HomeMy WebLinkAboutC23610 Shadow Palms Gardening - LMA 2 902-CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. 23610 for Landscape Maintenance Area
No. 2 to Shadow Palms Gardening Service of Indio, CA
(902-XX)
SUBMITTED BY: H. Spencer Knight
Landscape Manager
CONTRACTOR: Shadow Palms Gardening Service
P.O. Box 116
Indio, California 92202
DATE: June 9, 2005
CONTENTS: Agreement
Vicinity Map
Recommendation:
By minute motion;
1. Reject Bids as Non -Responsive from Pac West Land
Care, Inc.; Sunflower Landscaping; Garza Landscaping,
Inc.; Kirkpatrick Landscaping Services, Inc.; Liberty
Landscaping, Inc.; Oasis Landscaping & Tree Service
and Hort Tech, Inc.
2. Remove the Baja Park landscape area from the contract,
and
3. Award Contract No. C23610 for Landscape Maintenance
Area No. 2 to Shadow Palms Gardening Service of Indio,
California in the amount of $108,000.00.
Executive Summary:
The bidding process for the award of the contract for maintenance
services for Landscape Maintenance Area No. 2 resulted in seven (7) of
Award Landscape Maintenance Area No. 2 to Shadow Palms Gardening
Page 2 of 4
June 9, 2005
the nine (9) bids being non -responsive. This area is comprised of the El
Paseo, Fred Waring Drive, Highway 74 and Monterey Avenue Medians
(see attached map). Staff is requesting that these bids be rejected and
that the landscape maintenance contract be awarded to the lowest
responsive bidder, Shadow Palms Gardening Service.
Discussion:
Arid and desert plant materials and drip irrigation systems require specialized
maintenance methods that differ from traditional plant materials and irrigation
systems. In the past, finding landscape maintenance contractors that have the
horticultural expertise and resources to provide this specialized maintenance for
City landscapes has been problematic. In order to assess contractor expertise,
clearly define the level of service, provide for public safety and minimize costs,
staff has continued to refine the landscape maintenance contract. These
refinements have resulted in a number of contract changes. Three of the most
significant changes are described below.
1) Horticultural Training and Experience:
The City landscapes have developed both in complexity and size as the
City has grown. Given the City's commitment to water conservation,
continued advancements in "Desert Landscape Design," the public's
expectations and governmental requirements, landscape maintenance
companies must have more than a fundamental knowledge of standard
horticultural practices. In order to assess the level of a bidder's expertise,
a section was added to the contract requesting an explanation of the
bidder's horticultural training and experience.
2) Work Scheduling:
Past contracts were vague regarding work scheduling and consequently
required a significant level of paperwork from the contractor to document
completed work. The contract now requires the successful bidder to
produce a work schedule similar to what is required on capital
improvement projects. The contractor creates a work schedule based on
contract requirements, the contractor's horticultural expertise and their
company's operations and resources that will be the basis for evaluating
their performance. The schedule will be reviewed and approved by City
staff. This change will reduce the level of required paperwork and still
provide the necessary documentation for contract management.
3) California State Pest Control Applicators License:
The past several years have seen an increase in the variety and
sophistication of the pest problems affecting the City's landscapes. In
G:%PubWorkslStaffReports12005Uune 914ward Contract LMA2 Shadow Palms 902-XX.doc
Award Landscape Maintenance Area No. 2 to Shadow Palms Gardening
Page 3 of 4
June 9, 2005
order to address this change, the landscape maintenance vendor must
implement a wider range of control methods. These control measures
increase the need for public safety. Therefore, staff has required the next
level of licensing from the State of California for pest control services. The
bidder can meet this requirement by having the license in-house or by
using a properly licensed subcontractor.
The above -described changes in contract requirements were identified and
requested in the contract documents and in the pre -bid meeting held on April 13,
2005.
On April 4, 2005, the City Clerk for the City of Palm Desert advertised and called
for bids for Landscape Maintenance Area No. 2. On Tuesday, May 3, 2005 at
2:10 P.M. the bids were opened and read aloud. The results are as follows:
Shadow Palms Gardening Service
Steven Burt & Associates, Inc.
Pac West Land Care, Inc.
Sunflower Landscaping
Garza Landscaping, Inc.
Kirkpatrick Landscaping Services, Inc
Liberty Landscaping, Inc.
Oasis Landscaping & Tree Service
Hort Tech, Inc.
(Indio, CA)
$ 126,000.00
(Bermuda Dunes, CA) $ 167,400.00
(Palm Springs, CA)
Non -Responsive
(Indio, CA)
Non -Responsive
(Indio, CA)
Non -Responsive
(Indio, CA)
Non -Responsive
(Riverside, CA)
Non -Responsive
(Palm Desert, CA)
Non -Responsive
(Palm Desert, CA)
Non -Responsive
Seven (7) of the nine (9) bids were considered non -responsive for one or more of
the following reasons:
- Lack of the required pest control license and failure to submit a sub-
contractor with the required license.
- Failure to supply extra work bid sheet.
- Failure to supply a description of horticultural training and experience.
To further determine the lowest bidder's ability to provide the level of service
being sought by the City, staff made a field review of the references for Shadow
Palms Gardening Service. This field survey and Shadow Palms Gardening
Service's past contracts with the City indicate that Shadow Palms Gardening
Service has the capability to meet City standards for landscape maintenance
work in City medians.
However, staff believes that the horticultural expertise needed to adequately
maintain the unique plant materials at the Baja Park is beyond Shadow Palms
Gardening Services' ability at this time. Their line item cost for this area is
$18,000.00 per year. On May 25, 2005 staff talked with Omar Garza, the owner
of Shadow Palms Gardening Service, and he indicated his acceptance of this
contract modification.
G:1PubWorkslStaff ReportsT005Vune 90ward Contract LMA2 Shadow Palms 902-XX.doc
Award Landscape Maintenance Area No. 2 to Shadow Palms Gardening
Page 4 of 4
June 9, 2005
Therefore, staff recommends that City Council by minute motion:
Reject Bids as Non -Responsive from Pac West Land
Care, Inc.; Sunflower Landscaping; Garza Landscaping,
Inc.; Kirkpatrick Landscaping Services, Inc.; Liberty
Landscaping, Inc.; Oasis Landscaping & Tree Service
and Hort Tech, Inc.
2. Remove the Baja Park landscape area from the contract,
and
3. Award Contract No. C23610 for Landscape Maintenance
Area No. 2 to Shadow Palms Gardening Service of Indio,
California in the amount of $108,000.01).
Funds are available in account 110-4611-453-3370.
Submitted By:
H. nc Knight
La ds a Manager
Approval:
IAC for LDev4�dKpent Services
City Manag
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Department Head:
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Direct r f ublic Works
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Finance Director
G:IPubWorkslStaff ReportsT005Vune 90ward Contract LMA2 Shadow Palms 902-XX.doc
CONTRACT NO. C23610
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 9th day of
June 2005, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Shadow Palms Gardening Service, referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, on April 4, 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 July 1, 2005, through June 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 one hundred twenty-six thousand dollars ($108,000.00) 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.
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CONTRACT NO.>C23610
(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.
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.
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Page 2 of 3
CONTRACT NO. C23610
(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 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
CONTRACTOR
APPROVED AS TO CONTENT:
MICHAEL J. ERRANTE, P .E.
PUBLIC WORKS DIRECTOR
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CONTRACT NO. C23610
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