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HomeMy WebLinkAboutC23630 Steven Burt & Associates - LMA 6 906-Contract No. C23630 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. 23630 for Landscape Maintenance Area No. 6 to Steven Burt & Associates of Bermuda Dunes, CA (906-XX) SUBMITTED BY: H. Spencer Knight Landscape Manager CONTRACTOR: Steven Burt & Associates, Inc. 78-755 Darby Road Bermuda Dunes, CA 92201 DATE: August 25, 2005 CONTENTS: Contractor's Proposal Agreement Vicinity Map Recommendation: By minute motion, award Contract No. C23630 for Landscape Maintenance Area No. 6 to Steven Burt and Associates, Inc. of Bermuda Dunes, California in the amount of $73,212.00. Executive Summary: On June 23, 2005 City Council rejected all bids from the May 3, 2005 bid opening for landscape maintenance services for Landscape Maintenance Area No. 6 for Fiscal Year 2005-06 and authorized the City Clerk to re -advertise and call for bids for landscape maintenance services for same. In the interim, landscape maintenance services for this area have been provided by Garza Landscaping, Inc., on a month -by -month basis as authorized by the City Manager. This maintenance area is comprised of the Desert Willow Golf Resort perimeter parkways and Desert Willow Drive median. Bids were opened and read aloud on August 2, 2005 for landscape maintenance services for Landscape Maintenance Area No. 6, with the following results: Award Landscape Maintenance Area No. 6 to Steven Burt & Assoc Page 2 of 2 August 25, 2005 Steven Burt & Associates, Inc. Pac West Land Care, Inc. Greenscape Landscape, Inc. Shadow Palms Gardening Service Sunflower Landscaping Garza Landscaping, Inc. Kirkpatrick Landscaping Services, Inc. (Bermuda Dunes, CA) (Palm Springs, CA) (Temecula, CA) (Indio, CA) (Indio, CA) (Indio, CA) (Indio, CA. Contract No. C23630 $ 73,212.00 $ 74,472.00 $ 78,000.00 $ 85,200.00 $ 86,700.00 $ 90,000.00 $106,800.00 Staff reviewed Steven Burt and Associates' bid proposal and determined that all bid requirements have been met. Presently, Steven Burt and Associates are providing services to the City on LMAs 3, 4 and 5 and are contract mowing the Civic Center Park. They have provided good service to date. Funds are available in account 241-4195-495-3320. Therefore, staff recommends that City Council, by minute motion, award contract # C23630 to Steven Burt & Associates, Inc. of Bermuda Dunes, CA in the amount of $73,212.00 for landscape maintenance services for Landscape Maintenance Area No. 6. Submitted By: H�'Spe cer night Landsc pe anager Approva . JHomer Cro� ACM for D pment Services Carlos brteg City Manager /hsk/dhl Department Head: Michael Errante, P.E. Director of Public Works J Paul Gibson Finance Director G iPuDWorkskStaK Reportsk2OM4ugust 250ward Contract LMA 6 C23630 Steven Burt 906-XX doc AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR [TO ACCOMPANY PROPOSAL] CONTRACT NO. C23630 CONSOLIDATED MAINTENANCE AREA NO. 6 STATE OF CALIFORNIA) )SS COUNTY OF RIVERSIDE) Fran Mufiahy .beingg first duly .sworn, deposes and says: that she isManager of Business Developmeo Steven Burt & Associates, Inc. (Insert 'Sole OWNER', "Partner', or other proper title) (Insert name of bidder or other proper title) who submits herewith to the City of Palm Desert, a Proposal; That all statements of fact in such Proposal are true; That such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such Proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Palm Desert, or of any other bidder of anyone else interested in the proposed contracts; and further, That prior to the public opening and reading of Proposal, said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal. (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham Proposal, or that anyone should refrain from bidding or withdraw their Proposal. (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this Proposal price, or that of anyone else. (d) Did not, directly or indirectly, submit their Proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Palm Desert or to any person or persons who have a partnership of other financial interest with said bidder in his business. Page 6 of 40 (e) That no councilperson, officer, agent or employee of the City of Palm Desert, is personally interested, directly or indirectly, in this contract, or the compensation, oral or in writing, of the City Council its officers, agents or employees, has induced them to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms Su ribed and sworn to ref me this o2 otary Public in for sakV- County and Stat BETHANY R. FRANZ COMM. 01394921 NOTARY PUBLIC CN.FaRNA Rye COMITY CM -- iWon JAN.20 20W day of zo �S B Title: Page 7 of 40 CONTRACTOR'S PROPOSAL CITY OF PALM DESERT SUBMISSION FORM LANDSCAPE MAINTENANCE SERVICES FOR: CONSOLIDATED MAINTENANCE AREA NO. 6 TO: CITY CLERK City of Palm Desert 73510 FRED WAKING DRIVE PALM DESERT, CA 92260 The undersigned declares that they have carefully examined the Specifications accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof, is authorized to represent the bidding firm and propose services to 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 DESCRIPTION PRICE PRICE (MONTHLY) (ANNUALLY) 11. Desert Willow Perimeter $ 6.101.00 $ 73,212.00 TOTAL $ $ TOTAL AMOUNT BASE BID IN FIGURES $ 73,212.00 TOTAL AMOUNT BASE BID IN WORDS Seventy three thousand, two hundred twelve dollars. Page 8 of 40 CONTRACTORS PROPOSAL (CONTINUED) The costs of any work shown -or required in the Plan and 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 Plans and Specifications. Steven Burt & Associates, Inc COMPANY .. __.78-755 Darby Road., Bermuda Dunes, CA .92201 ADDRESS ( 760) 772-3673 TELEPHONE Fran Mullahy BID. PREPARED BY �IAATURE / r 760 1 772-3674 FAX Manager of Business Development TITLE 8/2/05 DATE TECHNICAL ABILITY AND EXPERIENCE The bidder must verify acceptable experience of diversified landscape maintenance, which will enable the City to judge the responsibility, experience, skill, and business/financial standing of the bidder. Due to the location and unique nature of the plant material 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 training, experience and qualifications to conduct the necessary work. Additional numbered pages outlining information required for this portion of the proposal shall be attached as necessary. The bidder is required to state all work of a similar character to that included in the proposed contract that he has performed in the last three years. Provide references with an address, contact person and phone number. Page 9 of 40 CONTRACTORS PROPOSAL (CONTINUED) Contract Class of Date Name, Address & Telephone Amount Work Completed No. of Owner 337,871.78 maintenance 7/05-6/06 2 99,600 maintenance8/04-12/05 3 1,258,968 maintenance1 /02-12/05 City of Palm Desert - Area 4 &5 73510 Fred Warding Dr. Palm Desert 346-0611, Spencer Knight t Desert Crossinq Shoppinq Center 72351 Painters Path. Palm Desert 341-2247, Lita Frost Desert Horizons HOA P.O. Box 12710, Palm Desert 341-5501, Sharron Badham Due to the location, size/extent and maintenance requirements of the maintenance area, bidder is required to state how he 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. Include the horticultural training and experience of the personnel that will be used to oversee and/or perform the various tasks outlined in these specifications. (Use additional sheets if necessary). Estimated Manpower (hours per month): Supervision: 12 Irrigation Technician: 195 General Labor: 206 Total Manpower: 413 Horticultural Training and Experience (use additional sheet if needed): Steven Burt & Associates supervisors have over ten years with the company. Training is completed in-house. We have horticulturists and certified arborists on staff. Area 6 shall be completed with our team consisting of an off site- part time supervisor and irrigator foreman, gardener and tree rite tree crew. Page 10 of 40 CONTRACTORS PROPOSAL (CONTINUED) Please include the following: Local Office Address: Steven Burt & Associates, Inc. 78-755 Darby Road Bermuda Dunes, CA 92201 Phone: ( 760) 772-3673 Emergency Contact Person Name: Al Hollinger or on -call supervisor Phone: 760-772-3673 Sub -Contractor List: List the names and addresses of each sub -contractor who will perform work in or about the maintenance area, and indicate what portion of the work will be done by each sub- contractor: Subcontractor's Name: n/a License Number: Address: Telephone: ( ) Work to be performed: Subcontractor's Name: License Number: Address: Telephone: ( ) Work to be performed: Subcontractor's Name: License Number: Address: Telephone: ( Work to be performed: Page 11 of 40 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this day of 20 , by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on July 5, 2005 , 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 October 1, 2005, through September 30, 2006. 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 Seventy Three thousand, two hundred twelve ($) 73,L12,00 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, 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. (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 dghts-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. (7) 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 ; 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. (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 A Municipal Corporation BUFORD CRITES, 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 CONTRACTOR Oteve�n Burt �&Associates, Inc APPROVED AS TO CONTENT: MIKE ERRANTE, P .E. PUBLIC WORKS DIRECTOR State Of California (' CONTRACTORS STATE LICENSE BOARD'' ACTIVE LICENSE e c� , 647984 CORP STEVEN BURT & ASSOCIATES INC A C;27 IAAZ E 06/30/2006 1c�,d P, DEPARTDIENT OFPESTICIDE REGIII.,1'IION LI('FNSING/CER fIFICATl0\' I'ROGR,IA1 5 QUALIFIED APPLICAI OR LIC"FNSE D�1°�t�Sf'i 200 5 12 3 1 I%2010/fI OL 39383 8 ALAN W HOLLINGER 28325 SUNNYSLOPE DR INDIO HILLS CA 92241 cc ! /? o r- N o n O ^"3 Cs'1 V: l / M C!� v n C/) Y n � m U� ►� Z Y O 'rl -t7 r n 7 O z Cs7 p DEPARTMENT OFPES1WIDEREGULATION(3"' -, da, LICENSI,NGiCERTIFICATION PROGR.01 W t QUALIFIED APPLICAI OR (411111FICATE DAbEPY'b"1'E/ 2 0 0 5 1 2/ '111% diY`61 QC 21 1 79 B DARIN F CARLYLE 78390 VIA SEV I LLA LA QU INTA CA 92253 International Society of Arboriculture Darin Carlyle Certificate Number. WC-5753 Expiration Date 6/30/04 A � i11te� national Society of Arboriculture .. 41 CERTIFIED ARBORS" Alan Hollinge wE 1790A Certificate Numher. 12/31 t2006 Expiration Oate GRIST `1 ISA The use of this card, certification title and logo must be discontinued if the individual to whom the card has been assigned allows his or her certilicat,on to expire Moreover, the certification of an individual is non transferable to another individual. Fr• THIS CERTIFICATE IS ISSUED AS / MATTER OF IIVFORMATIOI' _ ,:d ONLY AND CONFERS NO RIGHTS UP014 THE CERTIFICATE T;",S SeriicL,F Tnc. 1.1 c403521%_ HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1^303 Ventura Blvd. , 7th Floor- I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW --man Oaks CA 91403-3197 -ane:818-464-9300 Fax:818-464-9398 jINSURERS AFFORDING COVERAGE ,NAIC# INSuRFo Steven Burt and Associates Inc INS URERA :ransp,rLar,n^ , •suranc� Co Landscape Maintenance, _ Vinta e Nurseryj�, Turfscapes, �INSURER8 Travelers Insurance Tree ite and Eventscape Diane Mathias INSURER A*er,ca:. Casualy ,:..0 ranee 78-755 Darby Road INSURER Bermuda Dunes CA 92201 - -- - -- — - - - - - .. - INSURLR E COVERAGES THE POLICIFS OF INSURANCE I ISTED BELOW HAVE BEEN ISSUED 10 TIIE INSURED NAMFO ABOVE FOR THE POL ILY PERIOD INDICATED NOTWI7HSTANU'N(= ANY RFO'JIREMENT FERM OK CONDITION OF ANY CONTRACT OR O1 HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR I,AAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS FXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ww 3UTI__ T P0LffTEMTrV POLICY EX.PIP•A?I I- -- --- --,- -- - — - „•„•,,,,- GENERAL LIABILITY EACH OCCURRENCE 11 1,000,000 • �� I-X I COMMERCIAL GENERAL LIABILITY TCPP2076654951 03/01/05 _ 03/01/06 PRRMIj$�ao�ca,r nceI I s 300, 000 _I CI AIMS I,AADE [ X-1 OCCUR L _ I I MED FXP (Any one Person) I S 5 , 000 — 1 I I — PERSONAL E Af)V INJUR1 � S. 1,000, 000 I GENERAL AGGREGATE Is 2,000, 000 GENT n::GREC, LIMIT APPLIES PER PHODUCTS COMP/OPAG!, I S 2,000, 000 iI Poucr p I Loc I _ Emp Ben . 1 , 000 , 000 lI AUTOMOBILE LIABILITY A IX ANY AUTO j BTJA2076654865 I 03/01/05 COMBINED SING[ E LIMIT I 03/01/06 (Eaacrdenl) S 1 000 — ,000- - I— I ALL OWNED AUrOS BODILY IN'JUPY 5 SCHEDULFDAUTOS I---I I (Per per son) -- ----- I X I HIRED AUTOS -- -- -- I I onnlLv p;p •o. j{ NON OWNFOAUTOS _ I PROPERTY DAMAGE $ 4 (Per amden[I GARAGE LIABILITY AUTO ONLY EA ACCIDENT S I �CESS/UMBRELLA ANY AU10 OTHER THAN EA ACC AUTO ONLY AGG�S S LIABILITY EACH OCCURRENCE S 5 , 000, 000 A I}{JOCCUR CI AIMS MADE C2075940116 —# 03/01/05I 03/01/06 AGGREGATE — S5,000,000— UEDUCTIRLC S X RETENTION $10 , 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B I TC2J-UB 419J525305 05/01/05 X ('R JIAIU VIH �TOY LIMITS J I JR 05/01/06 E I EACH ACCIDENT — — — S 1 000,000 ANVPROPRIETOR/PARTNER/EXECUTIVE _ , OFFICER/MF.MBER EXCI UDCD"1 E L DISEASE - EA EMPLOYFF S 1 , 000 , 000 It yes uro oe-seunder SPECIAL PROVISIONS helow C L DISEASE POLICY LIMIT I S 1,000 , 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Palm Desert,its Officers, Agents and Employees as Additional Insured per form CG 2010 10/93 attached regarding General Liability and Tree Rite contracts. *10 Day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION C ITYOPD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL City of Palm Desert IMPOSE 140 OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR '73-510 Fred Waring Drive Palm Desert CA 92260 REPRESENTATIVES AUTHORIZEDREPRESENFA(IVE I `�GPD �; 12Q011081 / �) ACOPD CORPORATION 193r EXTRA WORK PRICING SCHEDULE LABOR Additional Laborer (general landscape/remedial) $ 20 per hour Additional Irrigation Laborer (hand work, trenching) $ 26 per hour Additional Supervisor $ 45 per hour IRRIGATION PARTS - Installed Note: All electric replacement valves will be Rain Bird GB Series. All Ball Valves will be Full Port Plastic. Heads: 1) RB Drip XBT Series $ 5 ea 2) RB 1800 Pop Ups with nozzle $ 15 ea 3) RB 1400 Series Bubbler $ 5 ea 4) Hunter 120, 140, 125 PGP $ 30 ea 5) PGM's $ 16 ea 6) Bowsmith .5, 1, 2 GPM $ 5 ea 1 " Valves: 1) Filter $ 35 ea 2) Pressure Reg. $ 35 ea 3) Solenoid $ 22 ea 4) Bleeder Screw $ 6 ea 5) Diaphragm $ 25 ea 6) Plungers $ 10 ea 7) Screens $ 15 ea 8) Entire Drip Assembly Valve $ 70 ea 9) Entire Electric Valve $ 90 ea 10) Ball Valve w/Fittings $ 45 ea 11) Valve in Heads (if applicable) $ n/a ea 12) Master Valve $ 90 ea 13) D1G/LEIT Solenoids $ 75 ea 1 '/Z' Valves: 1) Filter $ 140 ea 2) Pressure Reg. $ 31U ea 3) Solenoid $ 22 ea 4) Bleeder Screw $ 6 ea 5) Diaphragm $ 35 ea 6) Plungers $ 10 ea 7) Screens $ 15 ea 8) Entire Drip Assembly Valve $ .800 ea 9) Entire Electric Valve $ 700 ea 10) Bali Valve w/Fittings $ 75 ea 11) Valve in Heads (if applicable) $ n/a ea 12) Master Valve $ 200 ea 13) DIG/LEIT Solenoids $ 75 ea Page 33 of 40 EXTRA WORK PRICING SCHEDULE 2" Valve: 1) Filter $ 200 ea 2) Pressure Reg. $ 400 ea 3) Solenoid $ 22 ea 4) Bleeder Screw $ ea 5) Diaphragm $ 150ea 6) Plungers $ 10 ea 7) Screens $ 15 ea 8) Entire Drip Assembly Valve $ 800 ea 9) Entire Electric Valve $ 200 ea 10) Ball.Valve w/Fittings $ 75 ea 11) Valve in Heads (if applicable) $ n/a ea 12) Master Valve $ 200 ea 13) DIG/LEIT Solenoids $ 75 ea PLANT MATERIAL Note: Unless otherwise described, replacement plant material will be whatever is normal and customary for the City of Palm Desert. 1 Gallon Shrub Installed $ 10 5 Gallon Shrub Installed $ 22 15 Gallon Shrub Installed $ 75 *15 Gallon Tree Installed $ 85 *24" Box Tree Installed $ 250 *30" Box Tree Installed $ 400 *36" Box Tree Installed $ 650 Note: Anything over 36" Box size will be priced upon request. 18 1 Gallon Vine Installed $ 28 5 Gallon Vine Installed $ 15 Gallon Vine Installed $ 85 Sod Replacement Installed $ •75 per sq ft TOTAL $ 6,746.75 Page 34 of 40 EXTRA WORK PRICING SCHEDULE *To include the following: Stakes (if needed), cinch ties, clean up, water in (dig hole, set tree, back fill) adding irrigation if needed. At the City's discretion, additional work may be paid for Time and Materials using hourly labor rate and materials plus 15% mark up on materials. Page 35 of 40 FREQUENTCY SCHEDULE LANDSCAPE MAINTENANCE AREA 6 TASK 1. Mowing of turf areas 2. Aerify — Deep Tine 3. AerifyCore 4. Broadleaf weed application — TURF 5. Crabgrass control — TURF 6. Fertilize — TURF 7. Fertilize — SHRUBS 8. Cleaning walks, curbs, gutters, hardscape 9. Cleaning of picnic facilities (all components) 10. Litter removal 11. Irrigation repair 12. Irrigation inspection 13. Edging of all turf areas 14. Weed eater detail in turf/infield edges 15. Pruning of shrubs, ground covers, hedges 16. Raking "DG" in planters 17. Remove weeds in all areas. Chemical or mechanical, as defined. 18. Scalping and overseeding 19. Spraying insecticide 20. Topdressing of turf 21. Safety Pruning of trees 22. Pre -emergent weed control — TURF 23. Pre -emergent weed control — LANDSCAPE 24. Rake Sand at Tot -Lot 25. Power Wash Tot -Lot Structures 26. Power Wash Picnic Facilities & wash adj. concession building 27. Annual Color Bed Preparation 28. Annual Color Planting 29. Annual Color Maintenance 30. Empty and Clean Trash Cans Hardscape at FREQUENCY D AS NEEDED O K G G M Page 36 of 40 7Y W7 M Sul r apt t0 0- y to ci �O �v 0 4 dQ �LL�No .- v t N Z�-Od 0 W p N o2eS. yNtad�-et.rq'OGW 2t3MN,aC, 0 7 U. 0- W a W >- �, , > J r W Nx,-a o. �W to 'SooOCZi 4-N WSW %a0o� 4-0 11 y r OOr7 W 0 o C4 r ,- y W .� > 4 d � to v- W4OWU. 0%. rrWp400wOru� OW m7 WZ pra2Q,�dycp 0 to 4 �mv©W 19 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 25th day of August 2005, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and Steven Burt & Associates, Inc., referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on July 7, 2005, 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 October 1, 2005 through September 30, 2006 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 seventy-three thousand two hundred twelve dollars ($73,212.00) 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, 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. (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 G:\PubWorks\Staff Reports\2005\August 25\Attachments\Agreement LMA6.doc Page 1 of 3 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. (7) 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. ; 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. (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. G:\PubWorks\Staff Reports\2005\August 25\Attachments\Agreement LMA6.doc Page 2 of 3 (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 A Municipal Corporation BUFORD A. CRITES, 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 G:\PubWorks\Staff Reports\2005\August 25\Attachments\Agreement LMA6.doc Page 3 of 3 CONTRACTOR APPROVED AS TO CONTENT: MICHAEL J. ERRANTE, P .E. PUBLIC WORKS DIRECTOR