HomeMy WebLinkAboutC35910 - 2017 Palm Tree Pruning 931-17 Contract No. C35910
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C35910 FOR THE 2017 CITYWIDE PALM
TREE PRUNING TO ANDY'S LANDSCAPE & TREE SERVICE, INC.,
OF PALM DESERT, CALIFORNIA, IN THE AMOUNT OF $98,245.30
(PROJECT NO. 931-17)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
Janet M. Moore, Director of Finance
CONTRACTOR: Andy's Landscape & Tree Service, Inc.
P.O. Box 10520
Palm Desert, CA 92255
DATE: March 23, 2017
CONTENTS: Agreement and Bonds
Contractor's Bid
Recommendation
By Minute Motion, the City Council and the Housing Authority Board:
1. Award Contract No. C35910 for the 2017 Citywide Palm Tree Pruning to -
Andy's Landscape & Tree Service, Inc., of Palm Desert, California, in the
total amount of $98,245.30 (City $88,157.85, and Housing Authority
$10,077.45);
2. Authorize the Director of Finance to set aside an additional 10 percent
contingency in the total amount of $9,824.53 (City $8,815.79, and
Housing Authority $1,007.74);
3. Authorize the Mayor/Chairman to execute the agreement.
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, 1104611-4332001,
1 1 0461 0-43371 00, Repair/Maintenance Medians Account 1104614-4337001, Desert Willow
Account No. 4414195-4332000, and Assessment District Fund 200 accounts; and for the
Housing Authority, funds are set aside in the 2016-17 and proposed 2017-18 Housing
Authority operating budgets.
Strategic Plan Objective
Annual palm tree pruning is an on-going maintenance activity and, as such, does not
contribute directly to the Strategic Plan goals.
Staff Report
Award Contract No. C35910 for 2017 Citywide Palm Tree Pruning
Page 2 of 2
March 23, 2017
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of March 8,
2017, and by a 7-0 vote forwarded the recommendation to the Housing Authority Board.
Background
The Citywide Palm Tree Pruning project includes the City of Palm Desert, Desert Willow,
and Housing Authority properties. The subject program was advertised in the local media
requesting sealed bids. On March 7, 2017, sealed bids were opened and read aloud and
the following bids were received:
Contractor Location Bid Amount
Andy's Landscape & Tree Svc. Palm Desert, CA $98,245.30
Reliable Tree Care Coachella, CA $111,420.00
Mariposa Landscapes Irwindale, CA $185,700.00
West Coast Arborists Anaheim, CA $215,412.00
When the bids were reviewed, it was noted that the low bidder, Andy's Landscape & Tree
Service, Inc., incorrectly wrote the "Total Amount Base Bid in Words." They also did not
include the email address that they use with the Department of Industrial Relations. These
minor irregularities were reviewed with the City Attorney, and he has agreed that they can
be waived. Therefore, staff recommends awarding the contract to Andy's Landscape &
Tree Service, Inc.
Fiscal Analysis
Funds are available for the portion of the contract relative to the City and Assessment
Districts in Parks and Recreation Accounts 1104610-4332001, 1104611-4332001,
1104610-4337101, Repair/Maintenance Medians Account 1104614-4337001, Desert Willow
Account No. 4414195-4332000, and Assessment District Fund 200 accounts; and for the
Housing Authority, funds are set aside in the 2016-17 and proposed 2017-18 Housing
Authority operating budgets.
Prepared by: Depa n ad:
Randy Ciii
z L dscape Supervisor Mark Gr n ood, P.E.
Director f ublic Works
J VIC . Moore, Director of Finance
Approval: _4
Lauri Aylaian
City Manager/Executive Director
CONTRACT NO. C35910
AGREEMENT
THIS AGREEMENT is made and entered into this 23rd day of March, 2017, by
and between City of Palm Desert, California, hereafter called "CITY" and Andy's
Landscape & Tree Service, Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2017 CITYWIDE PALM TREE PRUNING, PROJECT NO. 931-17; CONTRACT
NO. C35910; 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)
Noncollusion 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) The Plans, (n) Any Change Orders issued, (o) Any additional or
supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents (p) The Determination
of Prevailing Wage Rates for Public Works, (r) 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 90 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
CONTRACT NO. C35910
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.
CONTRACT NO. C35910
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
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 Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. ROBERT W. HARGREAVES
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
CONTRACT NO. C35910
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)
CONTRACT NO. C35910
A - PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm
Desert has awarded to Andy's Landscape & Tree Service, Inc., hereinafter designated
as the "Principal", a contract for:
2017 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-17
CONTRACT NO. C35910
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, Andy's Landscape & Tree Service, Inc., 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 Ninety-eight Thousand Two Hundred Forty-five and 30/100 Dollars
($98,245.30), 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.
CONTRACT NO. C35910
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 .
Andy's Landscape & Tree Service, Inc.,
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.:
CONTRACT NO. C35910
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)
CONTRACT NO. C35910
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)
CONTRACT NO. C35910
B- PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Andy's Landscape & Tree Service, Inc. (hereinafter
designated as the "CONTRACTOR"), an agreement dated March 23, 2017, described
as follows: 2017 CITYWIDE PALM TREE PRUNING, PROJECT NO. 931-17,
CONTRACT NO. C35910 (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, Andy's Landscape & Tree Service, Inc., 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
Ninety-eight Thousand Two Hundred Forty-five and 30/100 Dollars ($98,245.30), 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.
CONTRACT NO. C35910
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
PRINCIPAL/CONTRACTOR: SURETY:
Andy's Landscape & Tree Service, Inc.
(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.
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.:
CONTRACT NO. C35910
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)
CONTRACT NO. C35910
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)
CONTRACT NO. C35910
C — CONTRACTOR'S BID
2017 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-17
CONTRACT NO. C35910
TO: CITY OF PALM DESERT, "CITY"
DATE: VP-vim'Y Flo, /201 -1
C
BIDDER: P0I1cPc' L 1 /WG `'JG�v1t- CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2017 CITYWIDE PALM TREE PRUNING,
PROJECT NO. 931-17; CONTRACT NO. C35910; 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 60
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 contract 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
Page C-1
CONTRACT NO. C35910
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
It 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.
ITEM UNIT
NO. • ITEM DESCRIPTION UNITS QUANTITY COST TOTAL
1 City Palm Tree Pruning EA 3,333 $,.4, ,, � l57
.06
Housing Authority Palm Tree EA 381 $ $
2 Pruning ✓Lco. Le-4 t o,071 '(-5
TOTAL BID PRICE $
98, .3v
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 $ '18, v
TOTAL AMOUNT BASE BID IN WORDS IJ t1•11-E-'( eIzt44 j •-j-HOU p
i N-i V1-`4*
-cv'JO H i ttI.1 A-nj Q 7 00 12o w --;
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
CONTRACTOR
By ,. b.
Title: k 'l 2( ':G4/V 1
Page C-2
CONTRACT NO. C35910
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 teleCS(De, )
Subscribed and sworn to (or affirmed) before me on this 3' ' day of Mai26 11.
(month), ZU 17 (year), by\j a., g.Olml r t Bra- Ptcb �1
proved to me on the basis of satislWctory evidence to be tile person(s�
who appeared before me.
�.:�. VIRGINIA RAMIREZ
41'�, '1� Commission #2086531
■ ��1 Notary Public-California z
Riverside County
Comm.Ex Tres Oct 17,2018
Signature of Nota (Seal of Notary)
Page C-3