HomeMy WebLinkAboutC24900 Landscape Maintenance Area LMA No. 7 - 907-06CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C24900 for Landscape Maintenance
Area No. 7 to Vintage Associates, Inc. (Project 907-06)
SUBMITTED BY: H. Spencer Knight
Landscape Manager
CONTRACTOR: Vintage Associates Landscape
78755 Darby Road
Bermuda Dunes, CA 92203
DATE: June 8, 2006
CONTENTS: Contractor's Proposal
Agreement
Addendum No. 1
Vicinity Map
Recommendation:
By minute motion, award Contract No. C24900 for landscape
maintenance services in Landscape Maintenance Area No. 7 to
Vintage Associates, Inc. of Bermuda Dunes, California, in the
amount of $80,160.00.
Executive Summary:
This maintenance area is comprised of thirty-two (32) Landscape and Lighting
Assessment Districts.
Bids were opened and read aloud on May 22, 2006 for landscape maintenance
services for Landscape Maintenance Area No. 7, with the following results:
Vintage Associates, Inc.
Garza Landscaping, Inc.
Kirkpatrick Landscaping Services, Inc.
(Bermuda Dunes, CA) $ 80,160.00
(Indio, CA) $ 83,880.00
(Indio, CA) $134,040.00
Staff reviewed the bid proposal from Vintage Associates, Inc. and determined
that all bid requirements have been met. Presently, Vintage Associates, Inc. is
Award Landscape Maintenance Area No. 7 to Vintage Associates, Inc.
Page 2of2
June 8, 2006
providing landscape maintenance services to the City of Palm Desert on LMAs 3,
5 and 6. They have provided good service to date.
Funds are available in respective Landscape and Lighting Assessment District
accounts.
Therefore, staff recommends that City Council, by minute motion, award Contract
No. C24900 to Vintage Associates, Inc. of Bermuda Dunes, CA in the amount of
$80,160.00 for landscape maintenance services for Landscape Maintenance
Area No. 7.
Submitted By:
H. pen' er ' ht
a sca,�e Mager
Approv:I
Homer Croy
ACM for Development Services
Carlos Orte
City Manager
/hsk/bg
Departme t ead:
Mark Gre-nwood, P.E.
Director of Public Works
Paul Gibson
Finance Director
CITY COUNCIL p.CTION:
APPROVED %/ DENIED
RECEIVED OTHER
MEETING DATE (D, R f/
4.74 -rj66r)
NOES:
ABSENT:
ABSTAIN: / 0
VERIFIED BY:
Original on File wi Ci y Clerk's Office
G:1Pub Works\Staff Reports120061June 8110 Award C24900 907-06 Vintage LMA 71Award C24900 Vintage 907-06.doc
Ar-F9 O AVIT O F M0VA-((::;0LLUoM0H BY CONTRACTOR,'
CONTRACT NO. C24900
LANDSCAPE MAINTEIVAMCE AREA NO. a
STATE OF CALIFORMIA)
)SS
COUNTY OF RIVERME)
Greg Critters
being first duly sworn, deposes and says: that
he is President of Vintage Associates, dba: Vintage Landscape
(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
communications,
overhead, profit,
anyone else.
manner, directly or indirectly, seel
or conference with anyone to
or cost element of this Proposal
c by agreements,
raise or fix any
price, or that of
(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 8 of 58
(e) That no councilpersol .. of Eicer, 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.
Subscrib dznd—s - Z to before me this 7-2- day of M*A, , 20 o(o
BY: �1-
Notary Public in and for said ��C S ��
County and State \ Title: / 74(
C0iVTRACT0R,'S PROPOSAL FOLLOWS
DAVID D. WELTY
COMM. #1554187
NOTARY PUBLIC • CALIFORNW3
RIVERSIDE COUNTY
COMMis MAR.18, 2009
Page 9 of 58
CON, TF'FACTO '22 P R.OPOSAL (COHI TWUJ ED)
6 T EM 0ES'C6�IPT6�i� ER�9�CE pROCE pfblCE
I _ LEVEL I (OMONT HL I QAI�PdUALLY I
1. WARING COURT A I$ G I$ to a o
2. VINEYARDS A 1 $ I aS 1 $ Soo
3. PORTOLA PLACE A I $ y,S ' I $ s v0
41. THE GROVE I A I$ Ck �s G I$ I I aso
5. PALM GATE 1 D Is uT. 1 $ i'e) ;Z o 1
6. 1 PRIMROSE 11 A Is sS' "r' I $ :,n coo i
7. I DESEP.T MIRAGE 1 A $ sZs. $ h ao
8. 1 CANYON CREST I A 1 $ --�o " � � � $
9. 1 COLLEGE VIEW ESTATES I I A 1$ , S' I $00
10.1 COLLEGE VIEW ESTATES 11 I A I $ 1 $ Ka
11.1 THE GLEN I E I $ 70' "`' 1 $ c� Ito I
12. MONTEREY MEADOWS
kA Is
$ 1as'"al$ is0o I
13. SONATA I lA RS' I$ ; o
14.1SONATA II IA I$ i--O"'f$ a0Lco
15.1 HOVLEY ESTATES 1 A 1 $ �S' u° 1 $ i, v 40
16.1 LA PALOMA I I A $ 95- I$ n a. o
17. LA PALOMA 11 I A $ R a S• I$ /,O O I
18.1 LA PALOMA I I I A $ r S $ 40 a 0
19.1 HOVLEY COLLECTION ID $ ;l S-s- ' 0c1 $ 3,0 co 1
20.1 KAUFMAN al BROAD I A 1 $ YaS Co I $ s; ,CEO
21.1 PALM DESERT COUNTRY A I $ E° ` 1 $ �� I coo
CLUB
22.1 PRESIDENTS PLAZA I cot II A 1 $ Ca �L` 1 $ R t tc0
23.1 PRESIDENTS PLAZA III I A is In 70. ° I $ 1 U 0
24. SANDPIPER COURT I A 1 $ gip' C°� $
25. SANDPIPER WEST 1 A $ , Via' $
26. HOVLEY WEST 1 C is $
27. DIAMONDBACK J A $ xS `�I $ it d0 1
28.1 PALM COURT I A $ }ZS'`"I $ i�ha10
29. SUNDANCE WEST I A $
30. SUNDANCE EAST IA $ us ' 4;C'1 $
31. BOULDERS I A 1 $ YS" `1 $ Sy 0
32. PETUNIA I I A 1 $ gS `" $ fiQ oZ
TOTAL I $ 7 o�
Page 'I 1 of 58
CC)HTMCTi R'* PROPOSAL (C � � GITRAUED)
TOTAL AMOUNT BASE BID IN FIGURES $
TOTAL AMOUNT BASE BID IN WORDSU y1
PVO k
ht'fk fak"'� -
The costs of any work shown or required in the Plans and Specifications, but not
specriically 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.
Vintage Associates, dba Vintage Landscape
COMPANY
78-755 Darby Road, Bermuda Dunes, CA 92201
ADDRESS
( 760 ) 772-3673
TELEPHONE
( 760 ) 772-3674
FAX
Fran Mullahy Business Development Manager
BIDJ;RE Y TITLE
ATURE 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, difficult nature and 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 experience and qualifications to conduct the
necessary work.
Additional numbered pages outlining information required or 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 12 of 58
PROPOS,/'-�i1L (COWTQb UED)
Contract, Class of Date Mama, Address & `telephone
Amount Work Completed No. of Owner
1 $ 73,212 Maintenance 10/05-9/06 City of Palm Desert - Area 6
73b1U I -red Waring Dr, Palm Desert
346-0611, Spencer Knight
2 $ 99,000 Maintenance 8/04-12/06Q[Q-__5inqop ter
72351 air en ath, 1 a m Desert
1 /02-12/06 341-2247, Lita Frost
3 $1,258,968 Maintenance Desert Horizons
P.O. Box 12710, Palm Desert
341-5501, Sharon Badham
Due to the location, size/extent and maintenance requirements of the maintenance
area, bidder is required to state how he will provide the necessary maintenance and
services in the specifications. State the estimated manpower your company will use
each week to fulfill the contract, including supervision, irrigation and general labor sub-
categories.
Vintage supervisors have over ten years with the company. Training is in-house.
Training is completed in-house. We have horticulturists and certified arborists on
staff. Area4 will be completed with our team consisting of an off -site part time
supervisor (12 hrs), two general laborors (80 hrs) and one half irrigator (20 hrs)
dump truck driver (6 hrs).
Please include the following:
Local Office
Address: 78-755 Darby Road
Dr-1 I � judo Cul iva, Cry 922G I
Phone: (760 ) 772-3673
Emergency Contact Person
Name: Al Hollinger or on-calI-supervisor
Phone: 760/772-3673
Page 13 of 58
AGREEMIUA T
THIS AGREEMENT is made and entered into the City of Palrn Desert on this
day of 20 , by and between THE CITY OF PALM
DESERT, a municipal corporation, hereinafter referred to as "CITY", and referred to as
"CONTRACTOR".
WIT WESSE TH:
WHEREAS, on April 28, 2006 , the Cl T Y invited bids for landscape
maintenance services for City -maintained properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
TERM. The term of this Agreement shall be from July 1, 2006, through June
30, 2007, or to such later date as may be agreed in writing between parties.
CITY'S OBLVGATIONS. For furnishing services, as specified in this
Agreement, CITY will pay and CONTRACTOR shall receive in full
compensation, therefore the total sum
—($) as set forth in the Contract Documents and adopted
by the CITY.
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.
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 34 of 58
AMENDMEWS. Any arneadmant, modificetiort, or variNdor, e fror n the tern ris of
elii5 AR shall be in wf-iting, signed by the CON T R�CTOt and
approved by the City Council of the CITY.
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.
INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and
Conditions; General Terms and Conditions; Specific Tenns 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.
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 35 of 68
ANT11-DISC Ili INA T ION. In the Pei fomiance of the taim►s of this f-i yeemrer�t,
C0N T RAC T Gi? acdre-es tlaat it will E1ot 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.
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.
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
LITIGATION COSH'S. In the event an action is fled by either party to enforce
any rights or obligations under this Agreement, the prevailing party shall be
entitled to recover reasonable attomey's fees and court costs, in addition to
any other relief granted by the court.
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.
THIS SECTION PURPOSELY LEFT BLANK
SIGNATURES FOLLOW ON NEXT PAGE
Page 36 of 58
Its WITNESS WHEREOF, the par`ues hereio have caused this instrument to be
executed the day and year *nrst hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation
JIM FERGUSON, 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
Page 37 of 58
CONTRACTOR
APPROVED AS TO CONTENT:
MARK GREENWOOD, P .E.
PUBLIC WORKS DIRECTOR
LANDSC ° PRE MAP PHTE ANCE AREA Woo e
ATTACHMENTS
EXTRA WORK PRICING SCHEDULE LABOR
Additional Laborer
$
20.00
per hour
Additional Irrigator
$
26.00
per hour
Additional Supervisor
$
45.00
per hour
IRRIGATION PARTS -- Installed
Heads: 1)
Drip Emitter
$
2.00
ea
2)
Rain Bird 1800 Pop Ups
$
15.00
ea
3)
Rain Bird 1400 Series Bubbler
$
5.00
ea
4)
Hunter 120
$
30.00
ea
5)
Hunter 140
$
50.00
ea
6)
Hunter 125
$
35.00
ea
7)
PGP
$
30.00
ea
8)
PGM
$
20.00
ea
Valves:
Note: All electric replacement valves will be Rain ,Bird GB Series. All Ball Valves
will be Full Port Plastic. !f other manufacturer is used, the City will pay cost of
materials plus a 15% mark-up.
1" Valve: 1)
Filter
$
35.00
ea
2)
Pressure Reg.
$
3b.00
ea
3)
Solenoid
$
22.00
ea
4)
Bleeder Screw
$
6.00
ea
5)
Diaphragm
$
25.00
ea
6)
Plungers
$
10.00
ea
7)
Screens
$
15.00
ea
8)
Complete Drip Assembly Valve
$
70.00
ea
9)
Complete Electric Valve
$
90.00
ea
10)
Ball Valve w/Fittings
$
45.00
ea
11)
Valve in Heads (if applicable)
$
n/a
ea
12)
Solar Solenoids
$
92.00
ea
Page 38 of 68
f19AD,IDSCCAPE NAHTJ EG11MMIACE AFIE161oo 7
'I %2" Valve: i )
Filter
$
140.00
ea
2)
Pressure Reg.
$
:320.00
ea
3)
Solenoid
$
22.00
ea
4)
Bleeder Screw
$
6.00
ea
5)
Diaphragm
$
35.00
ea
6)
Plungers
$
10.00
ea
7)
Screens
$
15.00
ea
8)
Complete Drip Assembly Valve
$
800.00
ea
9)
Complete Electric Valve
$
700.00
ea
10)
Ball Valve w/Fittings
$
75.00
ea
11)
Valve in Heads (if applicable)
$
n/a
ea
12)
Solar Solenoids
$
yZ.uu
ea
2" Valve: 1)
Filter
$
200.00
ea
2)
Pressure Reg.
$
4uu.uu
ea
3)
Solenoid
$
22.UU
ea
4)
Bleeder Screw
$
6.00
ea
5)
Diaphragm
$
.s5.uu
ea
6)
Plungers
$
10.00
ea
7)
Screens
$
15.00
ea
8)
Entire Drip Assembly Valve
$
buu.uu
ea
9)
Entire Electric Valve
$
2uu.uu
ea
10)
Ball Valve w/Fittings
$
f5.uu
ea
11)
Valve in Heads (if applicable)
$
n/a
ea
12)
Master Valve
$
ea
13)
DIG/LEIT Solenoids
$
92.00
ea
Irrigation components 1112" in diameter or larger will be paid the contractual
hourly rate plus materials with a 15% mark-up
Page 39 of 58
PLANT MATERIAL REPLACEMENT
Note: Unless otherwise described, replacement plant material will be whatever is normal
and customary for the City of Palm Desen.
1 Gallon Shrub Installed
$ 8.00
5 Gallon Shrub Installed
$ 20.00
15 Galion Shrub Installed
$ 80.00
*15 Gallon Tree Installed
$ 90.00
=24' Box Tree installed
$ 300.00
x30" Box Tree Installed
$ 400.00
*36" Box Tree Installed
$ 650.00
Note: Anything over 36" Borc size will be paid at the contractual hourly rate plus
materials with a 15% Mark -Up.
`To include the following: Stakes (if needed), cinch ties,
clean-up, water in (dig hole, set
tree, back fill) adding irrigation if needed.
Page 40 of 58
LAN u SCAPE MA9913 0 ENAL MICE AREA VID. 7
TURF MAINTENANCE
Hybrid Bermuda Sod Only
$
.75
per sq ft
Aerification: Core
Labor & Equipment
$
4.00
per sq ft
Deep Tine
Labor & Equipment
$
3.00
per sq ft
4.50
Renovation.
Labor & Equipment
$
per 1,000 sq ft
Top Dressing:
Labor & Equipment
$
4.00
per 1,000 sq ft
3.00
Sweeping:
Labor & Equipment
$
per 1,000 sq ft
*Overseeding
3.00
(Seed Application Only):
Labor & Equipment
$
per 1,000 sq ft
3.00
Mowing:
Labor & Equipment
$
per 1,000 sq ft
TOTAL $
6,566.25
*This line item is strictly for the application of seed. No scalping or sweeping, as that is
covered in the renovation line item. Therefore, this is a labor and equipment price per
1,000 sq. ft. only.
At the City's discretion, additional work may be paid for Time and Materials using
hourly labor rate and materials plays 15% mark up on materials.
Page 41 of 58
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 8th day of
June 2006, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Vintage Associates, Inc., referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, on May 22, 2006, 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, 2006 through June 30,
2007 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 eighty thousand one hundred sixty dollars ($80,160.00) 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
GAPubWorks\PR0JECTS\907-XX LMA 7\20061Staff ReportsWgreement LMA7.doc
Page 1 of 3
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. 1 ; 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:1PubWorks\PROJECTS1907-XX LMA 7120061Staff ReportMAgreement LMA7.doc
Page 2of3
(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
VINTAGE ASSOCIATES, INC.
CONTRACTOR
JIM FERGUSON, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RAGHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P .E.
PUBLIC WORKS DIRECTOR
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
G:1PubWorksIPROJECTS1907-XX LMA 7120061Staff ReportslAgreement LMA7.doc
Page 3 of 3
3� .
CI'�'�►' OF PE1L,M DESEIa'T
�I��IF0181�1�R�
ADDENDUIVI 1�T0. 1
��1�1����PE l�A��l�i'TEI�AI�ICE r�IBE� 1�TC�e �
1'ItOJEC'�' T�10o 907-06
�ONT��T N�, C29400
9S�llE� IIA��r 18, 2006
C��� /vZ''
RK GREENWO D, P.E.
�f ECTOR OF P�IBLIC 1NORKS
IIUIPORI'ANi fVOTE: RECEIPi O� THIS ADDENDUM MUST BE
�4�ICNOWLEDGED IPI GONTRACiOR'S PROPOSA�
G:'•PubbVo�{s'�,.nROJL�TS•,907-h?= LR�E,�, 7�2006',.�id Documei�is���cldendu�n �, l.cioc
�.la�_:���.=1���1'`' �'_ ���1" ���9�:'U��". :l'�',�. �i._r.��::i.'••t^Ff:��''�1 (_''l^�� !i ' I�pV�,4���d,'i,l�9� if"�•^�• .;,�;y� ,�,
� �':n . , . a'.. . �. �.."E .�i'� �'_.1 � ..� �, ..'Q. � J d 1'.� , d�: � �.�'11 �: �
��� 1G...N::^��' � h`'Q�.�i. �)� � �.. _.5 �ti'.��._:.AA� NJ�.,
� . '�'e f?'i?�4 6 �lu��`[@�f 3�:
��. �'�h�'� i� ��� ��,��������7 Rr ���:�x����k �����s���i ��av��
,; � `
:�'�. �s�+?,���i,?��
��.,. '„r'�h�� es't�� �a�� o�f �he ��.��Y�n� c��nn�C�s��'�
,'��. ����z� ��r�o1���pi���
�, �o #h� bidders �eed 70 ����r►it �t9�e Liability �nsura�ce an� �,�Vorkers
�o�n�,e�sa�ion �f�s�g ;�izn the ���e Pr��osa�?
.�. ?�c
Q. �I�aw car� �y ��mp�r��+ i�quire �iaout the Gounty or �Raversi�l� �es�ic�ae
�usiness License as well �s #he State of Califomia Pesticide QAL for
�hemical applications category B? Please provide me with telephone
��u�bers and ii�s7�uctior�s.
��. T�ae i�fod �at�o� �� ��aila�l� �� ��h� �r�ternet, �aliforr�i:� �t�#�
Departm�nt of Pesticide f�egul�tion�.
�. "�o�� �i�� k+a�d��r �i�ec9 to ess�e the �id Bon�?
�a. �"h�re is r�Q �i�i ��n� o� eith�r bio�, see p�ge 5.
2. Replace paragraph Specific Senrices, iree Maintenance B. on page 24 of
L�IiA 4 and page 28 of LMA 7 bid documents with the following:
A. Specific Services
Tree Maintenance: B. The Contractor is responsible for sucker
control and for pruning any branch or limb on all trees that is
hanging below fifteen (15) feet and is creating a safety hazard over
a sidewalk, traffic lane and an� other hardscaped public area.
Pa{m Trees under fifteen (15) feet in height are the responsibility of
the contractor; including the removal of dead fronds and seedp�ds
�� they appear. AI! other tree p►-daning will be done un�er a
separate contract.
3. Replace page 1� of the LMA ? bid documents with the attached new page 11.
A. The Glen service ievel has been changed from E to A.
��. Re�lac� pages 5Q an�i �1 0�` th� L�/i� 7�id d�cur�ents vvit� t�e attached n��r
pages 50 and 51
�. The Gfen service ievel h�s been changed from E to A and this chang�
is reflected ir the frequency schedule lis#ed on the aforementioned
pages...
G:��PubWorks'�PROIECT51907-XX LIv3A T�?0061Bid Qocumeats'�Add�ndum r Ldoc
� — — � : . — : � � � �.,� r.,�— ^,.f..�� 1 "�:
���,�:,C � �=,;r,r�� ,i �:� _"�� ���,��c�;�;:������ ; , _-_�.� �ro..- ����:
I � � �:+�,%� i�' -�P�ib^U':0������'J ;���L'5�.:��'� �..
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5.
G.
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9.
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12.
93.
14.
� �.
16.
'� �.
13.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
'����r�i� ��'�.;���
���������
�i���l.�i�.�`1 ��..�'.vo=
i)
TF�E C�l�Oil�
PALM GA��
��I�ViFt�SE ��
�ES�F2T MlFZA��
�AtVYO(V CRE�T
��DLLEt�E '+/IEiN EST��ES 4
COLLEGE 1II�W ESl'�TE� !�
THE t�LE�i
MONTEREY MEADOWS
SONATA I
SONA�f�. I!
FiOVLE`� EST�TES
LP� PALOMA �
LA PALOMA I!
LA PALOlVIA efl
HOVLEY +C�LLE��"iON
KAUFMAN & �ROAD
PALM DESERT COUN�RY
CLUB
PRESIDENTS PLAZA I & I!
PRESIDENTS PLAZA II!
SANDPIPER COURT
SANDPIPER WEST
HOVLEY WEST
DIAMONDBACK
PALM COURT
SUNDANCE WEST
SUNDANCE EAST
BOULDERS
PETUNIA I
����
�
''r"�
�
�
;¢�.
��
�
A
�
B`e
P.
A
�
A
/�
A
P
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A
A
A
A
A
A
C
A
A
A
A
A
A
k�ac�E ti 'i ai 5�
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�
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a
$
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$
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$
$
$
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$
$
$
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$
$
$
$
$
$
$
�
$
$
TOTAL
��,�:.��c �
;�o=i1���"���Jrfiilf+.=,t!��J .�l
I "°
I�
I 6�
�
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,�
0
�
$
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$
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$
$
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$
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$
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$
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$
$
�
�
I
Ie4�T9l�i�
� �EF�a41�� L����
� 1. Mowing of TurF Areas
1 2. A�rify — De�p Tine
3. Aerify — Co; e
I4. Broadleaf VNeed
Application — iURF
5. Crabgrass vontrol —
TURF
� 6. Fertilize — TURF
� 7. Fertilize —SHRUBS
8. Cleaning of Walks,
Curbs, Gut�ers &
Fiardscape Features
I9. Cleaning of Picnic
�acilities
� 10. Litter Removal
� 1'i. Irrigation Repair
� 12. Irrigation fnspection
�13. Edging of All Turf
Areas
14. Weed-Eater Detail in
Turf/Infield Edges
15. Pruning of Shrubs &
Ground Covers
� 16. Raking of DG Areas
I17. Remove Weeds in
Alf Areas
18. Scalping and
Overseeding.
� 19. Spraying insecticide
� 20. Topdressing of turf
I21. Safety Pruning of
Trees
22. Pre-emergent Weed
Control — LANDSCAPE
23. Pre-emergent Weed
Control — TURF
24. Rake Sand @ Tot-
Lot
I25. Power Wash Tot
Lot/Structures
26. Power Vl�ash Picnic
Facilities & Hardscape
@ Goncessio�� Buildin�
,�_��=:1I���L���'\'�'.;-11%.JL U'a�::^� � _ �! /�"�:tLl�: (I�''— (�-'_J•i G�':: �`rill.� _
� J f� _ � � = ��
����������`�% �� C�E����
L���������a�� ���� � ��A��� �,R��a E���o �•
��A
P�esia���ts Presos�erot� "�B�e Gl��a
����� i �. �0 �8��� E�a
� � ;�a
��
G
As �ieede�9
O
G
D
As Needed
O
�
�
As Meeded
O
K
F
G
�
K
F
G
f�A
F
G
0
P��r�ter��;
�ie�����
�
G
�
As �leeded
O
K
F
G
�
Pag� 5Q of 58
- � �_. :�. .i 1 ,_ � " f• —'i= —
r .; , i_, . � _ ;,,� , � ,r:- :-:, ��:r,�,� = _ -:;� �, .�, ;`,_ c
I'��.,_.';� `:� �, ��'•J%'=i = LJ ��.�'1 � C ' �;''��=cJ.: �� �__ .. ��I ._ '�'�� .. _ o
��'���f'�v2`�%
�`'�G��C3t�.�ifd`'dd �E'Pd�d�'�1Palfi��S�
��6�. �G� Q � BU 6'b7�S� 6dJ
A���6�.
L ��� '��-`D�ifd I ����f�'?r�[r�✓
i�@�8���t`,��
27. Annual 3ed
!'repar�tion
28. �nnual �o1c�
Llanting
29. Annual Col�r
ilhaintenance
30. tmp�y & Clean
i rash Lans � ��plac2
�iners
�'a�� � 9 ��i 58
� �.%a�in 17ea�
��.,�,
� �
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� 1 �'
] 1
't Y
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1 1
(K & B PALM DESERT �� ��
/ r B n
1 �� @ �
I v «�\K �\a-4i. �21E
DESERTMIRAGE� �S
1 �
{ �
Conso,idatec
Landsca�e and �ig�tirG
/��ssessment Dlst�ict
0
� _ C'..'l,\'. __..> Ck`... �� �'R .._.... r<� _
MONTEREYMEADOWS, 6� �$OIJATA�II ^V j � �
- - -iSANDPI7ER WEST ;� ..
;THE GLEN' ��, •,�g� -SAP7�PIPER � m @
� SONA7A 1 � d �� •
�HOVLEY WEST� � �q PALOMA I i 'n �
fiOVLEVCOLLECTION �Lq�PALOMAII,���_-VA��L-� J � "
IHOVLEY EST0.TEt � � ; 6' � :�i U tJ
� - �LA PALOMA III. � � �
-fCl..c" sN� 2-a5'
% ? �SANDCASTLES "'�'�`"°` °
�, �! � �PRIMROSE 2� � 1
r ��.__ � �,_ � �a ° :� �
L ..
� Pnrt�cv�wesiniES�"'�'�.. ��Y�NCRE§Y 3
i� . _ ,
�b. t'— i,; :.=.' = -^� �is G � ^ U
n�¢` � �„_ c VI�EYARDSI , -„ ,.� O
y i: ":�� e , � � _ �
�. _ 'PALM GATE�
� � r p�.'- r �pp �g r2ED w'M V= D2�'=
G c¢EC \� a2 �5 J2n E t "i�" / �1�.r11" 1 -
�'r� i � �� i � ni ��Ir�,� �� �WARINGCOURT
� y 3 IPORTOLA �.ncE. ''l:'��`' y �pALM DESERT COUNTRY CLUB I
i,M1 U J1 TtiEGROVE'��� �`
� "�,'Er��r- ,�„r. �- � ST.a��".=-Rl�iY'll
� �'-'" � �� I �
� �
? � 4 L` �
I
yu. Fc.R`.\ati n� - . .
7E
� 2 �"'�
_ Assessment Zones
I `
I. � i�
1 ��� �,
� `` �. '� - � �: w
� CANVON COVE' � �
� ,ESR i £'n 2�.E �9
�Y �
t �
' �a
4_
I �9
�
a ��. �„ .. _ ... � � �c
I �
�, 1
� �----�9 I
� 1
i +
Isx.. _ _ ._ _.. � L:
;��� 2 - Canyon Cove
� 3 - Vineyards
f- _': 4 - Parkview Estates
5- Cook and Country Club
Desert Mirage
Primrose 2
Sandcastles
� 6 - Hovley Lane West
The Glen
Monterey Meadows
Sonata I, 11
Hovley CollecGon
Hovley Estates
Hovley West
La Paloma I, II, III
Sandpiper
Sandpiper West
i 7 - Waring Court
" ! 8 - Palm Gate
-` ; 9 - The Grove
� 11 - Portola Piace
13 - Palm Desert Country Cl�b
14 - K& B Palm Desert
j=_ _ - 15 - Canyon Crest
,�.
<000 0 4000 Feet
��i _
I
_ ._�� I