HomeMy WebLinkAboutC36980 - 2018 CW Tree Pruning 932-18 CONTRACT NO. C36980
STAFF REPORT
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
PUBLIC WORKS DEPARTMENT
MEETING DATE: August 23, 2018 Q U
PREPARED BY: Randy Chavez, Landscape Supervisort /
REQUEST: Award Contract No. C36980 for the 2018 Citywide Tree Pruning to
George Salinas Tree Preservation, of Yorba Linda, California, in the
amount of the base bid of $362,000 plus $42,210 contingency
(Project No. 932-18).
Recommendation
By Minute Motion,
1. Award Contract No. C36980 in the amount of $362,100 (City $257,900,
Desert Willow Golf Resort $60,000 and Housing Authority $44,200);
2. Authorize the Director of Finance to set aside a 10 percent contingency in the
amount of $30,210 (City $25,790, Housing Authority $4,420); and 20 percent
contingency Desert Willow Golf Resort ($12,000), for a total contingency of
$42,210;
3. Authorize the Mayor/Chairman to execute the agreement; and
4. Authorize the City Manager to execute change orders in an amount not to
exceed the contingency amounts.
Funds are available for the portion of the contract relative to the City and Assessment
Districts in Parks and Recreation Accounts 1 1 0461 0-4332001, 1 1 0461 0-43371 00,
Repair/Maintenance Medians Account 1 1 0461 4-4337001, Desert Willow Account No.
4414195-4332000, and Assessment District Fund 200 accounts. Housing Authority
funding for the contract services are identified in the 2017-18 and proposed 2018-19
Housing Authority operating budgets.
Committee/Commission Recommendation
At the July 11, 2018 Housing Commission meeting, staff informed the Commission that
the Citywide Tree Pruning was out to bid, and included the Housing Authority trees. Due
to scheduling and time constraints, the bids would be opened and be presented to the
City Council for award prior to the next Housing Commission meeting, which is held in
September. The Housing Commission will review the recommendation as an
informational item at its scheduled meeting on September 5, 2018.
August 23, 2018 - Staff Report
Award Contract No. C36980 to George Salinas Tree Preservation (Project No. 932-18)
Page 2 of 2
Strategic Plan
Annual tree pruning is an on-going maintenance activity and as such, does not directly
contribute to the Strategic Plan goals.
Background Analysis
The Citywide Tree Pruning project is performed on an annual basis to maintain the
City's urban forestry assets. Along with the trees in parks, medians, and Housing
Authority, the Desert Willow Golf Resort trees were also included in the 2018 tree
pruning program.
Project Description
On June 27, 2018 and July 4, 2018, a Notice of Inviting Bids was advertised in the local
media. On July 31, 2018, sealed bids were received from the following firms:
Contractor Location Bid Amount
George Salinas Tree Preservation Yorba Linda, CA $362,100
Mariposa Landscape Inc. Irwindale,CA $462,174
West Coast Arborists Anaheim, CA $573,845
George Salinas Tree Preservation was the lowest responsive bidder, and as such, staff
recommends awarding the Contract in the amount of $362,100 and authorizing a
contingency of $42,210.
Fiscal Analysis
The tree pruning contract is an on-going maintenance activity with no fiscal impact
beyond the contract amount.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
NM „(:___ ./..._ 1(41(
v z.,
Robert W. Hargreaves Tom Garcia, P.E. Jan M ore Lauri Aylaian
City Attorney Director of Public Works Dire for of Finance City Manager
APPLICANT: George Salinas Tree Preservation
3514 Merienda Lane
Yorba Linda, Ca 92886
ATTACHMENTS: Agreement
Performance Bond
Payment Bond
Contractor's Bid
Contract No. C36980
AGREEMENT
THIS AGREEMENT is made and entered into this 23rd day of August, 2018, by
and between City of Palm Desert, California, hereafter called "CITY" and George Salinas
Tree Preservation hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2018 CITYWIDE TREE PRUNING, PROJECT NO. 932-18; CONTRACT NO.
C36980; in strict accordance with the Contract Documents identified below, CITY
has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found
it to be correct, has ascertained that its Subcontractors are properly licensed and
possess the requisite skill and forces, has examined the site and Contract in
accordance with the Contract Documents for the money set forth in its Bid to be
paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The
Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f)
Non-collusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The
Payment Bond, (j) General Specifications, (k) The Special Provisions, (I) The
Standard Specifications as modified in other portions of the Contract Documents,
, (m) Any Change Orders issued, (n) Any additional or supplemental specifications,
notices, instructions and drawings issued in accordance with the provisions of the
Contract Documents (o) The Determination of Prevailing Wage Rates for Public
Works, (p) Addenda No.(s) 0 . All of said Documents presently in existence are
by this reference incorporated herein as if here set forth in full and upon the proper
issuance of their documents they shall likewise be deemed incorporated.
2. Contractor shall commence the work within ten (10) calendar days after the date
of the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 120 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C36980
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and
employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims which
arise from or are connected with the negligent performance of or failure to
perform the work or other obligations of this Agreement, or which are
caused or which are claimed to be caused by the negligent or intentional
acts or omissions of Contractor, its subcontractors, its agents or employees,
and, all expenses of investigating and defending against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1, above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $500 dollars per
calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties concerning
the works of improvements as referenced herein, the prevailing party in any such
litigation, being the CITY or the Contractor, should be entitled to a reasonable sum
for attorney's fees incurred in any such litigation relating to this Contract.
5. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its contract
no later than 10 days from the receipt of each payment the prime Contractor
receives from City of Palm Desert. Any delay or postponement of payment from
the above referenced time frame may occur only for good cause following written
approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
Contract No. C36980
referenced time frame may occur only for good cause following written approval of
the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide by
all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code, and
I will comply with such provisions before commencing the performance of the work
of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY: ATTEST BY:
(Signature to be notarized)
TITLE: TITLE:
CITY:
BY: ATTEST BY:
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm DesertLCA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Tom Garcia, P.E. ROBERT W. HARGREAVES
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Contract No. C36980
CONTRACTOR ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
)
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to George Salinas Tree Preservation hereinafter designated as the
"Principal", a contract for:
2018 CITYWIDE TREE PRUNING
PROJECT NO. 932-18
CONTRACT NO. C36980
WHEREAS, said Principal is required under the terms of said contract to furnish a
good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
Dollars ($ ), being 100% of the contract amount in lawful money of the
United States of America for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided, on
his or their part, to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless the City, its officers and agents, as therein stipulated, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or the
specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20 .
SURETY PRINCIPAL
BY: BY:
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
—
City/State/Zip Code:
Telephone No.:
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
SURETY ACKNOWLEDGEMENT
State of California )
)
County of _ )
On before me, ,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PRINCIPAL ACKNOWLEDGEMENT
State of California )
County of )
On before me, ,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to George Salinas Tree Preservation (hereinafter designated
as the "CONTRACTOR"), an agreement dated August 23, 2018, described as follows:
2018 CITYWIDE TREE PRUNING, PROJECT NO. 932-18, CONTRACT NO. C36980
(hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, , the
undersigned CONTRACTOR, as Principal, and a
corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of California,
as Surety, are held and firmly bound unto the City of Palm Desert and to any and all
persons, companies or corporations entitled to file stop payment notices under Section
9100 of the California Civil Code, in the sum of Three Hundred Sixty- two Thousand
One Hundred Dollars ($362,100.00), said sum being not less than one hundred percent
(100%) of the total amount payable by the said Obligee under the terms of the said
Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR,
his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall
fail to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done, or
to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop payment
notices under Section 9100 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the said Contract or to the work to
be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the
services of an attorney in connection with the enforcement of the bond, each shall pay
Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above
sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAUCONTRACTOR: SURETY:
(Typed Name of Principal/Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Signature to be Notarized) (Signature to be Notarized)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand
The total amount of premium charged: $
(the above must be filled in by corporate surety)
IMPORTANT: Surety companies executing bonds must possess a certificate of authority
from the California Insurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California Insurance Code, and if the work or project is
financed, in whole or in part, with federal, grant or loan funds, it must also appear on the
Treasury Department's most current list (Circular 570 as amended). THIS IS A
REQUIRED FORM.
Any claims under this bond may be addressed to:
Surety Agent or Representative for service of
process in California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PRINCIPAL/CONTRACTOR ACKNOWLEDGEMENT
State of California
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
SURETY ACKNOWLEDGEMENT
State of California )
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
l C _ CONTRACTOR'S BID
2018 CITYWIDE TREE PRUNING
PROJECT l.JO. 932-18
CONTRACT NO. C36980
TO: CITY OF PALM DESERT, "CITY"
DATE: 7/26/18
BIDDER: GEORGE SALINAS TREE PRESERVATION "CONTRACTOR"
The 'UNDERSIGNED, "CONTRACTOR", .having carefully examined the site and the
Contract Documents for the .construction of, 2018 CITYWIDE TREE PRUNING,
PROJECT NO. '932-18; CONTRACT NO. C36980; hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s). _for the
amount stated in this Bid_
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice inviting Bids
for the public opening of bids, this Bid constitutes an irrevocable offer for 75
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission,of all documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, Including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
�_. Page C-1
ft is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum," are estimates and the final payment will be based upon the actual work
performed, subJect to such adjustment and alterations as elsewhere provided herein.
I ITEM I I I ' UNIT I
NO. ITEM DESCRIPTION UNITS 1 QUANTITY COST TOTAL
1 City Tree Pruning EA 2,578 $ 100.00 $ 257,800.00
2 City Tree Crown Reduction EA 1 $ '00.00 $ 1oo.00
3 Housing Authority Tree Pruning 1 EA I 415 $ 100.00 $ 41,500.M0
Housing Authority Tree Crown EA 27 $ $
4 Reduction 100.00 2,700.00
5 Desert Willow Golf Resort EA 600 $ 100.00 60,000.00
TOTAL BID PRICE $ 382,1oo.co
The costs of any work shown or required in the• Exhibits and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES$ 362,100.0D
TOTAL AMOUNT BASE BID IN WORDS THREE HUNDRED SIXTY TWO THOUSAND ONE
HUNDRED AND ZERO CENTS.
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
CONTRACTOR
By:
Signature
Title: OWNER
L_. Page C-2
C. _
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
1 1 , ,), )
County of +:a ...-! )
On s. Mig,_ N % ...-fore me, Nevine F.Ayad, Notary Public
personally a.f, =red R ' •'PAM % 614
, Wr proved to -me on the basis of
satisfactory evidence to be the persons)whose name(s' sla's.subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/here*.
authorized capacity(ibs, andectt that by his/hflbit signature(e),on the instrument Me
persons or the entity upon behalf of which the personN acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
a NEVINE F.AYAD
Notary Public-California
1(41
2' Los Angeles County:q f' Commission i 2165998
My Comm.Expires Oct 24,2020
- ' ---7-
Signature (Seal)
L Page C-3