HomeMy WebLinkAboutC25560 Landscape Maintenance Area LMA No. 2 - 902-06REQUEST:
SUBMITTED BY:
CONTRACTOR:
DATE:
CONTENTS:
Recommendation:
MEETING DATE "/ ' /V. GC,
CONTINUED TO 42 ' t4c;L.6)(-
CITY OF PALM DESE EI PASSEDTO 2ND READING
PUBLIC WORKS DEPARTNitiv i
STAFF REPORT
Award Contract No. C25560 for Landscape Maintenance
Area No. 2 to Sunflower Landscaping of Indio, California
(902-06)
H. Spencer Knight
Landscape Manager
Sunflower Landscaping
47-611 Sunflower Street
Indio, CA 92201
September 14, 2006
Proposal
Agreement
Vicinity Map
By minute motion, reject the low bid from Greenscape Landscaping, Inc.
of Temecula, California due to their lack of desert landscape maintenance
experience, and award Contract No. C25560 for Landscape Maintenance
Area No. 2 to Sunflower Landscaping of Indio, California in the amount of
$90,000.00.
Discussion:
On August 2, 2006 the City Clerk advertised and called for bids for Landscape
Maintenance Area No. 2. Bids were opened and read aloud on Monday, August
28, 2006 at 10:15 am with the following results:
1. Greenscape Landscape, Inc. (Temecula, CA)
2. Sunflower Landscaping (Indio, CA)
3. Garza Landscaping, Inc. (Indio, CA)
4. Shadow Palms Gardening Service (Indio, CA)
5. Hort Tech, Inc. (Palm Desert, CA)
6. Vintage Landscape, (Bermuda Dunes, CA)
$ 82,800.00
$ 90,000.00
$ 97,680.00
$105,000.00
$134,940.00
$149,292.00
Staff has reviewed the proposal from Greenscape Landscape, Inc. and all of the
references listed in their bid documents. All references were for contracts in
G:\PubWorks\Staff Reports\2006\September 1413 Award C25560 LMA 21Award Contract LMA2 Sunflower Landscaping
902-06 .doc
Award Landscape Maintenance Area No. 2 to Sunflower Landscaping
Page 2 of 2
September 14, 2006
western Riverside County. No local office or local work experience was listed in
the Contractor's Proposal. It is staff's opinion that Greenscape Landscape, Inc.
has not provided satisfactory assurance or verified acceptable experience
maintaining desert landscapes in a desert environment. Therefore, staff does not
recommend awarding this contract to the company per item 13 in the Instructions
to Bidders and the Technical Ability and Experience Section of the Contractors
Proposal in the bid documents. Both sections clearly indicate that bids from firms
that do not reflect adequate training experience and qualifications to conduct the
necessary work may be rejected.
Sunflower Landscaping of Indio, California has tendered the next lowest and
apparently responsible bid. Mr. Ray Valdez has executed past landscape
maintenance contracts for the City, both as Sunflower Landscaping and under
the employment of another landscape contractor. Mr. Valdez's desert landscape
experience and knowledge are excellent; however, in delivering services in the
past (over two years ago) Sunflower Landscaping performance was inconsistent.
Staff contacted the listed references and all parties were very happy with their
performance, indicating that Mr. Valdez was very responsible and responsive.
Funds are available in account 110-4614-453-3320.
Therefore, based on the results of the reference check, staff recommends that
City Council, by minute motion, reject the low bid from Greenscape Landscaping,
Inc. of Temecula, California due to their lack of desert landscape maintenance
experience, and award Contract No. C25560 for Landscape Maintenance Area
No. 2 to Sunflower Landscaping of Indio, California in the amount of $90,000.00.
Submitted By:
H. ncerFight
La ds pe nager
Approval.
omer Cro
ACM for Dev op ent Services
Carlos Ortega
City Manager
/hsk/bg
Departure ead: 1
Mark Greenwood, P.E.
Director of Public Works
Paul Gibson
Finance Director
G:‘PubWoks\Staff Reports\2006kSeptember 140 Award C25560 LMA 2Award Contract LMA2 Sunflower Landscaping 902-06 doc
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on this 14th day of
September 14, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Sunflower Landscaping, 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 ninety thousand dollars ($90,000.00) 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.
(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
W:Wgenda Items�2006-Sept 14�Award C25560 LMA 2Wgreement LMA2.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. 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 C25560 LMA 2Wgreement LMA2.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 C25560 LMA 2Wgreement LMA2.doc
CONTRACTOR
APPROVED AS TO CONTENT:
MARK GREENWOOD, P .E.
DIRECTOR OF PUBLIC WORKS
Page3of3
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FRED WARING DRIVE MEDIANS
BAJA PARK
FR ON TAG E R OAD PAR KWAY
EL PASEO MEDIANS
MONTEREY AVENUE MEDIANS
TOWN CENTER WAY MEDIANS
SAN PABLO AVENUE MEDIANS
PHY LLIS JAC KSON LANE WALLS
PALM DESERT VISITOR CENTER PALM DESERT COMMUNITY CENTER
PALM DESERT HISTORICAL FIRE STATION
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LL DRHAYSTACK RDHAYSTACK RD
MO UNT AIN DRMOUNTAIN DR
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TOWNCENTERWAYTOWNCENTERWAYPITAHAYAPITAHAYA STST
PORTOLA AVEPORTOLA AVEMONTEREY AVEMONTEREY AVEEL PASEOEL PASEO
FR ED WAR ING D RFRED WAR ING D RPAINTE
RS PATHPAINTERS PATHMERLE D RMERLE D R
CHARGER SCULPTURE
FRED WARING DRIVE MEDIANS
BAJA PARK
FR ON TAG E R OAD PAR KWAY
EL PASEO MEDIANS
MONTEREY AVENUE MEDIANS
TOWN CENTER WAY MEDIANS
SAN PABLO AVENUE MEDIANS
PHY LLIS JAC KSON LANE WALLS
PALM DESERT VISITOR CENTER PALM DESERT COMMUNITY CENTER
PALM DESERT HISTORICAL FIRE STATION
Landscape Management Area 2Out for Bid
City of Palm Desert
.
August 2006
0 10.5
Miles
�
The AGENCY reserves the right to rej eci any or all bids, to waive any irregularity, to accept any
bid or portion thereof, and to take all bids undEr advisement for a period of sixty (60) days.
At the tima of contract award, the prime contractor shall possess a C-271icense.
BY ORDER �F the City Council of the City of Palm Desert.
Dated this 28�x day of AUGUST , 20 06
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92264
{760) 346-Obl l
Page 4 of 51
�
AFFIDAVIT OF NON-COLLUSIDN BY CONTRACT4R
C4NSOLIDATED MAINTENANCE AREA NO. 2
CONTRACT NO. C25560 �
STATE OF CALIFORNIA)
COUNTY OF RiVERSIDE)
}SS
��rrnn ❑Ar.nnF7 being first duly sworn, deposes and says: that
he is�� FR Of __Si1NFT,nWFR T,AATTISf'.APTNf`_
{insart "So�e OWI�ER", 'Partner", or okher proper title) (insert name of bidder or other proper tikEe}
who submits herewith to the City of Palm Desert, a Proposal;
That all sta�ements of fact in such Proposal are true; That such Proposal was not made
in the interest of or on behalf of any undisclased 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, communicatian or
canference with anyone attempted #o induce action prejudicial to #he interest af th� C�ty
of Palm Desert, ar of any ather bidder of anyone else interested in �he 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 anyane else to submi# a
#alse 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 ar
sham Proposal, or that anyone should refrain from bidding or withdraw
their Proposal.
(c) Did not, in any
communicat�ons,
overhead, profit,
anyone else.
manner, directly or indirectly, see
or conference with anyone to
or cost element of this Proposal
; 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 th� contents thereaf, or divulge information or
data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to ar�y member or agent
thereof, or to any individual or group of individuais, except to the City of
Palm Desert or to any person or persons who ha�e a partnership of
other financial interest with said bidder in his business.
Page 8 of 51
I'ti
(e) That no councifperson, officer, agent or employee of the City of Palm
Desert, is personally fnterested, directly or indirectly, in #his con#ract, or
the compensation, oral ar in writing, of the City Council its officers,
agents or employees, has induced fhem �o enter infa this Contract,
excepting only those contained in this form of Contract and �he papers
made a park her�af by i#s terms.
Subscribed and sworn #o before me this 28Tx day of
tary Public in and for said
County and State
AUGUST ,ZQ 06
By. r2 �_. - :.. -
�Yriurmo v�An�z
Title: owNEx
PERSONAi.LY KNOWN TO ME OR 1'RQVED TO ME ON THE BASIS QF SATTS�'ACTORY EVIDENCE TO BE THE
PERSON{�) �p AFpEAR�D B�FOR.E ME.
MERCEDES F. GUTIEltR �
� � COMM. �2t869759
� = 1�4t.qI�Y �U9LIC � CALiFQRN1A�
'� RII/ERS�DE COUNTY
� - Conmi55ipn ires ApR 18, 2009 �
Page 9 of 51
!
i
CONTRACTORS PROPOSAL
CITY OF PALM DESERT SUBMISSION FORM
LANDSCAPE MAINTENANCE SERVICES FOR:
CONSOLIDATED MAlNTENANCE AREA NO. 2
TO: CITY CLERK
City of Palm Desert
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
5�6 -_. $ (� � an ,
The undersigned declares that they have carefully examined the Specifications
accompanying the In�itation to Bid and is thoroughly familiar with the contents thereof,
is authorized ta represent the bidding firm and propose services to Palm Desert.
It is understood that the price shawn hereon includes all routine a�d seasonal
maintenance described in the specificatians.
For each item, the averaged one-month mair�tenance cost shall be indicated anc4 the
total af these costs shall be extended for the term of the contract.
�TEM � DESCRIPTION
� 1. EI Paseo Stree# Medians
� 2. Palm Desert Community Center
� 3. Palm Desert Historical Fire Stat�on
� 4. Frontage Road Parkway— Highway 74
5. Fred Waring Drive Medians from Deep
Canyon to North of Highway 111; from
Deep Canyon South to the San Pascual
Channel; the south wall
6. Town Center Way Medians
7. Monterey Avenue Medians from EI Paseo
Drive to the Whitewater Channel
� 8. San Pablo A�enue Medians
I 9. Hwy. 74 Median between Hwy. 111 & EI
Paseo
I 10. Portola A�enue Median and the easfside
par#cway between Alessandrol EI Cortez
'k 1. Charger Sculpture on Hwy 74 between
El Paseo and Hwy 111
12. Phyllis ,lackson Lane (East Side)
13.
TOTAL
PRICE
(MONTHLY)
$ �. 5A a '.�
$ � �"� 5 r�
8
$ � obo �
� d`v�o �
$
$
$
$
$
$
$
$
$
oLo a ~ $ �. Nmo �'
�s � � � 9 0� �.
�' � �'� $ �! �• r. �
PRICE
�ANNUALLY�
$ � o, o �so =
$ � ,�.a o �
.p � 00 J
$ 1 �! o c�e� --
� t �� o r� r� :.�
3� � � �r �b� .�
/ �� �
��a o �
F
�a
�
�
f � gvo �
�j p, �10 0 �
Page 10 of 51
`��
CONTRACTORS PROPOSAL (CONTINUED)
T�TAL AMQUNT BASE B1D IN FIGURES $ �I O�, a o o �—= "
TOTAL AMOUNT BASE B1D IN WORDS �n��-�-`/ �'�o�sSHr�•d
/
The costs of any work shown or required in the Plan and Specifications, but not
specifically ider�tified as a Pay Item are included in the Pay Items, and no additional
compensation shall be due Contractor by �irtue of Contractor's compliance with the
Plans and Specifications.
_5�3,�L0l.��2 1 _ G]m�IJ.SG$P1 ��
COMPANY
L � �' I .� J�Go�.��'�L- � i
ADDRESS
(7lga) �'s3S-�/GI!
TELEPHONE
[ � �' _ � •►
:■-. .,. �:
�(2� � rJr�(.�.�..
SlGN/�PfURE
! 7�� ) .� �l ? — �� .�
FAX
i�7��ra ��sL
TITLE
�5��7—c� lo
DATE
TECHNICAL ABILITY AND EXPERIENCE
The bidder must verify acceptable experience o# di�ersified landscape maintenance,
which will enable the City to judge the responsibility, experience, skill, and
businesslfinancial standing of the bidder.
Due to the location and the unique nature of the plant material associated with this
maintenance area, the City Council of the City of Palm Dese�t reserves the righ� to
reject bids from firms #hat da not reflect adet�uate training, experience and qualifiications
to concluct the necessary work.
Additional numbered pages outlining infarmation required or this portion of the propasai
shall be attached as necessary.
The bidder is required to state all work ofi a similar character #o that included in the
proposed contract that he has perFormed in the last three years. Provide references with
an address, contact person and phone number.
Page 11 of 51
C�NTRACTQRS PR�P�SAL (CONTINUED)
Contract Class of Date Name, Address & Telephone
Amount Work Completed No. of Owner .
1 �$;_ovA n'JF}�.�E.�3RcE C.1-�J�fi�� f�7Rr�AGEr�'IC.� ��,��,F'
T
'� 3 -o� i E-L r�s�
(-�i4.rn P�5�2� 7G� 3 `�1 � �8 S�tB"
2 ��, o0 o r�'l H �rFTE�qcG G o,4 G�EGc�4 ✓ c�rro frr'�'
' V��-r-a�- ca,�-2�. �]► �T y 3 - �12- �`7�� �
�Daa �A 7Ga �`�2— S�2$7
3 ao� � s�. _-fE�&�� ,VA� f� Pa i�t� 310
��� �3E�AR-f�l�D
� a 9 R�� �- � Y 7`7
Due to the loca#ion, sizelextent and maintenance requirements of th� maintenance
area, bidder is required to state how he will pro�ide the necessary maintenance and
services in the specifications. State the estimat�d manpower your company will use �
each week to fulfil� the contract, including supervision, irrigation and general labor sub-
categories. Include the horticultural training andlor experience of the personne� t�at will
be used to o�ersee andlor perform the various tasks outlined in the specifications.
���r� ��rE d � a�rL s F'��- »� � n�rH
tl�
S �E � -TTfl L1-� Et�
Page 12 of 51
Srt7N��.QWFR LAI�USCEIPING
HORTICULT[JRAL TRAIN�NG AM3 E3CPER,I�NCE
S�aa-QAL Cls� B I.icen�e, C 27 �om�a�oas �e. Ser�red oa Urb� Fo� Aci�p
C �.;., . u:.., �;, for C�l.y af Palm Des��t to heip deve�oP �eIiues f� �e sud �lia�ion a�p�rt
material. H�re workc�d i� Ra� T�ill Co�m.y Cl�, Hor�ego Spru►gs CA and in tii►►e Cc�achella Vai�y at the
ditectio�t a�the Iate Eri� Johnson doi�g m�ia�us �his �gns. Du�rite� �s tim� I neo�ved au
e�te�si�e �c�iiivn fr�o�n him re�g t�e t�se anwd � af n�ve d+e�ert a�ea pla�rt m�si.
D�r�ng the }�t 30 yea� �u tLe i�y � hav� ��nri�d � ti�e 5prings �.Y Chil� V'i�daS� Cau�y Clab,
Ita�rtio[�od C�r Glub�, In�an Rid�e Cq�u�cy �b and d� pla� i�#�i�n � P'i� � c�Deseat
L�$ �d �i�e�oe for 2� y+e�rs of t� entire I7�r C�ng o�mp%x-
�rtig�tio� Tecl�nia�an �S ye,ars ea�petie�ce vnth i:rigabit�a sysbems. �Ias w�a�d �vitL. all p� � solar
]Yt�b'."'v"'a B�S�S' �p ifab %ii�[4� iII ,... �� fy �i :::.:: . l g aarLL ����OD�1�, ..'�"'�Y7 i� •'�""O
��Ct1i8 aIIt� V�VF.� 1IE 9fl�C �[1�ti0II Sy�S.
�I$1 �)OI� 'yy1]i � �" �IIh� h�11� � �VI� 3II �1C �1i�' CAI�C � �dI�C�
��1�IIt i�fl�[181.
� r
CONTRACTORS PROPOSAL (CONTINUED)
Please include the following: , ,
Local O�ce
Address: �-/ ?— G l l �dr� ��o��i�- s�"
�,J,o� o c- A `3 �..�� 1
Phone: ( 76p } FS 3S —/ 6l 1
Emergency Contact Person
Name: f2 � �/ 1/AL/�,�J�Z_
r
Phane: 7 G a �S 3 S�� /� � �
Sub-Contractor List:
List the names and addresses of each sub-cantractor who will perform work in or about
the maintenance area, and indicate wha� portian of the work will be done by each sub-
contractor:
Subcontractor's Name:
L.icense Number:
Address:
Telephone: ( )
Work to be performed:
Subcontractor's Name:
�icense Number:
Address:
Telephone: ( )
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone: ( )
Work to be performed: .
Pa�e 9 3 of 51
1 , 1e
CONTRACTORS PROPOSAL (C4NTINUED)
Maintenance Equipment: ,
Please list company owned equipment to be used to provide the lartdscape
maintenance services requested in the contract specifications.
Turf: �1 `� G�R�.,� ���1�.�� f�c��r�Ft
(� C- l�v � Lo�e.�2
L-' � ,ra o Gr� �Grb G-�i�T
� c- / �f D d� L-�10
_S [_ d - (.� � c �G �� ,�C.. ,� �fZ-� c/
�
'�'cl � � � p f-� E r�-�I 'r-a �t..._
Annual Flowers: �r��L �C v � b-t-r� �-T1 �.(�r2
Other Ac#i�ities as Listed:
Page 14 of 51
,#
AGREEMENT
THIS AGREEMENT is made and entered inta the City of Pafm Desert on this �
day of 20 , by and between THE CITY OF' PALM
DESERT, a municipal corporatior�, hereinafter referred to as "CITY", and referred to as
"C4NTRACTOR".
WITNESSETH:
WHEREAS, on , the CITY invited bids for landscape
maintenance ser�ices for City maintained properties per specificat�ons; and
WHEREAS, pursuant to said in�itation, CONTRACT4R submitted a proposal, which
was accepted by CITY for said services.
NOW, THEREFQRE, in cansideration of their m�tual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
15 TERM. The term of #his Agreement shall be from October 1, 2005, through
October 31, 2006, or to such later date as may be agreed in writing
befiween parties.
{2} CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement,
CITY will pay and C4NTRACTOR shall recei�e in full compensation, there�ore
the total sum�s>,.s�-r�/ -r�Fd�SA,�� ($1 � o, ovm �
as set forth in the Cont�ac# Documents and adopted by the CITY. �`
16 CONTRACTOR'S OBLIGATIDN For, and in consideration of the
payments and agreements hereinbefore mentianed 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 Canditions.
17 HOLD HARMLESS AND INDEMNIFICATlON. CONTRACTOR agrees to
defend, indemnify, and hold harmless The City of Paim Deserk, its officials,
officers, employees, representatives, and agents from and against all
claims lawsuifs, liabilities or damages of whatsoe�er �ature arising out of
our connection wifh, or rela#ing in any manner to, any act or omission of
CONTRACTOR, his agents, employees, and subcontractors and
employees thereaf in connection with, the performance or non-
performance of this Agreem�nt. The C4NTRACTOR shall thoroughly
in�estigate any and all claims and indemnify the CITY ar�d da whatever is
necessary to protect the City of Pa�m Desert, its official, afficers,
employees, agents, and representati�es as to any such claims, lawsuits,
liabiii�ies or damages.
Page 35 of 51
, rj
18 AMENDMENTS. Any amendment, modification, or �ariatior� from the
terms of this Agreement shall be in writing, signed by the CONTRACTOR
and approved by the City Councif of the CITY. ° �
19 TERMENATION. If, du�ing �he term of this Agreement, CITY de��rmines
that CONTRACTOR is not faithfully abiding by any term or condition
contained herein, ClTY may notify CONTRACTOR in writing of such
defect or failure to �perform; which notice must gi�e C�NTRACT4R 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 natice, such shall
constitufie 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, obfigations, responsibiliti�s, or rights under this
Agreeme�t except, howe�er, any and all obligation o# CONTRACTOR's
surety shall remain in full force and effect, and shail not be ex�inguished,
reduced, or in any mann�r waived by the termination hereof. In said event,
CONTRACTOR shall be entitled to the reasonable �alue of its seEvices
perf'ormed from the beginning af the periad in which the breach occurs up
ta the day it received CITY's Notice of Termination, minus any offset #rom
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 pe�'mit a full and com�lete accounting of costs. In no
event, however, shall CONTRACTOR be enfiitled 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 Condi#ions; Bid
Submission Form(s), Addendum Nos._� ; Change Orders; additionak or
supplemental specifications, drawing, maps or diagrams; and CITY issued forms
rel�ting to this project, are hereby incorporated in and made a part of this
Agreement.
(8) COMPLETE AGREEMENT. This written Agreement, including all wrifiings
specifically �ncorporated herein by this reference, shall constitute the comple#e
agreement betw�en the parties hereto. No oral agreement� understanding, or
representation not reduced to writing and specificafly incorporated herein shall be
of any force or effect, nor shail any such oral agreement, understanding, or
representatian be binding upon the parties hereto.
Page 36 of 5�
,,
IN WITNESS WHERE4F, 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, CAL,IFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
DAViD J. ERWIN, CITY ATTORNEY
CONTRACTOR
� �, t��.c��
� ���2..a(,eS�2 L"�'�''S�'�P�N�
APPROVED AS T� CONTENT:
MARK GREENWOOD, P .E.
DlRECTOR OF PUBLIC WORKS
�age 38 of 51
EXTRA WQRK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2
EXTRA WQRK PRICING SCHEDULE
LABOR
Additional Labarer
Additional Irrigator
Additional Super�isor
IRRIGATION PARTS — instalfed
Heads: 1)
2)
3)
4)
5)
6)
7)
8)
Drip Emitter
Rain Bird 1$00 Pop Ups
Rain Bird 1400 Series Bubbler
Hunter 120
Hunter 140
Hunter 125
PGP
PGM
I 8' --�
� �: per hour
�� =-� per hour
$ 3b � per hour
� � . = ea
� ��.� ea
��,�-� ea
� `3 0 `�- ea
��� �- ea
$ .�v =� ea
��,� � ea
$ �a == ea
Valves:
Note: All electric replacement valves will be Rain Bird GB Series. AlI Ball Valves will be Ful1
Port Plastic. !f oiher manufacturer is used, the City will pay cost of materials plus a 15% mark-
up.
1" Valve: 1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
�z�
Filter
Pressure Reg.
Solenoid
Bleeder Screw
Diaphragm
Plungers
Screens
Complete Drip Assem�ly Val�e
C!omplete Electric Valve
Ball Valve wlFittings
Vafve in Heads (if applicable}
Solar Solenoids
$ � r� == ea
$ z o � ea
$ � '—= ea
�s- � ea
� -��{; -- ea
� ea
$ 12.s' ea
$ 1 �,� =' ea
$ � �� "� ea
� .�o == ea
� as �� ea
$ i� = ea
Page 40 of 51
}
�
1 %2" Valve
2" Val�e:
1}
2�
3)
4)
5)
6)
7)
S)
9)
10)
11)
12)
1}
2)
3)
4)
5)
6)
7}
8)
9}
10)
11}
12)
13}
EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2
Filter
Pressure Reg.
Soler�oid
Bleeder Screw
Diaphragm
Plungers
Screens
Compiete Drip Assembly Val�e
Complete Electric Valve
Ball Valve w/�'ittings
Valve in Heads (if applicable)
Solar Solenoids
Filter
Pressure Reg.
Solenoid
Bfeeder Screw
Diaphragm
Plungers
Screens
Entire Drip Assembfy Val�e
Entire Electric Val�e
Ball Val�e wlFittings
Val�e in Heads (if applicable)
Master Valve
DIGILEIT Solenoids
��.�a "= @a
$ / � -=� ea
�b = ea
$ � �" ea
��,� � ea
� 1..�_.•� �a
$ �a- -6`a ea
$ ���� `=- ea
$ .� p� � ea
$ � o� �" ea
� .� ir� ea
$ «s � ea
$ � � � ea
$ � n �= ea
$ .� "� ea
$ ,� �' ea
$�, � � ea
$��-. � ea
$ f a� �' ea
$_ �'�� � ea
$ �� � ea
$ I � `=' ea
$ .-S,rA � ea
$�� `f ea
$ 1a-S�� ea
Page 41 of 51
EXTRA WORK PRICING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2
PLANT MATERIAL REPLACEMENT
111ofe: UnJess otherwise described, replac�menf plant maf�rial will be whatever is normal and
customary for fhe City of Palm Desert.
1 �allon Shrub Installed $ � �"
5 Galfon Shrub installed $ / � �a
�15 Galion Shrub Installed $ �j � `
*'!5 Gallon Tree Installed $ � o� r'
�24" Bax Tr�e Installed � ,�.�� �`
._
*30" Box Tree Installed �� �a `r
�36° Box Tree Installed $ 7 a� —
Anything o�er 36" Box size wilf 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 hale, set tree, back fill)
adding irrigation if needed.
Page 42 of 51
�
TURF MAINTENANCE
EXTRA WORK PRlCING SCHEDULE
LANDSCAPE MAINTENANCE AREA No. 2
Hybrid Bermuda Sod Only
Aerification: Core Labor & Equipment
Deep Tine Labor & Equipment
Reno�ation: Labor & Equipment
Top Dressing: Labor & Equipment
Sweeping: Labor & Equipment
Q�erseeding
(Seed Applicatior� Only)
Mowing:
Labor & Equipment
Labor & Equipment
$. l o per sq ft
$ a �.� per sq ft
$ . �..5 per sq ft
$. G� per 1,000 sq ft
$ .1 F� "" per 1,000 sq ft
$ ��- �' per 1,000 sq ft
$
$
1 F� � per 1,000 sq ft
1� ` per 1,000 sq ft
At the City's discretion, any and all-additional work may be paid for Time and Materials usir�g
hourly labor rate and materials plus a 15% markup instead of unit price.
Page 43 of 51