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Home My WebLink AboutC28400 - '09 Palm Tree Pruning (931-09) CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AWARD CONTRACT NO. C28400 TO ANDY'S LANDSCAPE PLUS, INC. OF BERMUDA DUNES, CALIFORNIA FOR THE CITYWIDE PALM TREE PRUNING PROGRAM (PROJECT NO. 931-09) SUBMITTED BY: H. SPENCER KNIGHT, LANDSCAPE MANAGER JANET M. MOORE, DIRECTOR OF HOUSING CONTRACTOR: ANDY'S LANDSCAPE PLUS, INC. 40751 ADAMS STREET . BERMUDA DUNES, CA 92��yCOUNCILA�iITON APPROVED DENiED DATE: MARCH 12, 2009 RECEIVED OTHER CONTENTS: AGREEMENT MEET G DA ` PROPOSAL AYES: � er NOES: AB EN Recommendation: ABSTAINs VERIFIED BY: rk'a Office `-' By Minute Motion, the City Council and the Hous�$�!l�i�BU"��Y 4 �� - 1;3 1. Award Contract Number C28400 for the Citywide Palm Tree Pruning � �' �.- :� Program 2009 to Andy's Landscape Plus, Inc. of Bermuda Dunes, � � California in the total amount of $72,517.50 (City $64,890 and Housing `� C? Authority $7,627.50); �� r.� C� 2. Authorize the Director of Finance to set aside an additional 10% '�,� :� contingency in the total amount of $7,251.75 (City $6,489.00 and Housing m` j Authority $762.75); and c'�, p ;� �? m � 3. Authorize the Mayor to execute the agreement. �� ,� �-� � ,�, � �l, �--� � i!- � Discussion: �- y� � �a-- �i �� This year s City Palm Tree Pruning Program includes both the City of Palm Desert and'` Housing Authority properties. The subject program was advertised in the local media requesting sealed bids. On February 5, 2009 at 9:00 AM sealed bids were opened and read aloud, with the following bids received: Andy's Landscape Plus, Inc. (Bermuda Dunes, CA) $ 72,517.50 Leon's Landscaping (Thousand Palms, CA) $ 75,966.11 Macario's Tree Service (Indio, CA) $ 80,575.00 West Coast Arborists (Anaheim, CA) $ 83,636.85 California Tree Service (San Marcos, CA) $ 84,603.75 Award Contract No. C28400 Andy's Landscape Plus Page 2 of 2 March 12, 2009 Tree Rite (Bermuda Dunes, CA) $ 88,632.50 Mariposa Horticulture (Irwindale, CA) $162,761.50 RGS Services (Anaheim, CA) $167,596.00 Staff reviewed Andy's Landscape Plus, Inc.'s bid proposal and determined that the bid requirements have been met. Therefore, staff recommends that, by Minute Motion, City Council and the Housing Authority Board award the subject contract to Andy's Landscape Plus, Inc. of Bermuda Dunes, California in the total amount of $72,517.50 (City $64,890.00 and Housing Authority $7,627.50); authorize a 10% contingency in the total amount of $7,251.75 (City $6,489.00 and Housing Authority $762.75), and authorize the Mayor to execute the agreement. Fiscal Impact: Funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Accounts 110-4610-453-3320, 110-4611- 453-3320, 110-4611-453-3371, Repair/Maintenance Medians Account 110-4614-453- 3370, and Assessment District Fund 200 accounts. Submitted by: Depart H ad: H. penc r K ' t Mark Greenwood, P.E. Lan sca Ma ger Director of Public Works / _ � _-. ,. ,, .,,,�- G';✓' Jan t M. oore ` ave Yrigoye` Dire r of Housing Director F edevelopmenUHousing Approv I• � � — Homer Croy n ohlmuth ACM for Dev ment Services C' y Manager c Paul Gibson sti McCarthy Finance Director ACM or Redevelo ment g:��pubworks`�projects`�931-xx annual palm tree pruning projecfl2009��staff reporis�03-12-09 award palm tree c28400 to andys�a�a�azd andys c28400 p931-09.doc AGREEMENT This AGREEMENT is made and entered into this 12t" day of March 2009, by and between City of Palm Desert, California, hereafter called "OWNER," and Andv's Landscape Plus, Inc., hereinafter called "CONTRACTOR." WITNESSETH RECITALS: 1. CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the construction of OWNER'S Project, 2009 CITYWIDE PALM TREE PRUNING Program - Project No. 931-09, 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, and 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) CONTRACTOR's Proposal; (e) the General Terms and Conditions; (f) the Specific Terms and Conditions; (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; and (k) any additional or supplemental specifications, notices, instructions or 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. That 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 in accordance with the Contract Documents and will complete said work, within (60) calendar days from the date the Notice to Proceed is issued, to the satisfaction of the Director of Public Works. 3. Liquidated damages shall be five hundred ($500.00) dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or CONTRACTOR, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. CONTRACTOR shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contract Documents and applicable law. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I wilt 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: gy; Title: Printed name Signature (to be notarized) Subscribed and sworn to, before me this day of , 2009. Signature of Notary (Seal of Notary) OWNER: gy; 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 CONTRACTOR'S PROPOSAL SUBMISSION F�RM CITY OF PALM DESERT CITYWIDE PALM TREE PRUNENG PROGRAM PROJECT NO. 939-09 CONTRACT NO. C28400 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned deciares tha# he/she has carefufEy examined the Bid Terms and Canditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Invitation to Bid; that he/she is tharoughly famifiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all phases and types of tree work described in the specifications. The unit cost for all pafm tree pruning wark shall be indicated. THIS AREA LEFT INTENTIONALLY BLANK 8 ., CONTRACTOR'S PROPOSAL SUBMISSION FORM • (CONTiNUEDj QUANTITY UNtT TOTAL COST COST TOTAL FOR ALL PALM TREE PRUNING 3223 $ $ 1 ��`�� _ 72��t�7,�� tn� �� z� �w�� r COMPANY `l��7�� t�1�7Pr�G-✓ �"T('��Gif, �l�1��tU�I� �t1��'i, ! � �►'L�Zf.� � ADDRESS ��Ipa• '�l'.-1~'i•' IPf�dL.-7 �`r(Q0 -/1_��~(��i I � �7�Pla �-� (��'j`t'� OFFICE PHONE CEL� PHONE FAX A-��7�f vP��/�c�� 0�t��.��ri D�i BID�P TITLE ._ _ �/� .�//C��9 ' S(GNAT DATE 4 CONTRACTOR'S PROPOSAL SUBMISSION FORM INFORMATION REQUIRED OF BIDDER NO BID W/LL BE CONSIDERED UNLESS TH/S DOCUMENT IS COMPLETED lN FULL ALL APPLlCABLE 1TEMS MUST BE FILLEO OUT The bidder is required to supply the following information. Additional sheets may be attached if necessary. {1) Address �"�"1�f �r�i�'I�i ��Ei, '1�1G�N1U'D/'c `pJNLh, �G4 � ►2ZD3 (2) Telephone No. �(�D•'�j��• (o(�� (3) Type of Firm (Individual, Partnership or Corporation) ��U2� �� (4) Corporation organi�ed under the laws of the State of C�tit FQ��i/'� (5) CONTRACTOR's License No. Q'(�'1�7 � Exp. Date t '��1 �D"1 CONTRACTOR hereby swears under penal#y of perjury that the information provided is t ue el-carPec�. - By: � i `T"it"le: �F�.../ r��G�t �7�� i C4NTRA �R {6) List the names and addresses of a!I OWNERs of the firm or names and titles of all officers of the corporation: lkN� t�iE�/jk�t�� . AOP�sa �P�✓�,F.�r�. �G.�G - �'��[Z-�� i.-� �/�-2t��- rD��-'C`�(�--- i (7) Number of years experience as a tree pruning CONTRACTOR '�j(� (8) Number of years experience with municipa( tree contracts � (9) I.S.A. Certified Arborist NumberiN��/h Exp. Date��il 12D� i (.O'P�t �'C�J�E-lill�l�� `�C'S L�i�jCf-�� y'jT��t-��- (10) Number of ISA Certified Tree Workers with the organization (� 1Q � (11} List at least three similar prajects completed within the last five years (two must involve pruning deserk palett� trees, including palm trees): Contract Class of Date Name, Address &Telephone Amount Work Completed Number of OWNER QA�v1�4ci G�-i��-t5 J nl iF��D 5- � 'f. $ ' I �U�l �t��! �2�0 l G �ti✓�U fzD�D d�- . cl 0� G� �q�Qv t�'z.Gttrvl`�c /'�CLP'4 �ZN�5� l/t ��1�'Lt.o/y- �t'��G�Dvtr� 7�0 '�1 �d 2. $ � f 1 2+,rnt i Y.!ta • �-�Gt 'P�M�t��u�i�iS i1 N�F��y� �,� ��Ct/I�/1 1 ��f�f►�11�? � � �';-��.,., .•r� �'�..,n J�,�v� �.�-r�n G • �..�'� �i 2�L�rL �-«ic rvt 'PA�� ` lv0 �! - K-[� 3. $ �ti C� ��'�--- � 2 v 'QF�r��7 ��rN�> il N t F�Gi��C� �Rwri-��15 �f'1R� T�N� ��r� 1.�rL�J J Ni7't, l_f'C �►7�G�J� �'�-r�d- �� -�tiso (12) List the names and addresses of each subCONTRACT�R who will perform work related to this contract and indicate what portion of the worEc will be done by each subCONTRACTOR. ([f more #han one subCONTRACTOR, please check the box below and list all subCONTRACTORs on a separate sheet.) _ ❑ See SubCONTRACTOR List on Separate Sheef SubCONTRACTOR's Name: License Number: _ i��/� Address: Telephone: Work to be performed: (13) List the name of#he person who inspected the site of the proposed work for your firm At•i� 1=,1��/�Y'�it G,�l�t (14) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by OWNER. 11 f (15} This bid was prepared by: Name (print) � ��`� Signature Telephone - D''L (16) Contact person: �� V�� Name (print) Telephone �taD • �j�i�� (P� ' `��'� • (��j i c_.o 12 � R AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH SID CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-09 CONTR.ACT NO. C28400 STATE OF CALIFORNIA) } SS COUNTY OF RIVERSIDE) ��..�C �.-/�VA'P—�E�!k _,being first duly sworn, deposes and says that he/she is of��, ��PG�pu�iT, t party rnakin.g the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, associatian, organization, or corporation; that the bid zs genuine and neither collusive nor sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, ar that anyone shall refrain from bidding; that the biddez has not in any rz�.anner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or az�y other bidder, or to fix any overhead, proftt, or cost eiement of tha bid price, or of that of any other bidder, or to secure any advantage against the public body awaxding the contract of aaryone interested in the proposed contract; that all _ statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divulged information ar data relative thereto, or paid, and will not pay, any fee to any corporation, partnerslup,compan , s�ciation, organization, bid depository, ar to any member or agent therePf to e ectuate a collusive or� am bid. By: -� tN N F' � G 1 Si a r�( IV CTO Title( ONTR.ACTOR) Jurat Cer�ificate State of California ) Countyof ��St� ) bscribed and sworn to (or affirmed)before me on his day of • {mon }, �� (year),by r l� , proved to m on the ba is of satisfactory evidence to be th rsan who peared before me. Signature of Notary (Seal of Notary) �� il� A�� ConaNaton�1A13213 � Noqry Puaie-CNNomI� � Rkwt�dt Count�r ��WI Canm.E� ina Si t� 201Z 93