HomeMy WebLinkAboutC28700 - LMA No. 7 (907-09)Contract No. C28700
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST:
SUBMITTED BY
CONTRACTOR:
DATE:
CONTENTS:
Recommendation:
1,
2.
3.
Award Contract No. C28700 for Landscape Maintenance Area No.
7 to Teserra Outdoors of Coachella, California (907-09)
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:
Award Contract No. C28700 for Landscape Maintenance Area No. 7 to
Teserra Outdoors of Coachella, California, in the amount of $54,624;
Include extra work and services at the specified contract amount, not to
exceed $50,000; and
Authorize the Mayor to execute the contract.
Funds are available in their respective Landscape and Lighting Assessment District
accounts.
Discussion:
On April 4, 2009, the City Clerk advertised and called for bids for Landscape
Maintenance Area No. 7. Bids were opened and read aloud on Tuesday, April 28,
2009, at 3:00 p.m. with the following results:
Staff Report
Award Landscape Maintenance Area No. 7
Page 2 of 2
May 21, 2009
Contractor
1 Teserra Outdoors
2 Sierra Landscape Co., Inc.
3 Hort Tech, Inc.
4 Kirkpatrick Landscaping
5 Vintage Associates, Inc.
6 Mariposa Landscape, Inc.
Location
Coachella, CA
Palm Desert, CA
Bermuda Dunes, CA
Indio, CA
Bermuda Dunes, CA
Irwindale, CA
Contract No. C28700
Price
$54,624.00
$67,464.00
$96,000.00
$99,960.00
$108,000.00
$110,755.87
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.
C28700 for Landscape Maintenance Area No. 7 to Teserra Outdoors of Coachella,
California, in the amount of $54,624, 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 $54,624 represents a 36% savings ($30,756)
over last year's contract. Funds are available in their respective Landscape and
Lighting Assessment District accounts.
Prepared Bv:
H. p ncer , ight
La s ape I�nager
App al:
�Homer CroyL
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Dep rlead:
Mark Greernwood, P.E.
Director of Public Works
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Paul S. Gibson � �
A or vel S rvices Finance Director Z
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City of Paim Desert
Contract Documents and Specifications
for
LANDSCAPE MAINTENANCE AREA 7
Project No. �907-09
Contract No. C28700
�
APPROVED BY
� , ,
. �� .
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. - 'i� ...,�.,-f�" ",•r - 1';.� .
` MEARK GFtE�NW0013, P.E.
DIRECTOR t]�F PUB�IC IIhfOF�KS
73-51U �RED WARING DRIVE
PAL.M QESERT, �ALIFQR�M1�# 92260
April 2009
CONTRACTOR'S PROPOSAL SUBMISSION FORM
LANDSCAPE MAINTENANCE SERVICES FOR CONTRACT C28700
LANDSCAPE MAINTENANCE AREA NO. 7
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 Generaf Terms and Conditions, and the Specific Terms and Conditions
accompanying the Invitation to Bid; that he/she is thoroughly familiar with the contents
thereof, and is authorized to represent the bidding firm and propose services to City of
Palm Desert.
It is understood that the price shown hereon includes all routine and seasonal
maintenance described in the specifications.
For each item, the averaged one-month maintenance cost shall be indicated and the
total of these costs shall be extended for the term of the contract.
CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE
11
CONTRACTOR'S PROPOSAL (CONTINUED)
SPECIFIC TERMS AND CONDITIONS LANDSCAPE MAINTENANCE AREA NO. 7
BID LOCATIONS
� . n:-°��`x� "Ci�SCRtP.TION' _ : AREA-': �',' � �
-t:� _.y�:� - -
:"�=>'
..;n�:-�4:�. ��� - (sq:f#:} r��>,`.y:
:�_� . ��:E=j,. z � . -_ _ . , . . �. :.�_
�• ,
1 WARING COURT ;`:�:r�
2 VINEYARDS f ; '':��
3 PORTOLA PLACE '���
4 THE GROVE � �ra��-� •
�� .:-- �,�
5 PALM GATE �" `''��-����
� �:;:...�..
6 PRIMROSE 11 ;:`�:;�.���s
'`q=�<� �._�
:S.z.
7 DESERT MIRAGE �'����*- . '�`
:.^"tAP.`= t
8 CANYON CREST y"�`��`��`'�'' '
9 COLLEGE VIEW ESTATES I '"
10 COLLEGE VIEW ESTATES II .,'�
11 SUNDANCE WEST �.�
12 SUNDANCE EAST �'��
13 PETUNIA { �;:;
14 BOULDERS Iv{;
15 KAUFMAN & BROAD I�S:'
16 pALM DESERT COUNTRY
CLUB c�f
17 PRESIDENTS PLAZA I 8� II �'`
18 PRESIDENTS PLAZA III ���
THE GLEN
o MONTEREY MEADOWS
�I
a SONATA I
� � SONATA II I
� I HOVLEY ESTATES
o I � PALOMA I
� I LA PALOMA II
v~i I LA PALOMA III
S I HOVLEY COLLECTION
g` SANDPIPER COURT
I SANDPIPER COUR7 WEST
J , HOVLEY COURT WEST
O I DIAMONDBACK
= PALM COURT
19 ROVLEY LANE WEST TOTAL:
TOTAL
8,248
3,160
10,044
19,320
10,624
9,830
9, 830
3,600
22,120
10,100
10,100
12,675
3,600
3,600
136, 851
** Landscape Areas Onl�y *i'`
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6,320 $ . (1 11 y $ 1 � � t� $ �� �LJC)
5,881 $ � (� il $ %`7�C� $ by,�
18,415 $ , 8 � �� $ �.�O.G� $ oC�,�O, C�(l
7,szo $ � � ;i�( � S4,00 $ ► i��`�.0�
5.370 $ . c� 1('� $ %�� Ck� � � �'� . C)C�
22, 998 $ .� i 1� � m�-�+� � bC7 $�j p �i�'j. C.J�
16,782 $ . (� il � $ 1 `i �,� Ot� $a,�C.t��C. ��
11,920 $ ,Q(�c-( $ (3���� $ ��0�1.�•�U
a,�5s � .o,t�-d � °13.0� � ltl �,,b�
s,soo $ , � E c�f $ '� S. � � °IO(�� �J
6,960 $ , � l l� $ � 6 . C;C7 $ � (�vQ b �
9,660 $ .Q�i�'� $ i��,�it� $i�i��i`�,�0��)
3,soo $. o e l�f $�f l. t� $ �I� � y c�o
43,628 $ . U' � l'� � �f � �� OC� $ ��1 7 G� • �
Z�,o4� $. o � ��i $ 3v�, o� � 3�� ��. c�
16,193 $ •b J��-i $ ��i�.� $ aa�c�,bL�
31,865 $ ,C1P1�-f $ . �,��G� $L%�($�CX�
� $ icJ[l�i $ ��, d� $ l��a�C�c�
_ $ . � ri� $ 3� � �c� � N.��, c�c�
' ` $ ,ra t��Y � Il�b �O � 43g�,�
�� $ _c� ll'� $ G .�..a, � $'d,(o�0� a`L
� ,.. :. �`���� $ e 0 l l l $ � �.d `� $ /t%4�7 � O�
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�� ��;� �::�t�-: � . o, ) y $ �f �, � � �.�� ���'Q �
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'"�"`��"��' :``-�t�'��, $ ,� i!`I $ t��Ja.O� $ 2��,�/,C�C?V
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.t�,' i��;'.",.�.�.�},k;��,' ; $ t � � � I � � � � F V � � l � V d �
i::. ��`�k��',:z �
�„'a,'�l� �� - .ti $ , a I►�1 $ � �''. � $ I� J CX7
r`'�'"'���.: - �°��, $ , b I 1 � $ i� � : CY.a $ i7 ``�(J C�V
`,t� �: F:.b�;" �
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`;:;';�::�.�
�°<��:.. . $ �ott� � �.rCJ� $ Sb�/,GSC�
136,851 $ .0 11+�/ $ l�i�� �1i� $ ��il �7�. �JC�1
397�830 N/A Z��J�e� s ��/�'��`�o
ICONTRACTOR'S PROPOSAL CONTlNUED ON NEXT PAGEI
12
CONTRACT�R'S PROPOSAL (CONTINUED)
TOTAL AMOUNT BASE BID IN FIGURES $ �`�I r� d,�lt CJ�
TOTAL AMOUNT BASE BID IN WORDS � �� f' �r �v� I�'��v�.:� �r`; � i�
��lN1�Q.�� � 1n►e1J��� �ai�'SL��o�_�.Q4�- �.
NOTE: Bids received from contractors who did not attend the Mandatory Pre-Bid
Meeting will be considered non-responsive.
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.
I ,� � ��' ��1 w��'�;�
COMPANY
��' f �� f�V� S� �- t'v ��X ���0
ADDRESS
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TELEPHONE
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BID P
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SIGNATURE
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FAX
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TITLE
'�/!�-�/c�`�
DATE � �
TECHNICAL ABILtTY 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)
- : �;i��:.-��.,,.,�_,,...�.:�:�:.�:. _ -- _ --
"� ������ N�t�S .�: ;:i:� - -ry:'
. . . . � ���,� �... .�� . . _ . _ .. .
Contract Completion
Amount Class of Work Date Contact Person
1$ � t�'� ���., w i.f'v 1��.�`-�C�i�"�'-.
�� � �r �,s..
_ �.�.J � �c'U� � ' �_._.
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1
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� �.s N�;'S ��'r k � �'
F .. . ��/t' I�A>�. a�l.�Clit Name
�./�'� � � . 1
v� a� l,c,{t_��Q�t;tei*� EusinessName
��l�l.��, �l�-.}r1i�� Address
��� I'��l�f �' f ��� Phone
�.��' �E � ��
��i� ..�� �[.�..�''1a►'� �v Name
�f`1 � l''Q �t -� �1 �� S11?'Eui SBusiness Name
' pYj� (��1 )J � �t � ,��,Q L� �,Address
��l�r �-L�7-'��vV phone
3 $ � �..�o � l`i �� � I,����-'Y' . �t1��C�4-� J:r-rn N �`� �T. Name
���'v N��-� T1���I C� Business Name
d���.��o ���JrJ F�'Xw �Q,V��dFess" ' -I�(�
7 y�—� O I'� /~/ 6� 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.
� � s ��� u, � I z �-- l� � v � �- �I �-C��c� C �.,�. w 3 �. � � � � t�a ��,
E� � 1�R�� � "% — � �e.� r��� � ���� �� �t� .,,� :.i �.���,A�--� � � �i � .�
1 --,
C�c�� �v �� . d � �.��+� �iv i Z �. � 1�.'�a o NF .r� `fi� n� �� �� ',�
/,� N1�S��� �� �i�����. i� �..� � c��.r��i ���@!4� � � � � �-
��� ,��,�,� ��-���' ���'�,. � UP� � ��� ������ iry �y�,�, ,
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y��� � �'�"� � � 2.� S (7 (�`\ �1 �} 11f�Y ��45'�S >- �-'��C�t�i Iv � I C� �-�
'��a '��.s � ����� � v���:Q � � � ��� �� ���
CONTRA TOR'S PROPOSAL CONT/NUED ON NEXT PAGE
14
CONTRACTOR'S PROPOSAL (CONTINUED)
CONTRACTOR'S PROPOSAL SUBMISSION FORM
INFORMATION REQUIRED OF BIDDER
NO BlD WILL BE CONSIDERED UNLESS THIS DOCUMENT lS COMPLETED /N FULL
ALL APPUCABLE /TEMS MUST BE FILLED OUT
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
r- ,/� �`
(1) Address ���i�i�� ��� J�l ���.�i ���N ��cJ��`o
(2) Telephone No. jC�,V - 3�i cL "' ���oZ
(3) Type of Firm (Individual, Partnership or Corporation) "J�,���'`]'� ��'
(4) Corporation organized under the laws of the State of � rt
(5) Contractor's License No. I��J�ni��ti Exp. Date �c� 3
Contractor hereby swears under penalty of perjury that the information provided
is true and r�-ect.
By: U� `
� " /� Title: �� C CS" �/'��----�_.
Signature (:1` Contractor �
(6) List the names and addresses of all Owners of the firm or names and titles of all
officers of the corporation:
� �
J�r� � � 1 A�.��� �z4 �-��-s, � �a ���, ��a � —l/i=� �r�: �y
�
�AvL �%jc,s �f� .
,
,
C"'�Q� � � �- V le� `� ��
(7) Number of years experience as a Contractor �
(8) Number of years experience with municipal landscaping contracts �--
(9) I.S.A. Certified Arborist Number ��d�- 13`t.5 ,� Exp. Date i.�- i 3�,� i�
(10) Number of ISA Certified Tree Workers with the organization 1
CONTRACTOR'S PROPOSAL CONTINUED ON NEXT PAGE
15
CONTRACTOR'S PROPOSAL (CONTINUED)
(11) Local O�ce
Address: ��"� �� 1`iv� �1
�'-�a���� � �'A ���a�
Phone: (i �?) .5�1 `� �� �ot �.
(12) Emergency Contact Person
Name: �A rS PJ vj � U E r'_ i�1
Phone: C ���� �, � ' 3 '��
(13) 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 a/l subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
Subcontractor's Name: �c �^, �„r,1r� �~ <��.11 �C � �
License Number: � � ��
�,. ,---,
Add ress: �� `�i �' � S 5 �.A �.. � �� � � ��i2�. ��-v 1�.A �.� �rc��' (��4 % �. �- v.�
,
Telephone: � �ncl —�i ��^ `� � I �
Work to be performed: c� ��'�, y•�- �,�.
(14) List the name of the person who inspected the site of the proposed work for your
firm (� fiS� 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
G ��z �J���
�� _
'� �� ~- 3`� � � ����-
(17) Contact person:
Name (print)
Tetephone
�, ���� � � �c �
7 � c� -.' °��l� -- � _1�1--
16
ATTACHMENT 1: EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA 7
LABOR
Additional Laborer $ �S�'� per hour
Additional Irrigator $ �5��� per hour
Additional Supervisor $ 4S �� 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 $ �1.40
5-Gallon Shrub Installed
15-Gallon Shrub Installed
15-Gallon Tree Installed*
24"-Box Tree Installed*
30"-Box Tree Installed*
36"-Box Tree Installed*
$ ��� �
$ ��i �
$ 1 �.� . � c�
� 2 �c�, oc�
$ �' �'C".,� , �i U
$ �i 0 0. c�
Note: Anything over 36" box size will be paid at the contractual hourly rate plus
materials with a 15% mark-up.
"To include the following: digging of hole, setting of tree, backfilling, watering in of tree,
staking (if needed), and securing with cinch ties
TURF MAINTENANCE
Hybrid Bermuda (sod only), installed
Overseeding
(seed application only)
Labor & Equipment
$ � r� � per sq ft
$ °� 7 per 1,000 sq ft
Mowing: Labor &�Equipment $, �� per 1,000 sq ft
At City's discretion, additional work may be paid for using hourly labor rate and
materials plus 15% mark up on materials.
41
AFFIDAVIT OF NON-COLLUSION
TO BE EXECUTED BY BIDDER AND SUBNIITTED WITH BID
LANDSCAPE MAINTENANCE AREA NO. 7
PROJECT NO. 907-09
CONTRACT NO. C28700
STATE OF CALIFOItNIA)
) SS
COUNTY OF RIVERSIDE)
�r� H//?�'Z , being first duly sworn, deposes and says that he/she is
of Teserra�l , the party making the foregoing bid; that the bid is not made in
the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and neither collusive nor sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit,
or cost element of the bid price, or of that of any other bidder, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid.
�=
By: �/� r � C�f �� ��. �'
Signature (C�I�'RACTOR) Title (CONTRACTOR)
/
State of California
County of ������
Jurat Certificate
IINDA ROCHA
Commission # 1777982
_ ,-a Notary PubBc - Calffornlo �
R Rlverslde County
� W►YCcrtxn. F�pes Nw23, 2011 C
r�
Subscribed and sworn to (or affirmed) before me on this �� day of
�t' i 1 (month), 2C`� f� (year), by � � ��+'1 �"L_. ,
proved to me on the basis o atisfactory ce to be the person(s) who appeared before me.
Signature of Nota + .�fi[-�' �- (Seal of NotarY)
� .
COIYTRACTOR'S PROPOSAL FOLLOWS
i[��
*..� ;,. -
* ._ _. , .. ..
DATE: 4-23-09
, , i. ' :.
BID BOND REQUEST
FAX TO: (303) 225-8034
CONTRACTOR
Teserra
i,Gtv i AC i: James D. Harebottie
DATE & TIME OF LETTING: April 28, 2009 (a� 3:00 PM
`•3i3r:�-.r,,;t�::, i�;.>.c.�r;,nc,�:: `.. :;r�,i�:.�, :
a�+:iCat) ::�. t..�l'.7<:�' «t. `;�z:�i•:. _'<i�..i
J'�f?s+:;l". �:�J �;C3:��;;
�;`.�:�} 17 : �'i(,�:�ii f�",'t;.'�. �
�;iCJ') %>?; ��: �';;`; , , .
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.: 907-09
NAME AND LOCATION OF PROJECT: Landscape Maintenance Area 7
Palm Desert. CA 92260
AMOUNT OF BID BOND (%): 10 * NUMBER OF COPIES: 1
PROJECT ESTIMATE: $ 85,000.00 .
NAME & TELEPHONE NUMBER OF ARCHITECT/ENGINEER: Mark Greenwood. P.E.
(7601346-0611
TIME FOR COMPLETION: 365 days RETAINAGE %: 10
LIQUIDATED DAMAGES: $ NA
MAINTENANCE (WARRANTY) PERIOD: NA
PERFORMANCE/PAYMENT BOND(S) REQUIRED?: ves
Along with this reguest, please fax the /nvitation to Bid. the Provosal/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/ Condifions and the Special Conditions.)
* lF A SPECIAL BID BOND FORM IS REQUIRED - PLEASE PROVIDE A COPY
•
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�:A�:i�s AGEHIS
BIDDER'S BOND
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, Teserra as principal,
and Developers Surety & Indemnity Company ,as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ Ten Percent-� (10% of bid),
to be paid to the said Owner or its certain attorney, its successors and assigns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden principal to pertorm certain work described as follows:
LANDSCAPE MAINTENANCE AREA 7: 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 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 confained on the next pageJ
%`(10%) of the Total Amount of the Bid
20
IN WITNESS WHEREOF, We he�r�unto set our Hands and Seals this 2�th day
of April 20 .
Contractors Name: '�eserra
``
Contractor's Signature: �o i
- � �/
Title: ��1 C -C,: i�/ Z�� �' �.---i .
Address: PO Box 1280, Coachella CA 92236
Telephone: (760)398-9222
Surety's Name: Develoners S{�retv & Indemnitv ComDanv
Surety's Signature:��''�--�� �V 1
(lliane M. Nielsen)
Titie: Attorney In Fact
Address: ��564 Countrry Club Drive, Ste B401
Telephone: �760)360-4700
21
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
� ,i '
PERSONALLY APPEARED:
, BEFORE ME, LINDA ROCHA, Notary Public
Diane M. Nielsen
Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are
subscribed to the within instrument & acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the
person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. �iN�DA ROCHA
Gommisslon � 1777952
! � �.� Notary Publlc - Colifomla �
RlversidA County
Signatur : ��/tl�.- � ��0�''���'��� [
L�inda Rocha, Notary
ALL PURPOSE ACKNOWLEDGMENT
CALI�ORNIA ALL-PURPOSE ACKIoIOVULEDG��AENT
�. \walwbSwsc,�w�;,pA'a.��No.�`�fo.\w�7, a''��. -..�1:�.i�N'oa�'.fcawb.\wo.tw�:.Hdv%A .1.`4�.1wf�.l�ctiibK �`uUt`�c�o.�.,ti�.��uk;.t.�s�.i \..btwo.\�.ti \`�Acaw a�4Y.1`�i .��cto.\Yti <�cY\vsol�Gl`�.c�.\�"`c
State of California
County of Riverside
On '7- o� %-� %
Date
personaliy appeared
before me, Linda Rocha. Notary Public
Here Insert Name and Title of the Officer
� � ��f ��
� Name(s) of Signer(s)
LINDA ROCHA E
Comm►ssion # 1777932
Notary Publlc - Calltornla D
< -�s �
_ , , RfversldA County
� �C�.�esNo�v23.20t1
��
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS y d and officia
Signat re �� � ��
Place Notary Seal Above Signatu�e of Notary PuMic
OPTIONAL
Though the information below is not required by /aw, it may prove va/uable to persons relying on ihe documenf
and could prevenf fraudulent removal and reatfachmenf 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
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
O Corporate Officer — Title(s):
O Partner — ❑ Limited ❑ General
� Attorney in Fact
❑ Trustee
O Guardian or Conservator
� Other:
Signer Is Representing:
RIGHTTH
OF SIGNER
�2007 National Notary Association • 8350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9� 313-2402 • www.NationalNotary.org ttem p5907 Reorder: Call Toll-Free 1-60a876-6827
POWER DF ATTORNEY FOR
DEVELOPERS SURETYAND 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 Gmited, DEVELOPERS SURETY AND INDEMNiTY COMPANY and INDEMNI7Y COMPANY OF CALIFORNIA, do
each, hereby make, consbtute and appoinL
***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointiy
or severally***
as their true and lawfui Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporaBons, as.sureties, bonds, undertakings and contracts of surety
ship giving and granGng 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 corpora6ons full power of substitution and revocaGon, and ail of the acts of said Attomey(s)-in-Faet, pursuani to these presents,
are hereby ratified and confirmed.
This Power of Attomey is granted and is signed by facsimile under and by authority of fhe following resolu6ons adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNIIY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January tst, 2006.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attomey, quaiifying ihe a�omey(s) named in the Powers of Attomey to execute, on behaN of ihe corporaGons, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistent Secretary ot the corporafions be, and each of them hereby is, authorized to attest ihe execubon of any such Power of Attorney;
RESOLVED, FURTHER, that fhe signatures of such oificers may be affaed to any such Power of Attomey or to any cerfificate relating thereio by facsimile, and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or conVact of suretyship to which it is attached. .
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have se��erally caused ihese presents to be signed by
their respective Vice President and attested by their respec6ve Assistant Secretary this January 1st, 2006.
' r��MMMNK��
ay:��7 , .�•.<�c a�a i,� 4.,- —.nPANY„
Stephen T. Pate, Senior Vice President
By: (��+L�ac-t�E��O
Charles L. Day, Assistant SecreWry /
State of Caiifomia
County of Orenge
On January 1st, 2008
Date
personally appeared
before me,
4��P�RRlF
OCT.
10
1936
Christopher J. Roach, Notary Public
Here �nsert Name and Title of the Officer
5tephen T. Pate and Chades L. Day
Name(s) of Signer(s)
who proved to me on the basis af satisfactory evidence to be the person(s) whose name(s) islare subscribed to
� the within instrument and acknowledged to me that helshelihey executed the same in hislherltheir authorized
��� �� capaciry(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entiry upon behalf of
�� ���� which the person(s) acted, executed �!e insWment.
a
� �����A � i certify under PENALTY OF PERJURY under the �aws of the State of Califomia ihat the foregoing paragraph is
���� true and correct.
� Ab� ea0r�. �MeY t9, 2af4 �
�'�' • �` WITNESS my hand and offi 'al seai. . �
Place Notary Seal Above Signature ��
Ch ' er J. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregang Power of Attomey remains in full force and has not been revoked, and furthermore, that the provisions of ihe resolutions of the respective 8oards of Directors of said
corporations set forth in the Power of Attomey, are in force as of the date ot this Certificate.
This Certificate is executed in the Ciry of Irvine, Califomia, the�day of ,Qr�;' , Z��j .
i �r �
By:
Albert Hillebrand, Assistant �retary
ID-1380(Wet)(Rev.07/07)
City of Palm Desert
ADDENDUM NO. 1
for
LANDSCAPE MAINTENANCE AREA 7
Project No. 907-09
Contract No. C28700
Issued April 16, 2009
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED
IN CONTRACTOR'S PROPOSAL
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_ � t �i� �y%t'.Y�����.�',.,�f' ;
.r
MARK C�iREENWOIDD, P:E,
QlRECT4R t�F PUBIIC WQF�KS
73-51� �RED WARiwG E?RIVE
PALM QESEf�T, GALiF{}RNtA 922B0
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City of Palm Desert
ADDENDUM NO. 2
for
LANDSCAPE MAINTENANCE AREA 7
Project No. 907-09
Contract No. C28700
Issued Aprii 23, 2009
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED
!N CONTRACTOR'S PROPOSAL �
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✓ % �'� �,y�T ...../� at� �'' t "4..�:.a�'��.
MARtC +�REENWDt'��, P':E.
I}tRECTfJR t�F PUB�tC WORt��
73-��� FR�b WARlNG Di�IVE
PAL.M DE�ERT, GAL}�C3RNlA 9�260
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LANDSCAPE MAINTENANCE AREA NO. 7
PROJECT NO. 907-09
CONTRACT NO. C28700
ADDENDUM NO. 2
This addendum changes the original Contract Documents and Specifications, for
the above-named project, in the following manner:
• The description of Location #11 (Sundance West) on page 31 is amended to
include the area befinreen Chinook and Kokopelli.
Instructions to Bid Document Holders:
Replace the pages of the Contract Documents and Specifications packet with the
attached corresponding page, as follows:
1. Replace page 31 with page 31 (r. 1).
�>
City of Palm Desert
ADDENDUM NO. 3
for
LANDSCAPE MAINTENANCE AREA 7
Project No. 907-09
Contract No. C28700
Issued Apri124, 2009
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED
IN CONTRACTOR'S PROPOSAL
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APR/2`�/2009iWED [�1; 5� Pr�1 Sierra Lan�suap� r�c}. FAX Pdo, 760 3�8 �J44 F, 004!00�
�
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�AND.�►CAPE
'Wednesday, Apr'r129, 2G09
Mark Greenvva�d
Direcmr af 1'ublic '�Uorks
City of Palm Desert
73-510 Fred `l7V'aring brive
Palm �esert, CA. 92260
Praject: Landaoapa NTaintenance Area 7— project Na. 90'7-09 —�antracE I�o. C28700
RE: Bid Protest
Dear Mr. Greenwoad,
Sierra Landscape Co. is hereby protesting the bid submitted by tha apparent low I�idder, Teserra, based on
the fvllawing:
T. According to the Contsact Documents, Fage S, Qualificaiions of Bidders:
"Np awrrrt�l Wild be �z�tafe tn any �iidder ►vliQ c�ir:npt give sntiSfirctpry aSsrrr�nee R4 G'ity aS tp
�rs ��,� ��rr�ry � ���,�y aur rrse �o,�r,���r, both fronr its�nanciel stcmding and !Sy r�asort nf !xs
prevlo�us expewterace a�s a coratrrrctor or� war�k of tl:e r�atr�re cnrrternpinted �rr B�e cor�tr�ic�
Tlse bidder may be required to submit its record of ►uork of simllaw nnture to t/ir�rpropose�!'
u»der tl�ese speei,/�catiorzs, ah�l a�fm�nal�tarily �vftl� the type of rvork may be suffrcie�rt cause
fQ/ reject6p� pf Gdd• "
The apparent Iow bidder, Teserra, has np experience with kublic Works Maintenance Cantracts and has
never performed a public Works Nlamtenance �roject.
Siena �Sndseape Co. Yakes the positibn thaf Yhc apparcnt loW bidder, Te,serra, is therefore nat gualifzed to
perform the work requued of this contract due to their lacic of experience and uc�famfIrarity With this type of
work.
1'lease contact aur corporate office if there are any questions or eoncerns regardrng this matter_
Cordiall '
�ep On7al�x
� dent
CC: Teserra
73�771 Dinah Shore Drive, Suite 200 • Palm Desert, CA 92211 • 760-�28-890b Office • 750��x$-8944 Fax
www.sierralandscape.com • Lic. Na.492834
Contract No. C28700
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 Fifty-
Four Thousand Six Hundred Twenty-Four ($54,624) 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 shatl be in writing, signed by the Contractor and approved by the City
Council of the City.
Contract No. C28700
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. 3; 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. C28700
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
GERALD FORD DR
WASHINGTON STELDORADO DRWARNER TRLHOVLEY LN W
OASIS CLUB DRTAMARISK ROW D
RCALIFO R N IA AVESAN PABLO AVEPARK VIEW DR
DEEP CANYON RDMAGNESIA FALLS DR
DINAH SHORE DR
COOK STHAYSTACK RDMONTEREY 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
Landscape Area 7
Le ge nd
LMA 7
Palm Desert Parcels
City BoundaryI1 inch = 4,000 feet