Greenwood Director nf Public'�'arks City of �'alm Y7esert 73-510 Fred Waring Dri�ve 1°alm beserr, CA. 92260 Project: �.aacidscape Maintenance Area 6— projeoti 1Vo. 90b-09 — Cnntract No. C28690 �: �id protest Dear Mr. Crreenwoad, Sierra Landscape Ca. is hereby protesdng the bid submitted b� the apparent lova bidder, Teserra, based pn the fallowing: Accarding ta the Contract Documents, �'age 8, Qualificat9ons of Bidders: `1Vo awrud will be made io any bidder who c�rnuot g►ive satisfactory assuranee to City rrs tv its owi: ability tp carry put the contrqcct, 1�uth from its fanancial stanc#ing and by r�aso� vf its previouS experferrCe as a canirrtctor pn work of tl�e nature cor�ten�plated ir� tl�e �4l�traG� Tlae bidrier may ]ie rer�uired to sYr6rr�lt �'ts recowrX af ►vork af simllar rrrrt�cr� ta t��at praposed under tleese s„peciftcatia��s, a�:d u�}'amilitu�ity with tlre type of wark may be suffieient enuse for rejectton of btd: " The apparent law bidder, 7'eserra, has no experience with �'ublic 'VVoz�ks 1Vlaintenance Contracts and has never performed a Fublic Works Maintenance Praject. Sierra Landscape Ca. takes the position that the a�parent law bidder, 2"eserra, is therefore nat qualified to perform the wor�C, required of this cQntract due to tt�,eir Iack o� experience and unfamiIiarity with this type of �cvork. �'lease contact aur cozpor�te office if there are any questions or con.cems regarding this matier. Corrli , e f'ronzalez esident CC: Tesarra 73�771 Dinah Shore �rive, Suit� 200 • Ralm D�sert, CA 92211 • 760�328�89Q� Offtce • 760-328-$�44 Fax www.sierralandscape.cam • Lie. No. 49�834 Contract No. C28690 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 "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 Eighty-Four Thousand Three-Hundred Ninety-Six ($84,396) 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. C28690 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. Page 2 of 3 Contract No. C28690 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 TESERRA OUTDOORS Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Page 3 of 3 COOK STFRANK SINATRA DR PORTOLA AVEPORTOLA AVECOUNTRY CLUB DR COOK STCOOK STLandscape Area 6 Le ge nd LMA 6 Palm Desert Parcels City Boundary I 1 inch = 800 feet