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HomeMy WebLinkAboutC28960 - Park Maintenance - SOUTH Contract No. C28960 CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT REQUEST: Award the Park Maintenance Contract South Area to Teserra, Coachella, California. SUBMITTED BY: Jay Niemczak, Parks Facilities Manager CONTRACTOR: Teserra 86-100 Avenue 54 Coachella, CA 92236 DATE: May 21, 2009 CONTENTS: 1. Agreement Recommendation: By Minute Motion: Award the Park Maintenance Contract for the South Area in the amount of $73,404.00, plus extra work and supplies not to exceed $20,000, to Teserra, Coachella, California. Discussion: On March 25, 2009, Staff advertised and requested bids for the Park Maintenance Contract South Area that consists of Ironwood Park, Haystack Park, Washington Charter School, Cahuilla Hills Park, Palm Desert Community Gardens, Homme/Adams Park, and Palma Village Park. On Wednesday April 29, 2009, sealed bids were opened with the following results: Teserra, Coachella, CA $73,404.00 Sierra Landscape Company Inc., Palm Desert, CA $78,960.00 Marina Landscaping Inc., Anaheim, CA $102,120.00 Kirkpatrick Landscape Services Inc., Indio, CA $123,840.00 Mariposa Landscaping Inc., Irwindale, CA $144,600.00 Vintage Associates, Bermuda Dunes, CA $156,000.00 Midori Gardens, Santa Ana, CA $207,828.00 At the May 7, 2009, City Council meeting, Staff requested that the Council reject all park maintenance bids due to the absence of a Performance Bond in the contract documents. Staff Report Award of Park Maintenance Contract South Area May 21, 2009 Page 2 of 2 Teserra, the lowest bidder requested that the City Council allow the maintenance contract to be awarded. The City Council asked if Teserra could provide a Performance Bond, and they responded yes. Therefore, Staff recommends the City Council award the Park Maintenance Contract for the South Area with an optional one-year extension to Teserra, Coachella, California, in the amount of $73,404.00, plus extra work not to exceed $20,000.00, and authorize the Mayor to execute the Agreement. Funds have been requested for this work for Fiscal Year 2009-10 in the Parks Account No's. 110-4611-453-3320 ($71,862.00) and 880-0000-239-9100 ($21,542.00). Submitted By: De artment Head: ��_ Jay Ni czak nis Steele Park acilities Manager rks and Recreation Services Manager Appr al: Homer Croy ,. Paul Gibson C f r � eve ent Services Director of Finance ;' h ohlmuth CiTYCOUNCILA�C�'`ION it Manager APPROVED DF,N�;D RECEIVED OTHER MEETI G DA � -� AYES: 3� N�ES: ABSENT: ABSTAIN: V�RIFIED BY: Original on File with City k's Office G:IDevServicesUay NiemczaklMaintenance Contrads12009-10 maint contractslCONTR.4CT AWARD PARK MAINr SOUrH.doc Contract No. C28960 AGREEMENT Park Maintenance Contract THIS AGREEMENT is made and entered into the City of Palm Desert on this 21 day of May 2009, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and Teserra., hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on March 25, 2009, the CITY invited bids for park maintenance services south area 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 ageed 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 of seventy three thousand four hundred four dollars 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 tharoughly 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 4 Contract No. C28960 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 wark 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; General Terms and Conditions; Specific Terms and Conditions; Bid Submission Form(s), Addendum Nos.O; 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. Page 2 of 4 Contract No. C28960 AUDIT. CITY shall have the option of inspecting andlor 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. 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. THIS SECTION PURPOSELY LEFT BLANK SIGNATURES FOLLOW ON NEXT PAGE Page 3 of 4 Contract No. C28960 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 CONTRACTOR ROBERT A. SPIEGEL, MAYOR �To BE NOTa,x�zED� CITY OF PALM DESERT, CALIFORNIA ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK JANIS STEELE CITY OF PALM DESERT, CALIFORNIA PARKS AND RECREATION SERVICES MANAGER APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY Page 4 of 4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Teserra hereinafter designated as the "Principal", a contract for: PARK MAINTENANCE CONTRACT SOUTH AREA WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Teserra the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of seventy three thousand four hundred four pollars ($73,404.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and perFormed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner 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 attorneys' fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER