HomeMy WebLinkAboutC25540 Landscape Maintenance Area LMA No. 1 - 901-06REQUEST:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract No. C25540 for Landscape Maintenance
Area No. 1 to Hort Tech, Inc. of Palm Desert, California
(901-06)
SUBMITTED BY: H. Spencer Knight
Landscape Manager
CONTRACTOR: Hort Tech, Inc.
P.O. Box 3284
Palm Desert, CA 92261
DATE: September 14, 2006
CONTENTS: Proposal
Agreement
Vicinity Map
Recommendation:
By minute motion, award Contract No. C25540 for Landscape
Maintenance Area No. 1 to Hort Tech, Inc. of Palm Desert, California
(901-06), in the amount of $39,912.00.
Discussion:
On August 2, 2006 the City Clerk advertised and called for bids for Landscape
Maintenance Area No. 1. Bids were opened and read aloud on Monday, August
28, 2006 at 10:00 am with the following results:
1. Hort Tech, Inc. (Palm Desert CA)
2. Greenscape Landscape, Inc. (Temecula, CA)
3. Garza Landscaping, Inc. (Indio, CA)
4. Vintage Landscape (Bermuda Dunes, CA)
5. PWLC II (Palm Springs, CA)
6. Shadow Palms Gardening Service (Indio, CA)
$39,912.00
$57,000.00
$64,800.00
$65,700.00
$69,216.00
$81,600.00
Hort Tech, Inc. has successfully bid and executed past landscape installation and
plant recovery contracts for the City of Palm Desert. In addition, they have
G:\Pubworks\Staff Reports\2006\September 14\2 Award C25540 LMA 11Award Contract LMA1 Hort Tech 901-06 .doc
Award Landscape Maintenance Area No. 1 to Hort Tech, Inc.
Page 2 of 2
September 14, 2006
provided landscape maintenance services on an as -needed basis and the work
has been excellent.
Hort Tech's bid was considerably Tess than the next lowest bidder. Staff spoke
with the owner, Mr. Jack Kerns, and he affirmed Hort Tech's ability to execute the
contract per specifications for the above bid price. Based on the company's past
performance on City work, staff is willing to award this contract to Hort Tech, Inc.
Funds are available in account 110-4614-453-3320.
Therefore, staff recommends that, by minute motion, Contract No. C25540 for
Landscape Maintenance Area No. 1 be awarded to Hort Tech, Inc. of Palm
Desert, California in the amount of $39,912.00.
Submitted By:
H Spe cer n'1; ht
La dsc a Ma ager
Approval:
Homer Croy
ACM for Develo
Carlos Orteg
City Manager
/hsk/bg
Department Head:
Mark Greehwood, P.E.
Director of Public Works
Paul Gibson
t Services Finance Director
CITY COUNCIL ACTION:
APPROVED ,/ DENIED
RECEIVED OTHER
MEETINp DATE C/. / SF.(J(0
AYES : 00' 1, el I . , F +�>; and Pera Lts(Jn
NOES:/ 0
ABSENT: k
ABSTAIN: A Atf
VERIFIED BY: PAi lrmill
Original on File with City Clerk's Office
G: Wub Woks\Stall Reports120061September 1412 Award C25540 LMA 1 Award Contract LMA1 Hort Tech 901-06 .doc
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 14th day of
September, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Hort Tech, Inc., referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on August 2, 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 October 1, 2006, through
September 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 thirty-nine thousand nine hundred and twelve dollars ($39,912.00)
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
W:Wgenda Items�2006-Sept 14�Award C25540 LMA 1 Wgreement LMA1.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.
W:Wgenda Items�2006-Sept 14�Award C25540 LMA 1 Wgreement LMA1.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
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
W:Wgenda Items�2006-Sept 14�Award C25540 LMA 1 Wgreement LMA1.doc
CONTRACTOR
APPROVED AS TO CONTENT:
MARK GREENWOOD, P .E.
DIRECTOR OF PUBLIC WORKS
Page3of3
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City of Palm Desert
.
August 2006
0 3,0001,500
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AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
CONSOLIDATED MAINTENANCE AREA NO. 1
CONTRACT NO. C25540
STATE OF CALIFORNIA)
)SS
COUNTY OF RIVERSIDE)
Uno[O,_ &.A_r(_01A_ being first duly sworn, depo s and says: that
i� he is 4 r GG f k4afW`Oe-,r of VjOr+ ` .
(insert "Sole OWNER", "Partner", o Ylr of er proper 0e) (insert name of bidder of 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 8 of 42
(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.
Subscribed and sworn to before me this -2S�4`day ofAl jQi i �JF- , 200L.D
Notary Public in and for said
County and State Title:
CONTRACTOR'S PROPOSAL FOLLOWS
T p` MAIM- II;I RIA �AIA
COMM. #1376483
(0)NOTARYPUBLIC - CALIFORNIA 0
�Y0RIVERSIDE COUNTY n
i p- tOW. EXPIRES SEPT. 24, 2006
Page 9 of 42
CONTRACTOR'S PROPOSAL
CITY OF PALM DESERT SUBMISSION FORM
LANDSCAPE MAINTENANCE SERVICES FOR:
CONSOLIDATED MAINTENANCE AREA NO. 1
TO: CITY CLERK
City of Palm Desert
73510 FRED WARING 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)
1.
Highway 111 Center Medians
$
1600
$ 11000
12.
Highway 111 North Frontage Parkways
$
C' 5
$ j Z® Ii
13.
Highway 111 South Frontage Parkways
$
-S L49
$ I
14.
Both Palm Desert Entry Signs East and West
I $
0-X
$ 16 a.
j TOTAL 1 $ 13( 12_� $ 3g111! `L
TOTAL AMOUNT BASE BID IN FIGURES $l�
TOTAL AMOUNT BASE BID IN WORDS kne, �u5anX
Page 10 of 42
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.
146>~4- -rlem r Jig_'
COMPANY
D, &X_�92z6P�1
ADDRESS
TELEPHONE
-O-a&k . (�-ert S
BID PREPARED BY
.�I
S1GNAIURE
1
FAX
TITLE
DATE
C6 - " t••
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.
Additionai 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 11 of 42
CONTRACTORS PROPOSAL (CONTINUED)
Contract Class of
Amount Workk.�`
9OIOOO mai/[ `lfil,
Date Name, Address & Telephone
Completed No. of Owner
On ofn 1&S
J-ki
2 � /Yl�ne Oh9q�
s 3a� o00 ffi,n�re"
v
P-OA-
-13cs.t_ C ,
To rVL X + S 42a -
V Ve, (ommmit/
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/or. experience of the personnel that will
be used to oversee and/or perform the various tasks outlined in the specifications.
W*&, 1 be- ass
/pP.4�1/iS�f A �ZG() lAli 6�
plwt YYI Q,I Vl �YlIm c-e_
Page 12 of 42
-e>�Perf "ce_.,
,k 4A '5 0 reo ,
h a.U,:�, Soij�, wesf
CONTRACTORS PROPOSAL (CONTINUED)
Please include the following:
Local Office
Address: v7 9 "3 b5 K'J,
Phone: l wo ?5&o--- i 00 0
Emergency Contact Person
Name:
Phone: 945 - �� g
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: d MSubcontractor's Name: 1�
License Number:
Address:
Telephone: (
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: l
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: ! 1
Work to be performed:
Page 13 of 42
EXTRA WORK PRICING SCHEDULE
LABOR
Additional Laborer
$
5-
per hour
Additional Irrigator
$
57
per hour
Additional Supervisor
per hour
IRRIGATION PARTS — Installed
Heads: 1 }
Drip Emitter
$
ea
2)
Rain Bird 1800 Pop Ups
$
Y L 00
ea
3)
Rain Bird 1400 Series Bubbler
$
-, o o
ea
4)
Hunter 120
LP, 00
ii''fl,
ea
5)
Hunter 140
$
oO
ea
6)
Hunter 125
$
11a, 00
ea
7)
PGP
$
--Le - 00
ea
8)
PGM
$
/ 9, 4o
ea
Valves:
Note: All electric replacement valves will be Rain Bird GS Series. All Ball Valves
will be Full Port Plastic. if other manufacturer is used, the City will pay cost of
materials plus a 15% mark-up.
1" Valve: 1)
2)
3)
4)
5)
6)
8)
9)
10)
11)
12)
Filter
Pressure Reg.
Solenoid
Bleeder Screw
Diaphragm
Plungers
Screens
Complete Drip Assembly Valve
Complete Electric Valve
Ball Valve wlFittings
Valve in Heads (if applicable)
Solar Solenoids
$ 0,00
ea
$3,00
ea
$,.50
ea
$ t'r610
ea
$ 6'0
ea
$ 0, on
�
ea
$ o n
ea
�5
$ , ov
ea
$ l � 5o
ea
$ 5� o o
ea
$ N1A
ea
$ 105,50
ea
Page 36 of 42
I %2' Valve: 1 }
Filter
$
03, od ea
2)
Pressure Reg.
§
0, 60 ea
jq,50
3)
Solenoid
$
ea
4)
Bleeder Screw
$
12,00 ea
5)
Diaphragm
$
EN,00 ea
6)
Plungers
40.00 ea
7)
Screens
a5 , 00 ea
8)
Complete Drip Assembly Valve
$
3 $5, 00 ea
9)
Complete Electric Valve
$
200 � 00 ea
10)
Ball Valve w/Fittings
$
76 L 6Z ea
11)
Valve in Heads (if applicable)
$
Al / ea
12)
Solar Solenoids
$
/05c7 ea
2" Valve: 1)
Filter
$
3-7 3 .Z, ea
2)
Pressure Reg.
$
6905,6o ea
3)
Solenoid
$
54 9.5 a ea
4)
Bleeder Screw
$
,00 ea
L-2
5)
Diaphragm
$
7, 00 ea
6)
Plungers
$
40.00 ea
7)
Screens
$
c,? 5, OQ_ ea
8)
Entire Drip Assembly Valve
$
q%,00 ea
9)
Entire Electric Valve
$ ,20 ,50 ea
10)
Ball Valve w/Fittings
$
11 , 50 ea
11)
Valve in Heads (if applicable)
$
hl /A ea
12)
Master Valve
$
401,50 ea
13)
DIG/LEIT Solenoids
$
05.50 ea
Page 37 of 42
... PLANT MATERIAL REPLACEMENT
yt. Note: Unless otherwise described, replacement plant material will be whatever is normal
and customary for the City of Palm Desert.
1 Gallon Shrub Installed
5 Gallon Shrub Installed
15 Galion Shrub Installed
*15 Gallon Tree Installed
*24" Box Tree Installed
*30" Box Tree Installed
*36" Box Tree Installed
$ IIn.00
$ 'a q6, 0 0
$ 3"76.a a
$ 650,00
Note: Anything over 36" Box 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 38 of 42
x
TURF MAINTENANCE
110
Hybrid Bermuda Sod Only
Aerifieation: Core
Deep Tine
Renovation:
Top Dressing:
Labor & Equipment
Labor & Equipment
Labor & Equipment
Labor & Equipment
Sweeping: Labor & Equipment
Overseeding
(Seed Application Only): Labor & Equipment
Mowing:
Labor & Equipment
$
per sq ft
$ 50
per sq ft
$ 1-f ,SC7
per sq ft
$ 55-, M
Der 1,000 sq ft
$ i 0 O'D Der 1,000 sq ft
$ 5 a per 1,000 sq ft
$ i TV per 1,000 sq ft
$ OV per 1,000 sq ft
At the City's discretion, any or all -additional work may be paid for Time and
Materials using hourly labor rate and materials plus 15% mark up instead of unit
pricing.
Page 39 of 42
i WITNESS WHEREOF, the parties hereto have caused this instrument to be
. IN
executed the day and year first 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 34 of 42
CONTRACTOR
APPROVED AS TO CONTENT:
MARK GREENWOOD, P .E.
DIRECTOR OF PUBLIC WORKS
7603411098
Od:53:50 a.m. 08-24-2006 1 16
CITY OF PALM DESERT
CALIFORNIA
ADDENDUM NO. 1
LANDSCAPE MAINTENANCE AREA 1
PROJECT NO.901-06
CONTRACT NO. C25540
ISSUED August 23, 2006
�c yam✓
RK GREENWOODA.E.
DI ECTOR OF PUBLIC WORKS
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL
GAPubWorks\PR6JP.Ci'S1901-XX LMA 112006-Mid DocumentsL4ddendum No.l.dnc
160 3417093 08:53:59 a.m. 08-24-2006 216
This addendum clarifies the following items for the project bid documents as
requested in writing and received on August 23, 2006, for tie above referenced
project:
1. Written Questions;
Q. Can we receive a current bidders list?
A. Yes. See attachment.
Q. Also is there any current addendums on these projects?
A. No.
GAPnbWorks\PMECTS1901-XX LMA 112006-07\Sid Documents\Addendum No.l.doc
0
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