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Home My WebLink AboutC22860 Steven Burt & Associates - LMA No. 4CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C22860 for Landscape Maintenance Area No. 4 to Steven Burt & Associates SUBMITTED BY: H. Spencer Knight Landscape Manager CONTRACTOR: Steven Burt & Association 78-755 Darby Bermuda Dunes, California 92203 DATE: July 8, 2004 CONTENTS: Agreement Vicinity Map Recommendation: By Minute Motion, reject the low bid submitted by Sunflower. By Minute Motion; award Contract No. C22860 for Landscape Maintenance Area No. 4 to Steven Burt & Associates, in the amount of $134,750.00. Discussion: On June 16, 2004, the City Clerk for the City of Palm Desert advertised and called for bids for Landscape Maintenance Area No. 4. On Thursday, June 24, 2004 at 9:00 A.M. the bids were opened and read aloud. The results are as follows: Sunflower Steven Burt & Associates Shadow Palms Pac West Land Care, Inc. (Indio, California) (Bermuda Dunes, California) (Indio, California) (Palm Springs, California) $ 82,874.00 $134,750.00 $142,725.00 $165,341.00 Staff has reviewed the bids and considers Sunflower's bid as non -responsive. The bid amount will not allow for the adequate execution of the contract. Sunflower Landscape is the current vendor for this landscape maintenance area. Staff Report -Award Landscape Maintenance Area No. 4 to Steven Burt & Associates Page 2of2 July 8, 2004 Their performance over this last year has not met City of Palm Desert standards. During the year that Sunflower Landscape has been responsible for this landscape maintenance contract, they have received numerous verbal warnings for contract non-compliance, which have resulted in twenty-five (25) written notices. Of the written notices staff had to resort to the fine process on ten (10) different occasions to bring about compliance. Although other City landscape maintenance contractors have received verbal and written notices, the number of written notices have been less and rarely has staff had to resort to the fine process to bring about compliance. In working with this contractor, staff estimates that it takes an average of ten (10) hours a week of additional staff time to manage this contractor in comparison to other City landscape maintenance vendors. This translates into an estimated yearly cost of $ 21,000.00. Therefore, staff recommends by minute motion, the rejection of the low bid submitted by Sunflower and award Contract No. C22860 for Landscape Maintenance Area No. 4 to Steven Burt & Associates, in the amount of $134,750.00. Funds are available for this program in 110-4611-453.33-70. Submitted By: cer fight pe anager City Manager /jl Depajtment Hea Michael Errante, P.E. Director of Public Works Fina ce • irect G:�PubWorks\Staff Reports12004\July 8\LMA No. 4.doc Contract No. C22860 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 8th day of July 2004, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and STEVEN BURT & ASSOCIATES, referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on July 8, 2004, 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: (1) TERM. The term of this Agreement shall be from August 1, 2004 through June 30, 2005, or to such later date as may be agreed in writing between parties. (2) 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 One Hundred Thirty Four Thousand Seven Hundred and Fifty Dollars and 00/100 ($134,750.00) as set forth in the Contract Documents and adopted by the CITY. (3) 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. (4) 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. Page 1 of 4 Contract No. C22860 (5) 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. (6) 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. (7) 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. 0; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and CITY issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) 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. Page 2 of 4 Contract No. C22860 (9) 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. (10) 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. (11) 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 (12) 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. (13) 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 STEVEN BURT & ASSOCIATES A Municipal Corporation Contractor ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT, CALIFORNIA Page 3of4 Contract No. C22860 ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MICHAEL ERRANTE, P .E. PUBLIC WORKS DIRECTOR/ CITY ENGINEER Page 4of4 g P0.10t AAA 1%3 8 0 0 OEPCwyfl.. 6,7.4" C.S0.4 STRal 0 5 3 c-\ I enceqvukty a 1