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HomeMy WebLinkAboutC24970 Citywide Palm Tree Pruning and Removal 931-06REQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C24970 for the Citywide Palm Tree Pruning and Removal Program (Project No. 931-06) to Town and Country Tree Service of Barstow, CA H. Spencer Knight, Landscape Manager Town and Country Tree Service 1371 Prairie Drive Barstow, CA 92311 April 13, 2006 Proposal Agreement Recommendation: By minute motion, award contract number C24970 for the Citywide Palm Tree Pruning and Removal Program 2006 to Town and Country Tree Service of Barstow, California in the amount of $66,175.00; authorize a 10% contingency in the amount of $6,617.50, and authorize the Mayor to execute the agreement. Discussion: This year's City Palm Tree Pruning and Removal Program included both City of Palm Desert and Housing Authority properties. The subject program was advertised in the local media requesting sealed bids. On March 24, 2006 at 2:15 PM sealed bids were opened and read aloud, with the following bids received: Town and Country Tree Service (Barstow, CA) Lavanega Landscaping &Tree Service (Palm Desert, CA) George Salinas Tree Preservation (Yorba Linda, CA) West Coast Arborists (Anaheim, CA) $ 66,175.00 $ 68, 822.00 $ 179, 996.00 Non -responsive Award Contract No. C24970 Town and Country Tree Service Page 2of2 April 13, 2006 The Affidavit of Non -Collusion form in the bid documents submitted by West Coast Arborists was not notarized as required; therefore, their bid was considered as non- responsive by staff. Town and Country Tree Service successfully completed the palm tree removal project at the Housing Authority's Laguna Palms property. Staff has reviewed the company's bid documents and found them acceptable. Funds are available for this work in accounts 110-4610-453-3321, 110-4611-453-3320, 110-4611- 453-3370, 110-4611-453-3371, respective assessment district Fund 200 accounts and respective Housing Authority 2005/2006 facility budgets. Therefore, staff recommends City Council award the subject contract to Town and Country Tree Service of Barstow, California in the amount of $66,175.00; authorize a 10% contingency in the amount of $6,617.50, and authorize the Mayor to execute the agreement. Submitted By: Department Head: H. Spencer Knight Mark Greenwood, P.E. Landscape Manager Director of Public Works Approval: Homer Croy Paul Gibson ACM for Development Services Finance Director Carlos Ortega City Manager /dhl \V::\genda Items 2006-.\pr 13 .\ward contract citywide palm tree pruning 931-xx :\ward C24970 Palm Tree Pruning 931-06 duc AGREEMENT THIS AGREEMENT is made and entered into this 13th day of April 2006, by and between the City of Palm Desert, California, hereafter called "OWNER", and Town and Country Tree Service, hereinafter called "Contractor." WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, CITYWIDE PALM TREE PRUNING Program — Project No. 931-06, 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) Addenda Nos.-0-; (i) The Determination of Prevailing Wage Rates for Public Work; (j) Any Change Orders issued; (k) 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 work as outlined in the Scheduling Section under Specific Terms and Conditions of this contract. 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 the "Specific Terms and Conditions" section under "Liquidated Damages" and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $250 dollars 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: "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: OWNER: By: Attest By: Title: Mayor of Palm Desert, CaliforniaTitle: City Clerk of Palm Desert APPROVED AS TO CONTENT: MARK GREENWOOD, P.E., DAVID J. ERWIN, DIRECTOR OF PUBLIC WORKS CITY ATTORNEY 1 CITY OF PALM DESERT RIVERSIDE COUNTY CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONTRACT NO. C24970 PROJECT NO. 931-06 CITYWIDE PALM TREE PRUNING MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 TABLE OF CONTENTS CITYWIDE PALM TREE PRUNING PROJECT NO. 931-06 CONTRACT NO. C24970 1 PAGE CONTRACT DOCUMENTS NOTICE INVITING BIDS 3 INSTRUCTIONS TO BIDDERS 5 CONTRACTOR'S PROPOSAL 8 INFORMATION REQUIRED OF BIDDER 10 AFFIDAVIT OF NON -COLLUSION 13 AGREEMENT 15 SPECIFICATIONS GENERAL TERMS AND CONDITIONS 18 SPECIFIC TERMS AND CONDITIONS 19 ATTACHMENTS ATTACHMENT 1 - PALM TREE TRIMMING 2006 1 NOTICE INVITING SEALED BIDS 2006 CITYWIDE PALM TREE PRUNING PROJECT NO. 931-06 CONTRACT NO. C24970 PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert, as AGENCY invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk up to the hour of 2:15 P.M. on Friday, March 24th, 2006, at which time they will be publicly opened and read aloud. The work to be done consists of fumishing all materials, equipment, tools, labor, and incidentals as required by the Specifications and Contract Documents for the above stated project. Copies of said Plans, Specifications, and Contract Documents are available from the AGENCY. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: www.dir.ca.00v/DLSR/statistics research.html, or by contacting the District Office at 464 West Fourth Street, Room 348, San Bemardino, CA 92401, telephone (909) 383-4334. In accordance with City Ordinance No. 859, this project shall not require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State labor Code except that this project shall not be subject to prevailing wage law (Labor Code Section 1770, et. seq.) The contract documents call for monthly progress payments based upon the Landscape Manager's estimate of the percentage of work completed. The Agency will retain 10 percent of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Govemment Code Section 4590 and the provisions of the contract documents pertaining to the Substitution of Securities. Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside "SEALED BID 2006 CITYWIDE PALM TREE PRUNING (Contract No. C24970 - Project No. 931-06) - DO NOT OPEN WITH REGULAR MAIL". 3 The AGENCY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. At the time of contract award, the prime contractor shall possess a C-27 or D-49. BY ORDER OF the City Council of the City of Palm Desert. Dated this 23rd day of February , 20 06 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 4 INSTRUCTIONS TO BIDDERS 1. Form of Proposal. The proposal must be made on the form of Con':;ac_or'v -;, which is included in the Contract Documents and must be completely filled in, dated and signed. If provision is made for altematives, they must all be bid, unless otherwise provided in the Special Provisions. Bids must be submitted on all items did schedules included in the Contract Documents. FAILURE TO BID ON ALL ITEMS AND SCHEDULES MAY RESULT IN THE BID BEING REJECTED AS NON -RESPONSIVE. 2. Submission of Proposal. A proposal must be submitted in a sealed opaque envelope that clearly identifies the bidder and the project. Bids must be received by the time and at the place set forth in the Notice Inviting Bids and may be withdrawn only as stated in the proposal. 3. Contract Documents. The complete Contract Documents are identified in the Agreement. Potential bidders are cautioned that the successful bidder incurs duties and obligations under all of the Contract Documents and that they should not merely examine the Plans and Specifications in making their bid. 4. License. To be considered, a potential bidder must have the kind of license required under provisions of the California Business and Professions Code for the work covered in its Proposal when its bid is submitted. This includes a joint venture formed to submit a bid. 5. Quantities. This contract is a unit price bid for all work shown on plans and specifications. Quantities shown are but estimates and final payment will be based upon the methods outlined in the Standard Specifications or as modified by the Special Provisions contained herein. 6. Interpretation of Documents. Discrepancies, omissions, ambiguities, and requirements likely to cause disputes between trades and similar matters shall be promptly brought to the attention of the OWNER, in writing, and to the attention of the Director of Public Works. When appropriate, Addenda will be issued by the OWNER. No communication by anyone as to such matters except by Addenda affects the meaning or requirements of the Contract Documents. 7. Addenda. OWNER reserves the right to issue Addenda to the Contract Documents at any time prior to the time set to open bids. Each potential bidder shall leave with the OWNER its name, address and phone number for the purpose of receiving Addenda. OWNER will cause copies of Addenda to be mailed or delivered to such names at such addresses. To be considered, a Contractor's Proposal must list and take into account all issued Addenda. Bids, to be acceptable, must acknowledge receipt of all Addenda. 5 8. Inspection of Site. Bidder must examine the site and acquaint themselves with all conditions affecting the work. By making its bid a bidder warrants that it has made such site examination as it deems necessary as to the condition of the site, its accessibility for materials, workmen and utilities and ability to protect existing surface and sub -surface improvements. No claim for allowances, time or money, will be allowed as to such matters. 9. Bids. Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items. In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "total column", then the amount set forth in the 'Total" column for the item shall prevail in accordance with the following: a. As to lump sum items, the amount set forth in the 'Total" column shall be the item price. b. As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. The evaluation of bids and award of contract shall be based solely on the final decision of the City. The City reserves the right to award the contract on either of the schedules to the lowest responsible bidder. 10. Award of Contract. Acceptance by the OWNER at a meeting regularly called and held of a Contractor's Proposal authorizes OWNER to enter into a contract subject to the execution by both CONTRACTOR and OWNER of a written agreement evidencing said contract, and CONTRACTOR providing all requirements set forth in said contract including, but not limited to, insurance and bonding requirements. CONTRACTOR is advised that the OWNER has up to 90 days from Award of Contract within which to issue the Notice to Proceed. 11. Return of Guarantee. GI GIkac;ks L;ilder: will be retumed by mail when the executed agreement and bonds are received by OWNER. Bid Bonds of the successful bidder will not be retumed but is exonerated by its execution and delivery of the Agreement and the bonds. If the guarantee of the successful bidder is a check, it will be returned at the time a Bid Bond would be exonerated. 12. Qualifications of Bidders. No award will be made to any bidder who cannot give satisfactory assurance to the OWNER as to his own ability to carry out the contract, both from his financial standing and by reason of his previous experience as a contractor on work of the nature contemplated in the contract. The bidder may be required to submit its record of work of similar nature to that proposed under these 6 specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of bid. 13. Subletting and Subcontracting. Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Government Code) to list in their proposal the name and location of place of business of each sub -contractor who will perform work or labor or render services in or about the construction of the work or improvement or a sub -contractor who will specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of one half of one percent (0.5%) of the prime CONTRACTOR's total bid. Failure to list a sub- contractor for any portion of the work under the guidelines above implies that the CONTRACTOR's own forces will do that portion of the work. It is the OWNER's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. 14. Substitution of Securities in Lieu of Retention. CONTRACTOR is advised that he may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the OWNER to insure performance under the contract. Such securities shall be deposited with the OWNER or with a State or Federally Chartered Bank as escrow agent and shall pay such monies to the CONTRACTOR upon satisfactory completion of the contract. The CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. 15. Government Code Section 4551. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or sub -contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section)* or under the Cartwright Act (Chapter 2 (commencing with Section 16700) or Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. * 14 U.S.C.A. Chapter 15 7 1 CONTRACTOR'S PROPOSAL CITY OF PALM DESERT SUBMISSION FORM CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-06 CONTRACT NO. C24970 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that they have carefully examined the Specifications accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof, is authorized to represent the bidding firm and propose services to Palm Desert. It is understood that the price shown hereon includes all phases of palm tree work described in the specifications. The unit cost for all palm tree pruning work and removal of palm trees and stumps shall be indicated. Jf 8 CONTRACTOR'S PROPOSAL (CONTINUED) QUANTITY UNIT COST TOTAL COST TOTAL FOtt ALL PALM TREE PRUNING 2647 $�` �� Z $ 5:6151 TOTAL FOR PALM TREE REMOVALS AND STUMP GRINDING 0 $ $ GRAND TOTAL 2647 $.2 s - 00 $ h /is- el E6), act iv, COMPANY /3 71 824-12 ;•e- ADDRESS X(9--.2 72 - 71341 --Ceetrr:st" a• a„,tfic.4, 7G0-2 3a‘,2�� TELEPHONE let ) BID PREPA - ED B a SIGN RE 9 FAX TITLE o /7eke aa,e DATE INFORMATION REQUIRED OF BIDDER (NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT) The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address /_37/ Paa a ic- • 9. s// (2) Telephone No. 7�7 - .2 0:2 - 322( (3) Type of Firm (Individual, Partnership or Corporation) (4) Corporation organized under the laws of the State of N� (5) Contractor's License No. 2 /93 t l Exp. Date /f - 30 - ace Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: , )- XLiY Title: _20 Man .2 Gt ( g fure Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (7) / 4 o - Y it ,'J ' / I c !eo! !/ Eds Number of years experience as a tree maintenance contractor in tree pruning work olzrc.3 9 Yeans 10 (8) List at least three similar projects completed recently: Contract Class of Date Name, Address & Telephone Amount Work Completed Number of Owner 2. $2O oryd P ^ova / 1. $ l!1 reT ii' iiti f, tl,sit c /�G /� r'�4( J, , / J'auL L a R �Soici / 6otro;,va%o2 s6-8- -713 -0,z 7i /7eac4 oG "; l ed a5eg-r Raw e-Za,vez /..f'fz.)oec7 f NO- ,27.2-G3s/ 3. $ 2 O� 000 '�2e2. I<� ava ( Plat 23 a C v / Cf .i 0 a o Mau teN SCA IeiJ7'/Pzacoemed /-7s8-S'91--1 9q3 ,4,2 Oot (9) List the names and addresses of each subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each subcontractor: Subcontractor's Name: /V/A License Number: Address: Telephone: Work to be performed: Subcontractor's Name: 1V/A License Number: Address: Telephone: Work to be performed: 11 Subcontractor's Name: N /A License Number: Address: Telephone: Work to be performed: (10) List the name of th9 p,erson who inspected the site of the proposed work for your firm a-Q i cI Qc nee et (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the OWNER. 12 AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-06 CONTRACT NO. C24970 1 STATE OF CALIFORNIA) )SS COUNTY OF RIVERSIDE) 7A4.it4 • 1 • / n ids being first dulydeposes and says: that swom, Q he is So e Oa/ Nett of TiwAt Cou % _c,,,v:c{ (Insert "Sole OWNER", "Partner', or other proper title) (insert name of bidder or other proper title) who submits herewith to the City of Palm Desert, a Proposal; That all statements of fact in such Proposal are true; That such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such Proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Palm Desert, or of any other bidder of anyone else interested in the proposed contracts; and further, That prior to the public opening and reading of Proposal, said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal. (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham Proposal, or that anyone should refrain from bidding or withdraw their Proposal. (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this Proposal price, or that of anyone else. (d) Did not, directly or indirectly, submit their Proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Palm Desert or to any person or persons who have a partnership of other financial interest with said bidder in his business. 13 (e) That no councilperson, officer, agent or employee of the City of Palm Desert, is personally interested, directly or indirectly, in this contract, or the compensation, oral or in writing, of the City Council its officers, agents or employees, has induced them to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms. 1 t Subscribed and sworn to before me thisd' day of iIN , 20 By: Title: if` c� 1``c 1' Nota Public in and for said County and State OFFICIAL SEAL LARRY DEAN RODGERS '. ; '_iNOTACORMY PUBLIC•%.148 RNIA " M. NO.142807 MYCOMM. EXP COUNTY 3 2007 14 l 44°1y il/2A. 3 AGREEMENT THIS AGREEMENT is made and entered into this day of 20 , by and between the City of Palm Desert, California, hereafter called "OWNER", and hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, CITYWIDE PALM TREE PRUNING Program — Project No. 931-06, 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 Contractors Proposal; (e) The General Conditions; (f) The Special Provisions; (g) The Standard Specifications as modified in other portions of the Contract Documents; (h) Addenda Nos. ; (i) The Determination of Prevailing Wage Rates for Public Work; (j) Any Change Orders issued; (k) 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 wit+- n t .,, , tk ';, _: 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 work as outlined in the Scheduling Section under Specific Terms and Conditions of this contract. 15 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. 1 Attention is directed to the "Specific Terms and Conditions" section under "Liquidated Damages" and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be 2 C coierida cta of 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 attomey'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: "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. " 16 r 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: 1 By: Attest By: Signature to be notarized Title: Title: OWNER: By: Title: Manor of Palm Desert, Callfomia APPROVED AS TO CONTENT: Attest By: Title: Citv Clerk of Palm Desert MARK GREENWOOD, P.E., DAVID J. ERWIN, DIRECTOR OF PUBLIC WORKS CITY ATTORNEY 17 CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING CONTRACT NO. C24970 - PROJECT NO. 931-06 GENERAL TERMS AND CONDITIONS BUSINESS TAX The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained before any business or trade is conducted within the City. Verification that the bidder has a valid City of Palm Desert Business Tax Receipt will be obtained by the City prior to the execution of the contract. WORKER'S COMPENSATION COVERAGE The Contractor shall procure and maintain, during the life of the contract, workers compensation insurance for all his or her employees engaged on or at the site of the project; and in case any of the work is sublet, the Contractor shall require all sub- contractors to similarly provide worker's compensation insurance by protection afforded by worker's compensation insurance carried by the Contractor. NOTE: Contractors with C-27 or D-49 license must carry required Worker's Compensation insurance as required by law. INSURANCE COMPLIANCE REQUIREMEENTS The Contractor shall fumish the City satisfactory proof of full compliance with all insurance requirements prior to execution of the Contractor on forms herein provided. The Contractor shall submit Certificate(s) of Insurance, which must indicate which policy covers each insurance item and be for at least the scope and amount of coverage for each item as follows: Comprehensive General Liability, including, but not limited to: General Bodily Injury $3,000,000.00 C.S.L. General Property Damage Auto Bodily Auto Property Damage Must include broad coverage, from contractual liability coverage for sub -contractors as well as general contractor. The City, its officers, agents, and employees need to be added as additional insured. The policy shall provide that the policy is not subject to material modification or cancellation until after thirty (30) days written notice shall have been sent by certified mail (retum receipt requested) to the City of Palm Desert, City Clerk, 73-510 Fred Waring Drive, Palm Desert, CA 92260, and shall contain an unequivocal clause so stating. Page 18 CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING CONTRACT NO. C24970 - PROJECT NO. 931-06 SPECIFIC TERMS AND CONDITIONS SCOPE OF WORK The City's Ibalm trees, are along street medians, certain parkway areas, parks, parking lots, and adjacent to City owned buildings and apartment complexes. The work shall consist of tree and pruning, removal (including stump), and clearing of all prunings from the work sites. A significant portion of the work will be accomplished on street medians and parkways requiring the contractor to close down a traffic lane to accomplish the work. At other locations work can be accomplished from the curbside parking lanes and/or parking lots. Contractor shall provide all necessary traffic control devices, as further specified, as part of this proposal. A recent tree inventory indicated there were approximately 2647 palms to be pruned. (See Attachment 1) Actual palm tree count will be verified in the field between the contractor and the City representative. A brief description of work completed and condition of each tree (hazards, pests, etc.) will be recorded by the supervising Arborist as work progresses. This record will be based on the above mentioned tree inventory. The majority of palm species in the contract areas are Washingtonia filifera, Washingtonia robusta, and Phoenix dactylifera. Crown heights are as noted in Attachment 1. The palm trees are located in different areas within the City limits and which the City will provide approximate locations and type of palm trees within those various locations. (See Attachments 1) Contractor personnel need to have an understanding of the specific pruning requirements and practices used on trees that are indigenous to and grown in an and environment. Page 19 PRUNING REQUIREMENTS - PALMS 1) All work shall conform to current and applicable International Society of Arboriculture (ISA) and American National Standards Institute (ANSI) standards. In all cases the City's representative shall have complete and sole discretion in determining conformance and acceptability of palm trees trimmed by the Contractor. Pruned palm trees rejected by the City's representative shall be excluded from payment (see section on Performance Deficiencies and Reduction in Payment). 2) All work is to be done by personnel who have been trained according to I.S.A. accepted tree care standards. 3) The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. 4) The removal of all flowers and fruit parts whether dead or alive. 5) Remove all dead fronds, broken fronds, seed and fruit pods, and all other fronds hanging below the horizontal plane at crown. See Diagram A. Precautions shall be taken so that no live fronds are partially cut and left hanging. The Contractor, at no additional cost to the city, shall remove any fronds partially cut within thirty (30) days of completion of the Palm Tree Pruning Contract. 6) The crowns of trimmed palm trees shall be left with a balanced appearance when viewed from all side unless otherwise approved by the City's representative. 7) The contractor shall exercise precautions as necessary when working adjacent to aerial utilities and comply with clearances as defined by current and applicable ANSI standards. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. 8) All work shall be accomplished using pole saws or boom trucks. sr!.c.!r�.':;c:777 will be used by anyone employed for such trimming. The aforementioned equipment maybe used in complete tree removal. Any vine plant material growing on or in the trees shall be removed at ground level. 1 lit.: of climbinn spurs or spike shoe r731-1. he u e d r)r palrrrs thlt ( 5) Feet in rie'• (j;r 9) When pruning fungus, disease, or insect infected fronds; all pruning tools shall be cleaned after each cut with alcohol or a 10% bleach solution. 10) Any observed pest or hazard problems will be brought to the attention of the City's representative. Page 20 • Unacceptable pruning procedures that lead to tree decline (excluding storm damage and other extenuating circumstances) are not permitted. PALM TREE REMOVAL AND STUMP REQUIREMENTS All stumps shall be ground to twelve (12) inches to twenty-four (24) inches, or as directed by City representative, below grade and all roots larger than three (3) inches in diameter shall be removed. Holes will be back filled with native soil. Compaction shall be achieved with the use of water and the finished grade shall be two (2) inches above natural grade. If imported, unclassified fill is used to backfill holes, City must grant written approval and be notified far enough head of time to allow for soil testing. Any landscape material damaged during stump removal will be replaced and approved by City representative. Palm trees being removed may not be taken down as a whole. All palm trees must be taken down in manageable sections that provide for worker safety as well as City residents and property safety. Use of ropes to maintain control of tree sections being lowered from large trees may be necessary. SCHEDULING Pruning: The pruning schedule for the palms will be based upon species of palm being pruned. The following requirements need to be considered for purposes of this contract. Palms Prune Date Phoenix dactyliferas June 15 - July 15, 2006 Washingtonia filifera August 1 — August 30, 2006 Washingtonia robusta and Washingtonia robusta `Hybrid' June 15 — August 15, 2006 Work: At the beginning of the contract work, the City's representative and Contractor will meet and agree upon a work schedule. Any changes in this schedule must be approved by the City and the Contractor will give the City twenty-four (24) hours notice of said changes. Maintenance and operation of equipment shall be performed only during the time periods as follows: October 1 — April 30 May 1 — September 1 Monday — Friday 7:00 am - 5:30 pm Saturday 8:00 am - 5:00 pm Monday — Friday 6:00 am - 7:00 pm Saturday 8:00 am - 5:00 pm Emergency work directed by the City is not impacted by these restrictions. Page 21 SAFETY Contractor shall comply with the State of California and Cal -OSHA Safety Rules and Regulations and American National Standards Institute (ANSI) Z133.1 standards. Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. Contractor (shall set up traffic controls to assure a safe and proper lane closure is provided for the work area when work is done on public streets. Contractor is responsible for public safety during pruning operations. Contractor shall also accept additional direction or requirements from City staff when unusual conditions may exist or a hazard is identified. If work along a public right of way will require the closure of a traffic lane, the Contractor shall notify the City at least 24 hours in advance and comply with procedure outlined in the WATCH Manual. ENCROACHMENT Before commencing work, Contractor shall apply for and receive a no -fee permit to work within the public right-of-way. An inspector will be assigned to monitor traffic controls and insure public safety. TRAFFIC CONTROL The Contractor shall provide and maintain traffic control devices at all times in accordance with the standard specifications, the project special provisions, and as directed by the City Engineer. At no time is any business or residence to be without access unless otherwise approved by the City Engineer. If the closing or opening (either partial or full) of a street within the City of Palm Desert is approved by the City Engineer, the Contractor shall notify the City Public Works Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the scheduled closing or opening. All traffic signs shall be reflectorized and shall conform to the City of Palm Desert's specifications. Installation shall conform to the WATCH manual and Caltrans traffic manual. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed by the City Engineer, shall be considered as included in lump sum price paid for Traffic Control and no additional compensation will be made therefor. Page 22 The Contractor shall furnish a detailed detour signing and barricade plan for City approval. A minimum of one (1) paved lane of traffic in each direction shall be maintained at all times. i to e :ls::r::3f +he traveled way 8:30 a.,r;_ ,r aft 4*30 a_ri i. unless prior approval in writing is obtained from the City Engineer. Detours shaii be in accordance with State Standard Plans and the Caltrans "Traffic Manual", Chapter 5, "Traffic Controls for Construction and Maintenance Work Zones". Th6 Contractor shall submit detailed drawings of any proposed detour(s) to the City Engineer for approval. All traffic lanes and detours shall be continually maintained to prevent the development of potholes and provide smooth, dust -free and mud -free traffic. The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning, sweeping and sprinkling with water, or other means, as necessary, during and after the construction hours, including such non -working days as Saturdays, Sundays and holidays. The Contractor is responsible for the specifics of traffic control and shall provide detailed traffic control plans to the City Engineer. This plan will need to be approved by the City Engineer and meet the requirements of the encroachment permit. The Contractor shall also submit detailed drawings of any proposed detour(s) to the City Engineer for approval. The cost to do the traffic control shall include for contingencies based on working conditions and site specific needs as directed by the City Engineer. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property, including landscape, be damaged during permitted or contracted tree operations the persons conducting the work shall immediately notify the proper owners or City representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City. Special attention is drawn to sprinkler systems on all City property and the need to avoid damage or repair damage as soon as possible. WORK PERFORMED ON PRIVATE PROPERTY City contracted tree workers shall not work upon private property without the consent of the property owner. DEBRIS REMOVAL & COMPOSTING OF GREEN WASTE Contractor shall remove all cuttings and debris from the work area on a daily basis. All dump/disposal fees shall be included in the bid proposal price. Contractor shall compost all appropriate green waste removed from City landscape areas at a City approved facility where green waste in converted to a usable soil amendment. Page 23 Contractor shall submit, on a weekly basis to the City representative, a listing of the landfill site(s) used and a gross weight slip from the facility, identifying contractor by name, city of origin and gross and tare weight. LIQUIDATED DAMAGES Time is of essence on this project. Should the contractor fail to finish the work on or before the lime stated in the specifications the Contractor shall be charged by the city as liquidated damages two -hundred and fifty dollars ($250.00) for each calendar day that the work remains incomplete beyond the dates specified. The liquidated damage amount is to cover expenses incurred by the City for additional inspection and administrative costs. Any amount so charged shall be deducted by the City from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the City shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the City. The Contractor shall not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The City will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. Should the Contractor be found performing tree work that is not as specified, the City reserves the right to cease work operations immediately. BID PROPOSAL SUBMISSION City shall accept a sealed bid proposal submitted on Contractor's proposal and acceptance form (standard proposal form), which shall be combined with the bid terms, conditions and specifications for a complete agreement. The proposal cost quotation shall include all costs for Contractor to accomplish the work outlined in the proposal and be all-inclusive. Contractor shall submit the proposal cost on a per palm tree basis. This per palm tree cost shall be used for any additions or subtractions to the indicated palm tree count. The proposal shall also include the following information: Company name and business address Contractor's license type and number (if required) Business phone number Contract person Page 24 Sealed bid proposals will be received at the office of: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 1 Until: Friday, March 24, 2006, at 2:15 p.m. The completed package shall include a signed Contractor's proposal as outlined in the specification and an executed Affidavit of Non -Collusion. WORK COMPLETION All work outlined in these specifications shall be completed as noted in the Schedule of Pruning. Page 25 Palm Tree Trimming 2006 Attachment 1 AREA _ 16'-25' 26'-45' 46' and Up TOTALS Ave,' of the States Phoenix dactylifera 15 15 Washingtonia Mfera 0 Washingtonia robusta 6 6 Baja Park 0 Brahea arrnata 0 Washingtonia fiifera 0 Washingtonia robusta 0 Cahuilla Park 0 Phoenix dactylifera 0 Washingtonia fifrfera 11 11 Washingtonia robusta 0 California Villas 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 6 3 3 12 Catalina Gardens 0 Syagrus romanzoffianum 7 7 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 12 12 Civic Center Park 0 Phoenix dactylifera 42 142 184 Washingtonia filifera 37 90 127 Washingtonia robusta 42 42 84 Community Center 0 Phoenix dactylifera 0 Washingtonia filifera 2 2 Washingtonia robusta 5 5 College View Estates I 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 12 12 College View Estates II 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 0 Community Gardens 0 Phoenix dactylifera 7 7 Washingtonia filifera 0 Washingtonia robusta 29 29 Community park 0 Phoenix dactylifera 0 Washingtonia filifera 3 3 Washingtonia robusta 2 2 Cook Street 0 Phoenix dactylifera 0 Washingtonia filifera 13 13 Washingtonia robusta ' 51 51 AREA 116'-25' 126'-45' 146' and Up I TOTALS Corporation Yard 0 Phoenix dactylifera 0 Washingtonia fififera 0 Washingtonia robusta 1 1 Country Club 0 Phoenix dactylifera 0 Jf Washingtonia filifera _ 0 Washingtonia robusta 107 44 151 Country Village Apartments 0 Phoenix dactylifera 26 26 Washingtonia filifera 0 Washingtonia robusta 12 8 20 Desert Pointe 0 Phoenix dactylifera 0 Syagrus romanzoffianum 12 12 Washingtonia filifera 8 3 11 Washingtonia robusta 2 2 Desert Mirage 0 Phoenix dactyllfera 0 Washingtonia filifera 0 Washingtonia robusta 18 18 Desert Willow 0 Phoenix dactylifera 0 Washingtonia filifera 12 12 Washingtonia robusta 0 Desert Star 0 Phoenix dactylifera 0 Washingtonia filifera 2 2 Washingtonla robusta 4 4 Diamond Back 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 6 6 Dinah Shore Drive 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 6 6 El Dorado 0 Phoenix dactylifera 9 61 70 Washingtonia filifera 0 Washingtonia robusta 0 El Paseo 0 Phoenix dactylifera 0 Washingtonia filifera 21 21 Washingtonia robusta 345 345 Entrada del Paseo 0 Phoenix dactylifera 0 Washingtonia fliifera 0 Washingtonia robusta 0 Fire Station Portola at Country Club 0 Phoenix dactylifera 0 Washingtonia filifera 8 8 Washingtonia robusta 3 3 Fire Station Town Center Way 0 Phoenix dactylifera 0 Washingtonia filifera 12 12 Washingtonia robusta 9 6 15 AREA '16'-25' 26'-45' 146' and Up TOTALS Frank Sinatra Drive 0 Phoenix dactylifera 0 Washingtonia filifera 10 13 23 Washingtonia robusta 6 13 19 Fred Waring Drive 0 Phoenix dactylifera 0 i Washingtonia filifera 32 32 Washingtonia robusta 22 22 Gerald Ford Drive _ 0 Washingtonia robusta 11 11 Highway 111 0 Phoenix dactylifera 0 Washingtonia filifera 44 44 Washingtonia robusta 88 88 Homme Adams Park 0 Phoenix dactyfifera 0 Washingtonia flhfera 0 Washingtonia robusta 0 Hovley Collection 0 Phoenix dactylifera 0 Washingtonia fiifera 0 0 Washingtonia robusta r 0 Hovley Court West 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 12 12 Hovley Estates 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 16 16 Hovley Lane East 0 Phoenix dactylifera 0 Washingtonia filifera 18 18 Washingtonia robusta 27 27 Hovley Lane 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 0 Hwy 74 0 Phoenix dactylifera 0 Washingtonia filifera 17 17 Washingtonia robusta 60 60 Ironwood Park 0 Phoenix dactylifera 0 Washingtonia filifera 12 12 Washingtonia robusta . 4 4 Joe Mann Park 0 Phoenix dactylifera 0 Washingtonia filifera 7 2 9 Washingtonia robusta 2 2 Joni Yard 0 Phoenix dactylifera 0 Washingtonia filifera 1 1 Washingtonia robusta 3 3 Laguna Palms 0 Phoenix dactylifera 0 Washingtonia filifera 12 16 28 Washingtonia robusta 0 AREA 16'-25' 26'-45' 46' and Up TOTALS Las Serenas 0 Phoenix dactylifera 0 Syagrus romanzoffianum 2 2 Washingtonia fiifera 2 2 Washingtonia robusta 21 46 3 70 Magnesia Fails Drive 0 i Phoenix dactylifera 0 Washingtonia fiifera 0 Washingtonia robusta 0 Monterey Avenue 0 Phoenix dactylifera 0 Washingtonla fiifera 18 18 Washingtonia robusta 0 Monterey Avenue North 0 Phoenix dactylifera 0 Washingtonia fiifera 0 Washingtonia robusta 14 14 Monterey Meadows 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 14 14 Neighbors Garden Apts 0 Phoenix dactylifera 0 Syagrus romanzoffianum 8 8 Washingtonia fiifera 7 7 Washingtonia robusta 0 One Quail Place 0 Phoenix dactylifera 0 Syagrus romanzoffianum 9 2 11 Washingtonia filifera 1 1 2 Washingtonia robusta 3 121 12 136 Palma Village Apartments 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 0 Palma Village Park 0 Phoenix dactylifera 0 Washingtonia filifera 2 3 5 Washingtonia robusta 2 10 12 Palm Court 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 4 4 Palm Gate 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 0 President's Plaza East 0 Phoenix dactylifera 0 Washingtonia filifera 6 6 Washingtonia robusta 28 28 President's Plaza III 0 Phoenix dactylifera 0 Washingtonia filifera 2 2 Washingtonia robusta 14 14 AREA 16'-25 26'-45' 46' and Up TOTALS President's Plaza West 0 Phoenix dactylifera 0 Washingtonla filifera 11 11 Washingtonia robusta 29 29 The Pueblos 0 Phoenix dactylifera 0 i Syagrus romanzoffianum 6 6 Washingtonia filifera 0 Washingtonia robusta 5 1 6 Sandpiper Court West 0 Phoenix dactylifera _ 0 Washingtonia filifera 0 Washingtonia robusta 6 6 San Pablo 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 11 11 San Pascual Channel 0 Phoenix dactylifera 0 Washingtonia filifera 3 3 Washingtonia robusta 11 7 18 Soccer Park 0 Phoenix dactylifera 0 Washingtonia filifera 26 3 3 32 Washingtonia robusta 9 16 25 50 Sonata 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 22 22 Sonata II 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 6 30 36 Sports Complex 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 0 Sundance East 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 5 5 Sundance West 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 12 12 Taos Palms 0 Syagrus 9 9 Phoenix dactylifera 0 Washingtonia filifera 3 3 Washingtonia robusta 0 The Glen 0 Phoenix dactylifera 0 Washingtonia filifera 0 Washingtonia robusta 6 6 AREA 16'-25' 26'-45' 46' and Up TOTALS The Grove Al 0 Arecastrum remanzoffiamum 7 7 Phoenix dactylifera 93 93 Washingtonia fiNfera 0 Washingtonia robusta 0 Town Center Way 0 I Phoenix dactylifera 0 Washingtonia filifera 9 9 Washingtonia robusta 0 Via CMta 0 Phoenix dactylifera 0 Washingtonia filifera 9 9 Washingtonia robusta 0 Visitor Center 0 Phoenix dactylifera 0 Washingtonia filifera 8 8 Washingtonia robusta 0 Washington Street Medians 0 Phoenix dactyllfera 0 Washingtonia filifera 0 Washingtonia robusta 119 119 Washington Charter School 0 Phoenix dactylifera 0 Washingtonia filifera 1 1 Washingtonia robusta 6 6 ITOTALS 1 9881 1484 I 175 2647 i