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Home My WebLink AboutC20991 Extension of Contract - Steven Burt & Associates - LMA No. 5 905-03CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Approve Extension of Contract No. C20990 with Steven Burt & Associates, Inc. for Landscape Maintenance Area No. 5 for Fiscal Year 2004/2005 (Project No. 905-03) SUBMITTED BY: H. Spencer Knight, Landscape Manager APPLICANT: Steven Burt & Associates, Inc. 78-755 Darby Road Bermuda Dunes, Califomia 92201 DATE: July 8, 2004 CONTENTS: Letter from Steven Burt & Associates, Inc. Vicinity Map Recommendation: By Minute Motion, approve the extension of Contract No. C20990 with Steven Burt & Associates, Inc., California, in the amount of $122,816.16 for landscape maintenance services of Landscape Maintenance Area No. 5 for Fiscal Year 2004/2005. Discussion: The subject contract was awarded by City Council to Steven Burt & Associates, Inc. of Bermuda Dunes, California on June 26, 2003. This contract covers the following areas: the Soccer Park, Olson Field, Cook Street Sports Complex and Phase III — Civic Center Park. Steven Burt & Associates, Inc. provided excellent services last year. They have asked for a two percent (2%) cost of living increase over last years contract amount. This would amount to a $2,408.16 increase to the existing contract amount of $120,408.00. Based upon their past performance, staff recommends this cost of living increase. Funds are available in the Park Maintenance Account No.110-4611-453- 3320. G:1PubWorkslStafReports12004Uu/y 81STAFF REPORT Award to Steven Burt #5.dot Staff Report Award Contract No. C20990 to Steven Burt & Associates, Inc. for Landscape Maintenance Area No. 5 Page 2of2 July 8, 2004 Therefore, staff recommends that City Council, by minute motion, approve the extension of the Contract No.C20990 with Steven Burt & Associates, Inc. in the amount on $122,816.16 for Fiscal Year 2004/2005. Submitted By: er ' nig ane Manager Approval: ACM for Deve Department Head: Michael Errante, P.E. Director of Public Works ent Services Finance Director -l-:9-3 City Mana er /jl G:1PubWorks\Sfaff Reports12004Uu1y 81STAFF REPORT Award to Steven Burt #5.dot Jun-25-04 02:14pm From-STEVEN BURT & ASSOCIATES (760)772-3674 760-772-2674 STEVEN BUM' & ASSOCIATES, INC. A LANDSCAPE COMPANY T-859 P.02/01 F-974 June 25, 2003 Spencer Knight City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA' 92260-2578 RE: Contract No. C20990 — Landscape Maintenance Area No. 5 (Project No. 905-03) Dear Spencer, In accordance with the Landscape Maintenance Agreement, Steven Burt & Associates is willing to continue the landscape maintenance of Area 5 and extend the term of this contract, effective July 1, 2004. This year we have been challenged to maintain our operating expenses with the escalating costs of insurance premiums and rising fuel expenses and respectfully request an increase of two percent (2%) in order to help cover these expenditures. We value your business and thank you in advance for your consideration. Sincerely, dpi7 ullahy Manager of Business Development 78-755 DARBY ROAD, BERMUDA DUNES, CA 92201 PHONE (760) 772-3673 FAX (760) 772-1674 Received Jun-25-04 02:12pm From-760 772 6674 To -PALM DESERT CITY CLE Pais 02 wool 4"r `- arommemii471 pn'i b 0 000V 9 - easy aoin.Jag eoueua1u!eJ edeospuei pelepi(osuoJ i 31V15 aLJ J�h�td3 r O X31dWOOO��O 13321 xoCC�O -1 Ncr C21 >19d15JA`vH — — — 15 3NIA3dV?1O 033Yd13 N ii 27c E 3SVHd 2131N3) 1313 11111, DIn1D Va 23a s The� NO>1O V153N9VL1 NSVd 213DDOS 1213S3a W'1Vd 1SV3 3Nt 1 J,31 AOH b0 erns t N(O is &J en-io JJJ1Nno� 21(3 Vb VNI `INV213 0 U r U fl ri Contract No. C20990 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 approved a contract 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, July 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 Twenty Two Thousand Eight Hundred Sixteen Dollars and 16/100 ($122,816.16) 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. C20990 (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. 1, 2, and 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. (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. C20990 (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 3 of 4 Contract No. C20990 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