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Home My WebLink AboutC22520 Citywide Palm Tree Pruning 931-^)- K CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C,2520 for the Citywide Palm Tree Pruning Program (Project No. 931-XX) SUBMITTED BY: H. Spencer Knight, Landscape Manager CONTRACTOR: TruGreen LandCare Branch 6169 1367 W. 9th Street Upland, CA 91786 DATE: March 25, 2004 CONTENTS: Agreement List of Palm Tree Locations Recommendation: By minute motion; 1. Award Contract No. C 22520 to TruGreen Landcare of Upland, California, in the amount of $26,330.45 2. Authorize a 10% Contingency in the amount of $2,633.05 for the Citywide Palm Tree Pruning Program. Discussion: The subject program was advertised in the local media requesting sealed bids. On March 4, 2004, at 2:00 p.m. sealed bids were opened and read aloud, with the following bids received: TruGreen LandCare (Upland, CA) $26,330.45 No local companies submitted a bid for this project. The plan holders included the following: Aztec Landscape, Inc. (Lemon Grove, CA) West Coast Arborists (Anaheim, CA) United Pacific Services (La Habra, CA) Hort Tech (Palm Desert, CA) Steven Burt & Associates (Bermuda Dunes, CA) Staff Report — Award Contract No. C 22520 to TruGreen LandCare Page 2 of 2 March 25, 2004 Tru LandCare has worked previously for the City of Palm Desert and executed the work within acceptable standards. Public Works staff reviewed the unit costs submitted in this bid and find TruGreen LandCare's pricing to be consistent with the current market. Funds are available for this work in various landscape accounts. Therefore, staff recommends City Council, by minute motion, award the subject contract to TruGreen LandCare of Upland, Califomia, in the amount of $26,330.45, and authorize a 10% Contingency in the amount of $2,633.05 for the Citywide Palm Tree Pruning Program. Submitted By: pen • r Kn. ht artdscap: Ma ager Approval* AC or Dever• ment Services Finance Director /sd Department Head: Michael Errante, P.E. Director of Public Works City Manager CONTRACT NO. C 22520 AGREEMENT THIS AGREEMENT is made and entered into this 25th day of March, 2004, by and between the City of Palm Desert, California, hereafter called "OWNER", and TruGreen LandCare hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, PROJECT NO. 931-XX - - CITYWIDE PALM TREE PRUNING PROGRAM, in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal 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 Proposal 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 Proposal; (e) The General Conditions; (f) The Special Provisions; (g) The Standard Specifications as modified in other portions of the Contract Documents; (h) The Plans; (i) Addenda Nos. 1 ; (j) 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 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 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. I in accordance with the Contract Documents and will complete said as outlined in the Scheduling Section under Specific Terms and Conditions of this contract. G:1PubWorksIPROJECTS1931-XX120041ContractlCONTRACTOR AGREEMENT.doc CONTRACT NO. C 22520 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $250.00 per calendar day of delay. 5. 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 OWNER or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. 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: "1 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. " G1PubWorks\PROJECTS1931-XX120041Contract\CONTRACTOR AGREEMENT.doc CONTRACT NO. C22520 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: TruGreen LandCare By: Attest By: Signature to be notarized Title: Title: OWNER: CITY OF PALM DESERT By: Attest By: Robert A. Spiegel Rachelle D. Klassen Title: Mayor of Palm Desert, California Title: City Clerk of Palm Desert APPROVED AS TO CONTENT: MIKE ERRANTE, P.E. DIRECTOR OF PUBLIC WORKS HOMER CROY, ASSISTANT CITY MANAGER FOR DEVELOPMENT SERVICES DAVID J. ERWIN, CITY ATTORNEY G:1PubWorks\PROJECTS1931-XX12004\Contract\CONTRACTOR AGREEMENT.doc Attachment 2 Area Palm Tree Species 15' and 16'-25' 26'-45' 46'& up under Avenue of the States Phoenix dactylifera 15 Washingtonia robusta 7 Cook Street Washingtonia robusta 27 Washingtonia robusta 45 2 Country Club Washingtonia robusta 81 44 Washingtonia filiera 9 Dinah Shore Washingtonia filifera 6 El Dorado Phoenix dactylifera 69 Frank Sinatra Washingtonia filiera Frank Sinatra Shadow Ridge Washingtonia robusta 13 2 Washingtonia robusta 11 Gerald Ford Shadow Ridge Washingtonia robusta 11 Hovely Washingtonia robusta 27 Washingtonia filiera 25 Monterey Shadow Ridge Washingtonia robusta 14 Via Cinta Washingtonia robusta 2 Washington St. Washingtonia robusta 86 Hwy. 111 Washingtonia filifera 45 Washingtonia robusta 3 San Pablo Washingtonia robusta 24 f Fred Waring Washingtonia filifera 30 Page 27 Attachment 2 Area Palm Tree Species 15' and 16'-25' 26'-45' 46' and under _ up Washington ia robusta 24 I_ Hwy 74 Washingtonia filifera 37 Washingtonia robusta 20 21 I Community Center Washingtonia filifera 2 Washingtonia robusta 2 3 Monterey Washingtonia filifera 34 Magnesia Falls Washingtonia filifera H 4 Visitors Center Washingtonia robusta 4 1 Washingtonia filifera 3 El Paseo Washingtonia filifera 21 Washingtonia robusta 315 10 Town Center Way Washingtonia filifera 9 Desert Star Washingtonia filifera 2 Washingtonia robusta 4 Sonata Pkwy. II Washingtonia robusta Washingtonia filifera Monterey Meadows Washingtonia robusta The Glen Washingtonia robusta Hovley Court Washingtonia robusta Hovley Collection Washingtonia filifera I Washingtonia robusta L Hovley Estates Washingtonia robusta T Sand Piper Ct. West Washingtonia robusta 1 Page 28 Attachment 2 Area Palm Tree Species 15' and under 16'-25' 26'-45' 46' and up Sonata Parkway Washingtonia robusta Syagrus romanzoffiana Palm Gate Washingtonia filifera The Grove Phoenix dactylifera 93 Syagrus romanzoffiana 6 President's Plaza E. Washingtonia robusta Washingtonia filifera 2 President's Plaza W Washingtonia robusta 1 Washingtonia filifera 10 2 President's Plaza III Washingtonia robusta 13 Washingtonia filifera 2 Vella Corp. Yard Washingtonia robusta 1 Joni Yard Washingtonia robusta 1 3 Civic Center Park Phoenix dactylifera 3 65 97 Washingtonia robusta 3 51 16 Washingtonia filifera 100 27 Livingstonia chinensis 2 Syagrus romanzoffiana 11 Soccer Park Washingtonia filifera 40 Washingtonia robusta 32 Livingstonia chinensis 18 San Pascual Channel Washingtonia robusta 25 Page 29 Attachment 2 Area Palm Tree Species 15' and under 16'-25' 26'-45' 46' and up Joe Mann Park Washingtonia robusta 16 Phoenix dactylifera 1 Ironwood Park Washingtonia filifera 12 Washingtonia robusta 4 Cahuilla Park Washingtonia filifera 11 Community Park Washingtonia filifera 3 2 Washingtonia robusta 2 2 Washington Charter Park Washingtonia filifera 1 I Washingtonia robusta 9 1 Community Gardens Washingtonia robusta 28 Phoenix dactylifera 7 Hovley Estates North Washingtonia robusta 1 Desert Mirage Washingtonia robusta Page 30