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Home My WebLink AboutC23620 LMA 3 - Steven Burt and Associates 903CONTRACT N0. C23620 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. 23620 for Landscape Maintenance Area No. 3 to Steven Burt and Associates, Inc. of Bermuda Dunes, California (903-XX) SUBMITTED BY: H. Spencer Knight Landscape Manager CONTRACTOR: Steven Burt & Associates, Inc. 77-755 Darby Road Bermuda Dunes, California 92203 DATE: May 26, 2005 CONTENTS: Agreement Vicinity Map Recommendation: By minute motion; 1. Reject Bids as Non-Responsive from Pac West Land Care, Inc., Garza Landscaping, Inc., Kirkpatrick Landscaping Services, Inc., Liberty Landscaping, Inc. and Oasis Landscaping & Tree Service. 2. And Award Contract No. C23620 for Landscape Maintenance Area No. 3 to Steven Burt & Associates, Inc. of Bermuda Dunes, Califomia in the amount of $96,000.00. Executive Summary: The bidding process for the award of the contract for maintenance services for Landscape Maintenance Area No. 3 resulted in five (5) of the seven (7) bids being non-responsive. This area is comprised of the City's Parks excluding Civic Center Park (see attached map). Staff is requesting that these bids be rejected and that the landscape maintenance contract G:\PubWorks\Staff Reports�2005\May 26Wward Contract LMA3 Steven Burt 903-XX .doc Award Landscape Maintenance Area No. 3 to Steven Burt & Associates CONTRACT N0. C23620 Page 2 of 4 May 26, 2005 be awarded to the lowest, responsive bidder, Steven Burt & Associates, Inc. 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 papenNork 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 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 G:IPubWakslStaHReports12005UAay 261.4wa�d Contrad LMA3 Steven Burt 903-XX .doc Award Landscape Maintenance Area No. 3 to Steven Burt & Associates CONTRACT N0. C23620 Page 3 of 4 May 26, 2005 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. 3. On Tuesday, May 3, 2005 at 2:20 P.M. the bids were opened and read aloud. The results are as follows: Steven Burt & Associates, Inc. Shadow Palms Gardening Service Pac West Land Care, Inc. Garza Landscaping, Inc. Kirkpatrick Landscaping Services, Inc. Liberty Landscaping, Inc. Oasis Landscaping & Tree Service (Bermuda Dunes, CA) (Indio, CA) (Palm Springs, CA.) (Indio, CA.) (Indio, CA.) (Riverside, CA.) (Palm Desert, CA.) $96,000.00 $96,300.00 Non-Responsive Non-Responsive Non-Responsive Non-Responsive Non-Responsive Five (5) of the seven (7) 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. Steven Burt and Associates, Inc. is the current vendor for Landscape Maintenance Areas 4 and 5. Their work in these areas, to date, has met City standards. Therefore, staff recommends that by minute motion: 1. Reject Bids as Non-Responsive from Pac West Land Care, Inc., Garza Landscaping, Inc., Kirkpatrick Landscaping Services, lnc., Liberty Landscaping, Inc. and Oasis Landscaping & Tree Service. 2. And Award Contract No. C23620 for Landscape Maintenance Area No. 3 to Steven Burt & Associates, Inc. of Bermuda Dunes, California in the amount of $96,000.00. Funds are available in account 110-4611-453-3320. G:IPubWorkslStaH RepoKs12G1�5Vvlay 26W ward Contract LMA3 Steven 8u? 903-XX doc Award Landscape Maintenance Area No. 3 to Steven Burt & Associates CONTRACT N0. C23620 Page 4 of 4 May 26, 2005 Submitted By: Department Head: � n� Knight L nd a Manager Approval: ACM for Developme rvices City Manage /hsk/dhl � �� Michael Errante, P.E. Director of Public Works � Finance Director G:1PubWorkslStaBRepoRs12005�H1ay 261Award Contract LMA3 Steven Burt 903-XX .doc CONTRACT NO. C23620 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 26th day of May 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 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 ninety-six thousand dollars ($96,000.00) 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. G:\PubWorks\Staff Reports\2005\May 26\Attachments\Agreement LMA3.doc Page 1 of 3 CONTRACT NO. C23620 (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. ; 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. G:\PubWorks\Staff Reports\2005\May 26\Attachments\Agreement LMA3.doc Page 2 of 3 CONTRACT NO. C23620 (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 CONTRACTOR BUFORD A. CRITES, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK MICHAEL J. ERRANTE, P .E. CITY OF PALM DESERT, CALIFORNIA PUBLIC WORKS DIRECTOR APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY G:\PubWorks\Staff Reports\20051May 26\Attachments\Agreement LMA3.doc Page 3 of 3 CONTRACT O. C23620 tttttttt 4.0 ttttttttttt 11”.1.v .0224. ttttttt