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HomeMy WebLinkAboutC34690 - Tree Pruning at Desert Willow Golf ResortContract No. C34690 CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C34690 TO UNION TREE AND PALM SERVICE, INC., OF CATHEDRAL CITY, CALIFORNIA, FOR THE FISCAL YEAR 2015-2016 TREE PRUNING AT DESERT WILLOW GOLF RESORT SUBMITTED BY: Martin Alvarez, Director of Economic Development DATE: October 8, 2015 CONTRACTOR: Union Tree and Palm Services, Inc. P.O. Box 2628 Cathedral City, California 92235 CONTENTS: Contractor's Proposal Agreement Recommendation By Minute Motion: 1. Authorize the award of Contract No. C34690 to Union Tree and Palm Services, Inc., of Cathedral City, California, for the FY 2015-2016 tree pruning at the Desert Willow Golf Resort in the amount not to exceed $50,000.00; and 2. Authorize the Mayor to execute the contract. Funds are available in Course and Grounds Expenses, Account No. 5204195-4803100. Strateaic Plan Obiective On -going maintenance of the Desert Willow Golf Resort's golf courses sustains one of the City's premier recreational facilities. By preserving and enhancing this facility, the City furthers its goals of continuing the high quality of life that our residents and visitors expect, and providing recreational and exercise opportunities pervasive in all public spaces. Background As part of the Fiscal Year 2015/2016 Budget, $50,000 has been budgeted for tree pruning at the Desert Willow Golf Resort. In July of 2015, staff requested bids to complete the pruning of 750 trees at Desert Willow Golf Resort. Two contractors submitted bids in the amounts of $89,250 and $160,000. These bids were well over the annual budget amount and on August 27, 2015, the City Council rejected the bids and authorized staff to rebid the project. Staff Report Award Contract No. C34690 DW Tree Pruning Page 2 of 2 October 8, 2015 On August 29 and September 3, 2015, the Notice published in The Desert Sun. Bids were solicite pruning. On September 18, 2015, sealed bids summary of the bid received: Inviting Bids for the tree pruning project was d based on an estimated 750 trees requiring were opened by the City Clerk. Below is a CONTRACTOR LOCATION BID UNIT PRICE Union Tree & Palm Services, Inc. Cathedral City, CA $75,000.00 $100.00 West Coast Arborists, Inc. Anaheim, CA $89,250.00 $119.00 Singh Group, Inc. San Marcos, CA $120,000.00 $160.00 Union Tree and Palm Services is a local contractor and performed the tree pruning project at Desert Willow Golf Resort last year. In order to accommodate this fiscal year budget of $50,000, the attached contract has been adjusted to prune 500 trees, at the unit price of $100 per tree. Staff recommends approval of the contract to Union Tree and Palm Services. Fiscal Analysis Payments will be provided based on unit pricing and actual number of trees pruned. The Desert Willow Golf Resort golf course superintendent is responsible for the determination of which trees require hazard pruning. No appropriation is required; funding is available in the current budget. Prepared By: Martin Alvarez Director of Economic Development Reviewed: Paul S. Gibson, Director of Finance Approval: Department Head: Rudy Mosta Assistant City Manager G \rdaWlartn Alvarez\Desert Willow\Tree Pnming\2015-16\SR-10-8 15 DWTree PruneFy15 16 docx CONTRACTOR'S BID FORM DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING FOR FISCAL YEAR 2016116 CONTRACT NO. C34690 TO: CITY OF PALM DESERT, "CITY" DATE: C-1 Cl 1 BIDDER: ul'llftl iYPf 1( "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for Desert Willow Golf Resort Annual Tree Pruning for Fiscal Year 2016/16, Contract No. C34690, hereby proposes to perform 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 — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for ninety (90) 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 cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. DW ANNUAL TREE PRUNING FISCAL YEAR 2015/16 Page 8 6. Liquidated damages shall be $500.00 dollars per calendar day of delay. 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. The unit cost for all tree pruning work shall be indicated. QUANTITY UNIT COST I TOTAL COST TOTAL for Tree Pruning 760 $ I (-x.: - � , C) 1 $ _13 The costs of any work shown or required in the Contract Documents 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 $ 1 I TOTAL AMOUNT BASE BID IN WORDS \,C- � 1 I Ck ;-)ut(, Ad ultk�� (I6(' IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: Signatur Title: Y �� CONTRACTOR A notary public or other office 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 R vit' �" ) Subscribed and sworn to (or affirmed) before me on this _ day of ` T m\-)t'� (month), c I (year), by i proved to me on the basis of satisfactory evidence to be the p rson(s) who appeared before me. n f, I Signature of Notary NMU Publk • Califordi Fu M * Counter DW ANNUAL TREE PRUNING FISCAL YEAR 2015/16 Page 9 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address �� L�Z�X L �C: C,c,�lu<<rc�\ C.���\� C", (2) Telephone No. i "o (3) Type of Firm (Individual, Partnership or Corporation) �.�� �'C-v<�� c>�� (4) Corporation organized under the laws of the State of (5) Contractor's License No. (1LI-1 1 ) 3 Exp. Date I Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: 5 Title: It Sign ture Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: }�L� fC,(-- I At A 1 , )q /-\UC I-- \C, V"k, % 11(k (7) Number of years experience as a tree pruning contractor I I A (8) Number of years experience with municipal tree contracts i + (9) Number of years experience with golf course experience -\ (10) Name of the ISA certified field supervisor who will be supervising this work: fj y e 01) Certified Arborist Number - I { 1 % A Exp. Date t,' f ��. i I (12) Number of ISA Certified Tree Workers with the organization DW ANNUAL TREE PRUNING FISCAL YEAR 2015/16 Page 10 Contract C34690 AGREEMENT ANNUAL TREE PRUNING FOR FISCAL YEAR 2015/16 THIS AGREEMENT is made and entered into in the City of Palm Desert on this 8th day of October, 2015, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR", and Union Tree & Palm Service, Inc. hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the CITY invited bids for the Desert Willow Golf Course Annual Tree Pruning - Fiscal Year 2015/16; per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by DWGR for said material(s); and WHEREAS, CONTRACTOR has re-examined its Bid and found it to be correct, 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 July 1, 2015, through June 30, 2016, or to such later date as may be agreed in writing between parties. All tree pruning shall be completed within thirty (30) days of the issuance of the Notice to Proceed. (2) DWGR'S OBLIGATIONS. For furnishing material(s), as specified in this Agreement, DWGR will pay and CONTRACTOR shall receive in compensation, therefore an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by the DWGR. (3) CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by DWGR, CONTRACTOR agrees with DWGR to prune 500 trees at $100.00 per tree and furnish the material(s) and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless the Desert Willow Golf Resort (DWGR), Kemper Sports Management, Inc., City of Palm Desert (CITY), their officials, officers, employees, representatives, volunteers 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 Contract C34690 act or omission of the CONTRACTOR, his agents, employees, subcontractors and their employees thereof in connection with the performance or non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify Kemper, DWGR and CITY and do whatever is necessary to protect Kemper, the DWGR and CITY, its official, officers, employees, agents, volunteers 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 of Palm Desert. (6) TERMINATION. If, during the term of this Agreement, the DWGR/CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, DWGR/CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give the 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 ten (10) days specified in the notice, such shall constitute a breach of this Agreement and DWGR/CITY may terminate this Agreement immediately by written notice to the 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. In said event, the 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 DWGR/CITY's Notice of Termination, minus any offset from such payment representing the DWGR/CITY's damages from such breach. DWGR/CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the DWGR/CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the CONTRACTOR be entitled to receive compensation in excess of the per item price quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE. The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Bid Proposal; (e) The Standard Specifications as modified in other portions of the Contract Documents; (f) Appendix(s); (g) Addenda Nos. N/A ; (h) Any Change Orders issued; (i) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this Contract C34690 reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. (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, the 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. (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: If to DWGR: If to Contractor: Attention: Derek White Attention: DESERT WILLOW GOLF RESORT UNION TREE & PALM SERVICE 38-995 Desert Willow Drive P.O. Box 2628 Palm Desert, CA 92260 Cathedral City, California 92234 (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 DWGR and the CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. Contract C34690 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CONTRACTOR: By: Printed name Title: Signature (to be notarized) FOR DWGR/CITY BY: ATTEST: Susan Marie Weber Mayor Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY RACHELLE D. KLASSEN CITY CLERK Palm Desert, California Contract C34690 CONTRACTOR ACKNOWLEDGMENT A notary public or other office 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 ) ) SS. 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) islare 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)