HomeMy WebLinkAboutC26210 - Tree Elements, Inc. AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of March
2007, by and between the City of Palm Desert, California, hereafter called
"OWNER", and Tree Elements, Inc. hereinafter called "Contractor".
WITNESSETH
RECITALS:
1. Contractor has submitted to OWNER its Contractor's Proposal for the
construction of OWNER'S Project, CITYWIDE TREE PRUNING Program —
Project No. 932-07, 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 within sixty (60) calendar days from the
date Notice to Proceed is issued, to the satisfaction of the Director of Public
Works.
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 five
hundred ($500.00) 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. "
THIS AREA IS INTENTIONALLY LEFT BLANK SIGNATURES ON
FOLLOWING PAGE
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: Mavor of Palm Desert, California Title: Citv Clerk of Palm Desert
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E., DAVID J. ERWIN,
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
�T�
� �
. ,,�
CITY OF PALM DESERT
RIVERSIDE COUNTY
CALIFORNIA
CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR
CONTRACT NO. C26210
PROJECT IVO. 932-07
CITYWIDE TREE PRUNING
�
�� ���
M K GREENWOO , P.E.
DIRECTOR OF PUBLIC WORKS
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
TAE�LE OF CONTENTS
CfTYWIDE TREE PRUNING
PROJECT NO. 932-07
CONTRACT NO. C26�10
PAGE
CONTRACT DOCUMENTS
NOTICE INVITING BIDS ..........................................................................3
BID TERMS AND CONDITIONS..............................................................5
CONTRACTOR'S PROPOSAL-SUBMISSION FORM.............................7
IfVFORMATION REQUIRED OF BIDDER................................................9
AFFIDAVIT OF NON-COLLUSIOfd........................................................12
AGREEMENT.........................................................................................14
SPECIFICATIONS
GENERAL TERMS AND CONDITIONS.................................................17
SPECIFIC TERMS AND CONDITIONS..................................................18
ATTACHMENTS
ATTACHMENT 1 - TREE PRUNING 2007
ATTACHMENT 2 - REMOVAL AND STUMP GRINDING 2007
ATTACHMENT 3 — PD HOUSING AUTHORITY PROPERTIES
ATTACHMENT 4 — VICINITY MAP
NOTIGE INVITING SEALED BIDS
2007 CITYWIDE TREE PRUNING
PROJECT NO. 932-07
COfVTRACT NO. C26210
PUBLIC NOTICE IS HEREBY GIVEN that the City of the 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 2:30 PM on Friday, the 16th day of February, 2007,
at which time they will be publicly opened and read aloud.
The work to be done consists of furnishing all materials, equipment, tools, labor, and
incidentals as required by the Plans, Specifications and Contact 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 abtained by accessing the Department of Industrial
Relations website at: www.dir.ca.qov/DLSR/statistics research.html, or by contacting
the District Office at 464 West Fourth Street, Room 348, San Bernardino, CA 92401,
telephone (909) 383-4334. 1n 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 engineer'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 Government 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 ths
Instructions to Bidders and submitted in a sealed envelope plainly marked on the
outside "SEALED BID 2007 CITYVNIDE TREE PRUNING (Contract No. C26210 -
Project No. 932-07). 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 day of 2007.
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
BID TERMS AND CONDITIONS
REQUIREMENT TO MEET ALL BID PROVI510NS
Each bidder shall meet all of the specifications, bid terms, and conditions. Non-
substantial deviations may be considered provided that the bidder submits a full
description, explanation of, and justification for, the proposed deviations. The City of
Palm Desert will make final determination of any proposed deviation.
BID RETENTION AND AWARD
The City reserves the right to retain all bids for a period of thirty (30) days for
examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any bid, to re}ect any or a!I proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that the bids are qualified by specific
limitations, and to make award to the lowest responsible, responsive bidder as the
interest of the City may require.
tNSPECTION OF SlTE
Bidders must examine the site and acquaint themselves with all conditions affecting the
work. In submitting their bid, a bidder warrants that they have made such site
examination as they deem necessary as to the condition of the site, its accessibility for
materials, workmen and equipment and ability to protect existing surface and
subsurface improvements. No claim for allowances — time or money — will be allowed
as to such matters.
BID WITHDRAWL
A bidder may withdraw its proposal, without prejudice, prior to the time specified for the
bid opening, by submitting a written request to the City Clerk for its withdraw, in which
event the proposal will be returned to the bidder unopened. No proposal received after
the time specified or at any pface other than the place stated in the "Notice Inviting Bids"
will be considered. All bids will be opened and declared publicly. Bidders, or their
representatives, are invited to be present at the opening of the bids.
SUBMISSION OF ONE BID ONLY
No individual or business entity of any kind shall be allowed to make, file, or be
interested in more than one bid, except an alternative bid when specifically requested.
However, an individual or business entity which has submitted a sub-proposal to a
bidder submitting a proposal, or has quoted prices on materials to a bidder, is not
thereby disqualified from submitting a sub-proposal or from quoting prices to other
bidders submitting proposals.
PRE-CONSTRUCTION MEETING
Date, time and location for meeting will be established after award of bid.
5
COMMUNICATI4N REGARDING B1D
All timely requests for information submitted in writing will receive a written response
from the City. Telephone communications with City staff are not encouraged, but will be
permitted; however, any such oral communication shall not be binding on the City.
NON-COLLUSION AFFIDAVIT
Bidder declares that the onfy persons or parties interested in this proposal as principals
are those named herein; that no officer, agent, or employee of the AGENCY is
personally interes#ed, directly or indirectly, in this proposal; that this proposal is made
without connection to any other individual, firm, or corporation making a bid for the
same work; and that this proposal is in all respects fair and without collusion or fraud.
The Non-Collusion Affidavit shall be executed and submitted with the bid.
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.
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 the
proposal when the bid is submitted. This includes a joint venture formed to submit a bid.
A G27 or D49 license is required.
6
CONTRACTOR'S PROPOSAL
C1TY OF PALM DESERT SUBMISSION FORIVI
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-07
Ct�NTRACT NO. C262'i 0
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 autharized to represent the bidding firm and propose services to Palm Desert.
ft is understood that the price shown hereon includes ail phases and types of tree work
described in the specifications.
The unit cost for all tree pruning work and for tree and stump removal shall be indicated.
THIS AREA LEFT INTENTIONALLY BLANK
7
CONTRACTOR'S PROPOSAL
(CONTINUED)
QUANTITY UNIT TOT�4L
COST COST
TOTAL. FOR ALL TREE PRUNING 289� $'�a�4� �,�08�08���
�O1'AL FOR TREE REMOVALS AND 70 $�c��� $Z�����
STUMP GRINDINC
2960
GRAND T�TAL $ �/� $�o�j1�C���
Tree Elements, Inc.
COMPANY
��Q5 E_ La Palma Av[� #Sn9 Ynrha T.inr�a C'a Q78$7
ADDRESS
714-694-1916 714-694-1981
TELEPHONE FAX
Keri Isbister CFO
BID PREPARED BY TITLE
- a ��/�
SIG RE DATE
8
INFORMATION REQUIRED QF BIDDER
(NO BID W1LL BE CONSIDERED UNLESS THIS DOCUMENT lS COMPLETED IN FULL. ALL
APPLICABLE ITEMS MUST BE FILLED OUT)
The bidder is required to supply the following information. Additional sheets may k,e
attached if necessary.
(1) Address 22605 E.La Palma Ave #509 Yorba Linda, CA 92887
(2) Telephone No. �1 4-694-1916 _
(3) Type of Firm (Individual, Partnership or Corporation) corporation
(4} Corporation organized under the laws of the State af California
(5) Contractor's License No. 810157 Exp. Date 8/31 /08
Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
By: � Title: ��''� S
Signature Contractor
(6) List the names and addresses of all owners of the firm or names and tit�es of all
officers of the corporation:
Keith Hennig, President
Keri Isbister, CFO
(7) Number of years experience as a Tree Pruning Contractor 20
(8) I.S.A. Cerkified Arborist Number WE-1 591 A Exp. Date 6/3 0/2 0 0 9
9
(9) List at least three similar projects completed recently:
Contract Class of Date Name, Address & Telephone
Amount Work Completed Number of Owner
�. $ 1 70, 1 21 . 75 u.�{�n,M,�� 1 2/06 City Of Los Angeles
600 S Spring St
Los Angeles CA 90014
213-473-4664 Claire Toliffe
2 � 1 56, 933. 1 4--r��--�-��mm�ng � 0/06 City of Los Angeles
600 S_ Snri n� St-_
Los Anqeles, CA 90014
213-473-4664 Claire Tolliffe
3 $ 39, 050. 00�t i��mmpng 01 /07 County of Orange
1750 S. Douglass Rd Bldg A
na eim C
Matt Be ardes 714-567-6215
(10) 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: Subcontractors will not be used.
License Number:
Address:
Telephone:
Work to be perFormed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
10
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(11) List the name of the person who inspected the site of the proposed work for your
firm Douglas Dilliard
(12) 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.
11
AFFIDAVIT OF NON-GOLLUSIC)N BY CONTRACTOR
ClTYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-07
CQNTRACT NO. C26210
STATE OF CALIFORNIA)
)SS
COUNTY OF RIVERSIDE)
xeith Hennig being first duly sworn, deposes and says: that
heis President of__Tree Elements, Inc.
(insert"Sole OWNER","Partner",or other proper title) (insert name of bidder or other proper title)
who submifis herewith to the City of Palm Desert, a Proposal;
That all statements of fact in such Proposal are true; That sucli 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.
12
(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.
Subs ribed and sworn to before me this l0�day of ��Oru(�:.�� , 20 (��"
,\ �
By: Title: I��c'
Notary Pub i�n and for said
County and tate
13
: State of California CALIFORNIA ALL-PURPOSE
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AGREEMENT
TH{S 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 TREE PRUNING Program - Project No.
932-07, 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. ; (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 within sixty (60) calendar days from the date Notice to Proceed is
issued, to the satisfaction of the Director of Public Works.
14
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 two hundred and fifty
($250.00) 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 ali 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. "
THIS AFtE/� IS INTENTIONALLY LEFT BLANK SIGNATURES ON
FOLLOWING PAGE
15
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.
CQNTRACTOR:
By:� Attest By:
Signature to be notarized
Title: Title:
OWNER:
By: Attest By:
Title: Mavor of Palm Desert, California Title: City Clerk of Palm Desert
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E., DAVID J. ERWIN,
DIRECTOR OF PUBLIC WORKS CITY ATTOFtNEY
16
CITY OF PALIVI DESERT
CITYWIDE TREE PRUNING
CONTRACT NO. C26210 - PROJECT NO. 932-07
GENERAL TERMS AND CONDITIONS
BUSINESS TAX
The City's Qusiness 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 D49 license must carry required Worker's Compensation insurance
as required by law.
INSURANCE COMPLIANCE REQUIREMENTS
The Contractor shall furnish 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 (return 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 17
CITI( OF PALM DE�ERT
CITYWIDE TF2EE PRUNING
CONTRACT NO. C26210 - PROJECT NO. 932-07
SPECIFIC TERMS AND CONDITIONS
SCOPE OF WOFtF4
The City's trees are along street medians, certain parkway areas, parks, parking lots,
and adjacent to City owned buildings, and in multi-family housing complexes. The work
shall consist of tree and pruning, removal (including stump), and clearing of all prunings
from the work sites.
A 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.
It is strongly recommended that contractors visit all sites prior to submitting their
bid. The majority of the trees located in the multi-family complexes may not be
accessible to a boom truck, chipper or other equipment. Depending upon th� site
location, equipment placement shall need the approval of the City representative
prior to starting work.
A recent tree inventory indicated there were 2890 approximately trees to be pruned
(See Attachment 1), as well as tree 70 removals (See Attachment 2).
Actual 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 trees are represented by but are not limited to the following genera:
Jacaranda, Ficus, Brachychiton, Pinus, Acacia, Olea, Schinus, Prosopis,
Cercidium, Parkinsonia, Ceratonia, Rhus, Eucalyptus, Ptatanus, Fraxinus,
Geijera.
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 arid
environment.
The trees are located in 60 different �areas within the City limits and which the City will
provide approximate locations of trees within those various locations.
(See Attachment 1)
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PRUNlNG REQUIREMENTS - TREES
1) Afl work shall conform to current and applicable International Society of
Arboriculture (ISA) and American National Standards Institute (ANSI) standards
and City of Palm Desert maintenance guidelines. In all cases the Director of
Public Works or his designee shall have complete and sole discretion in
determiriing conformance and acceptability of trees pruned by the Contractor.
Pruned trees rejected by the Director of Pubiic Works or his designee shalf 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. Contract is to be overseen by an experienced ISA
Certified Arborist. The Certified Arborist is required to be the primary contact and
is to be available to meet with City representative as needed to discuss the tree
work to be performed. The majority of pruning work will be crown cleaning,
canopy reduction and may include structural pruning (which includes reducing
end weight). Trees immediately adjacent to major streets and some individual
trees may require crown reduction. This work includes pruning to prevent branch
and foliage interference with requirements of safe public passage (i.e. over street
and sidewalk clearance and sign and light obstruction).
3) All pruning cuts should be made in accordance with ANSf-A300 Guidelines,
Section 5.3 — Pruning Cuts and City of Palm Desert maintenance guidelines
current edition.
4) No more than twenty (20) percent of the live wood may be removed from the tree
crown, except live oaks, which are limited to no more than ten (10) percent. As
much of the tree crown as is possible should be left in place.
5) The crowns of pruned trees shall be left with a balanced appearance when
viewed from all side unless othenrvise approved by the Director of Public Works
or his designee.
6) Contractor shall clear all trees of sprout or sucker growth as directed by the
Director of Public Works or his designee.
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.
Page 19
8) All work shall be accomp(ished by climbing, pole saws or boom trucks. No
hooks, gaffs, spurs wil! be used by anyone employed for such pruning. 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.
'�* It is strongly recommended that contractor familiarize themselves with access
and site conditions prior to commencing work.
9) When pruning fungus, disease, or insect infected limbs; 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 noted on tree inventory sheets and
brought to the attention of the Director of Public Works or his designee.
11) Unacceptable pruning procedures that lead to tree decline (excluding storm
damage and other extenuating circumstances) are not permitted. These types of
procedures include but are not limited to:
a. Severe cutting back of growing tips, (i.e. topping, pollarding, or
hatracking).
b. Flush cutting of branches, which results in the removal of the branch coilar
and branch bark ridge.
c. Stub cutting where branch removal results in the base of branch removed
protruding more than one fourth (1/4) inch beyond the zone of branch
collar and branch bark ridge (stubbing).
d. Removal of a healthy main leader.
e. Excessive cutting or lifting that exceeds the ISA, ANSI, and/or City
standards.
f. Lion tailing.
12) Contractor will be responsible to remove any debris that may fall onto adjacent
private property. Contractor must first obtain permission from the homeowner,
prior to entering the property. Contractor witl be responsible for any damage
caused by the debris.
TREE AND STUMP REQUIREMENTS
All stumps shall be ground to between twefve (12) inches and twenty-four (24) inches,
or as directed by Director of Public Works or his designee, below grade and all roots
larger than three (3) inches in diameter shall be removed. Holes wil! be back filled with
native soil and compacted. 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 prior to its use as backfill. Any landscape material damaged during stump
removal will be repiaced and approved by the Directar af Public Works or his designee.
Due to tree locations, it is imperative that stump removals/grinding be done within seven
(7) working days after tree has been removed. It is the contractor's responsibility to
provide barricades, etc. as needed for public safety.
Page 20
__ _ __
Trees being removed may not be taken down as a whole. All 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.
All visible surface roots are to be removed to eight (8) inches below grade and voids
filled as in above section.
SCHEDULING AND WORK COMPLETION
Completion to be sixty (60) calendar days from the date Notice to Proceed is issued, to
the satisfaction of the Director of Public Works.
Work:
At the beginning of the contract work, the Director of Public Works or his designee 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 Monday — Friday 7:00 am - 5:30 pm
Saturday 8:00 am - 5:00 pm
May 1 — September 1 Monday — Friday 6:00 am - 7:00 pm
Saturday 8:00 am - 5:00 pm
Work is not permitted during Code Holidays.
Emergency work directed by the City is not impacted by these restrictions.
SAFETY
Contractor shal! comply with the State of California and Ca!-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 shall also
accept additional direction or requirements from City staff when unusuai conditions may
exist or a hazard is identified.
Parking spaces will only be allowed to be closed for one working day at a time and will
immediately be opened when contractor has completed pruning trees in that area.
Contractor will be responsible to post "No Parking" signs, a minimum of twenty-four (24)
hours in advance whenever public or private parking spaces will be closed to perform
the tree pruning. The "No Parking" signs must have the date and time of closure.
Page 21
If work along a public right of way will require the closure of a traffic lane, the Confractor
shafl notify the City at least 24 hours in advance and comply,with procedure outlined in
the WATCH Handbook current edition for Lane and/or Bike Lane Closure.
EtVCROACHMENT
Before commencing work, Contractor shall apply for and receive a no-fee permit to worl<
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 al! times in
accordance with the standard specifications, the project special provisions, and as
directed by the Director of Public Works or his designee.
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 Landscape 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 therefore.
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. No reduction of the traveled way width shall be permitted before
8:30 a.m. or after 4:30 p.m. unless prior approval in writing is obtained from the City
Engineer. Detours shall be in accordance with State Standard Plans and the Caltrans
"Traffic Manua(", Chapter 5, "Traffic Controis for Construction and Maintenance Work
Zones". The 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.
Page 22
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 shafl afso submif detai(ed drawings of any proposed detour(s) fo 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 Cify 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 the Director of Public Works or his designee. 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
No permitted or City contracted tree worker shall work upon private property without the
consent of the property owner.
DEBRIS REMOVAL 8� COMPOSTING OF GREEN WASTE
Contractor shall remove all cuttings and debris from the work area on a daily basis.
Stockpiling of debris will not be permitted unless prior approval has been obtained from
the City. All dump/disposal fees.sha(I be included in the bid proposal price.
Contractor shall compost a(I appropriate green waste removed from City landscape
areas at a City approved facility where green waste in converted to a usable soil
amendment.
Contractor shall submit, on a weskly basis to the Director of Public Works or his
designee, 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 time stated in the specifications the Contractor shall be charged by the city
as liquidated damages five hundred dollars ($500.00) 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.
Page 23
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 sha(I
not be assessed with liquidated damages during the delay in the compfetion 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
c�nclusive.
BID PROPOSAL SUBMISSION
City shall accept a sealed bid proposal submitted on Contractor's proposa! 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 a!I-inclusive.
Contractor shall submit the proposal cost on a per tree basis. This per tree cost shall be
used for any additions or s�rbtractions to the indicated 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
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
Until: 2:30pm on Friday, the 16th day of February 2007
The completed package shall include a signed Contractor's proposal as outlined in the
specification and an executed Affidavit of Non-Collusion (pages 7-13 of this packet).
Page 24