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2023 Burrtec - SilverRock Mulch Damage ReleaseDAMAGE RELEASE In connection with providing compost spreading work at Silver Rock Resort, the City of La Quinta (the "City") has requested that Burrtec Waste and Recycling Services, LLC (the "Contractor") access the property via a dirt pile placed over the public sidewalk By Contractor. The City acknowledges that the size and weight of the vehicle to be used may cause damage to the sidewalk, the premises and/or adjacent property by using such access. Accordingly, the City relieves the Contractor and its contractors, subcontractors and each of them (the "Releasees"), from any and all claims, damages or causes of action of every kind, including, without limitation, for property damage any and all claims, damages or causes of action of every kind, including, without limitation, for property damage, arising from or in any way connected with by the delivery of compost as requested by the City. As additional consideration, the City agrees to indemnify, defend, and hold us harmless from any and all damage to the premises and/or adjacent property which may be claimed by anyone to have arisen out of delivery of the compost as requested by the City; provided, however, that such release an indemnity shall not apply to the gross negligence or willful misconduct of the Releasees. Attest: By: Ci; - Ouinta By: City Manage Approved as to form: By: Com, William H Ihrke, City Attorney Jon McMillen "We'll Take Care Of It" 0 BURRTEC TO: City of La Quinta Mr. Gil Villalpando-Director 78495 Calle Tampico La Quinta, Ca 92253 For: Recovered Organic Waste Material Product Type: Orchard Mulch Compost Details of Product Use: For City Facility Details of Delivery: Place at the SilverRock INVOICE INVOICE #LQMULCH2O23 DATE: NOVEMBER 21, 2023 QUANTITY DESCRIPTION UNIT PRICE TOTAL 3654.76 Orchard Mulch Compost- Edom Hill Compost $15.72 $57,452.83 165 Delivery — Edom Hill Compost $0.00 $0.00 3126.29 Orchard Mulch Compost- Coachella Valley Compost $15.72 $49,145.28 137 Delivery- Coachella Valley Compost $0.00 $0.00 TOTAL DUE $106,598.11 Please retain and record for SB 1383 ROWP Proof of Purchase is required per 14 CCR 18993.2 and 18993.4. Thank you for being a valued customer. We look forward to meeting your SB 1383 procurement needs. Blue shaded area was covered with mulch in November of 2023.