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Home My WebLink AboutC28420 - '09 Tree Removal (933-09) CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AWARD CONTRACT NO. C28420 TO LEON'S LANDSCAPING & TREE SERVICE, INC. OF THOUSAND PALMS, CALIFORNIA FOR THE CITYWIDE TREE REMOVAL PROGRAM (PROJECT NO. 933-09) SUBMITTED BY: H. SPENCER KNIGHT, LANDSCAPE MANAGER JANET M. MOORE, DIRECTOR OF HOUSING CONTRACTOR: LEON'S LANDSCAPING & TREE SERVICE, INC. P.O. BOX 96 THOUSAND PALMS, CA 922�16`�COUNCILA�TIOM APPROVED � DF.NrED DATE: MARCH 12, 2009 RECEIVED OTHER CONTENTS: AGREEMENT MEET G DA PROPOSAL A�s� �er a ; NOES: ABSTAIN: Recommendation: VERIFIED BY: Originai n File with City erk's Office � By Minute Motion, City Council and the Housing Authority�oard: � � �- 1. Award Contract Number C28420 for the Citywide Tree Removal Program � Y 2009 to Leon's Landscaping & Tree Service, Inc. of Thousand Palms, � � a� California in the total amount of $10,375.00 (City $8,250.00 and Housing � � � Authority $2,125.00); � � � U 2. Authorize the Director of Finance to set aside an additional 10% o � contingency in the total amount of $1,037.50 (City $825.00 and Housing y . � Authority $212.50); and on m � � � � 3. Authorize the Mayor to execute the agreement. ^, � W o `� L.L � Discussion: Z � '�, w -� This year's City Tree Removal Program includes both the City of Palm Desert and� > O Housing Authority properties. The subject program was advertised in the local media requesting sealed bids. On February 5, 2009, at 9:30 AM sealed bids were opened and read aloud, with the following bids received: Leon's Landscaping & Tree Service (Thousand Palms, CA) $10,375.00 Tree Elements (Yorba Linda, CA) $13,287.50 Tree Rite (Bermuda Dunes, CA) $13,954.00 California Tree Service (San Marcos, CA) $14,580.00 Andy's Landscape Plus (Bermuda Dunes, CA) $14,635.00 West Coast Arborist (Anaheim, CA) $15,304.00 Award Contract No. C28420 Leon's Landscaping Page 2 of 2 March 12, 2009 Macario's Tree Service (Indio, CA) $22,915.00 RGS Services (Anaheim, CA) $24,640.00 Mariposa Horticulture (Irwindale, CA) $26,415.00 ArborWorks, Inc. (Newark, CA) $42,405.50 Staff reviewed Leon's Landscaping & Tree Service, 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 Leon's Landscaping & Tree Service, Inc. of Thousand Palms, California in the total amount of $10,375 (City $8,250 and Housing Authority $2,125); authorize a 10% contingency in the total amount of $1,037.50 (City $825.00 and Housing Authority $212.50), 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 n e d: H. penc r K i t Mark Greenw od, P.E. Lan scap Ma ger Director of Public Works _._._.� �--''' �-----�. Jan t M. oore �D Yrigo e Direc of Housing Director of edevelopment/Housing Approval: Homer Croy Jo Wohlmuth ACM for eve p ent S ices it Manager . � � Paul Gibson Jus � McCarthy Finance Director M r Redevelop G:'�:PubWorks'�PROJECTS`.933-XX Annual Tree Remova]`�2009`Staff Reports��03-12-09 Awazd C.eons C28420 P933-09',Award Leons C28420 P933-09.doc AGREEMENT This AGREEMENT is made and entered into this 12th day of March 20 09 , by and between City of Palm Desert, California, hereafter called "OWNER," and Leon's Landscapinq & Tree Service, 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 REMOVAL Program - Project No. 933-09, 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 sixty (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 �itigation 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 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: Title: Printed name Signature (to be notarized) Subscribed and sworn to, before me this day of , 2009. Signature of Notary (Seal of Notary) OWNER: By: Attest By: Title: Mayor 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 s�� . " .�,r..,.�>.� � l •.. r .rt'��J"��/rt�i �„... � .. -' -.��.��.'�-3��j`�� ...w r ._.�.,. � ... ..� -' � � .,.� .i ,,.r " � ��w � , _ � s ''� �" �.. • ; �Y,� :1 � ...: ,� . . _• � ` ��''w-.5,.,.� r �...._........-. ``-F.-_�_____.___ �".-.� '�... -..__......� �, -.� '�� I$�'i�.�S�J�,�'��4�'�a $r?��R�E ' w�R'��f'��!'�� . .. ; ��>:�� _----_ ,"„'�� '^ -:=*N�".k'KC. . �^� .-� �,a<:a�. a cu.,:sxr.�n��r nfvr:�-�.caa!-3sa.res� - . .• �ra+ ..+-.>ttt u :-:. . CITYWIDE TREE REM4VAL C4IVTRACT N 4. C28420 . CONTRACT4R'S PROPOSAL SUBMISSION FORM (CONTINUED} QUANT�TY UNIT TOTAL COST COST T�TAL FOR PALM TREE REMOVALS AND STUMP GR1NDtNG 10 $ f �Q.� $ ��5"OD, T�TAL FOR HARDW�OD TREE REMOVA�S AND STUMP GRINDING 71 $ /a i�j. � ${��g7�; GRAND TOTAL 81 $ 1D�375.° �(..2.Y'� ['('l.p v� ��'2� Y 4.J�{'�� 7�Y�✓t� - f.t.1� ; bp��Qp . �Gr�5 �-�Y�-SCc�� r.e.G� ��2.,r�f c�. �-r�.c.. COMPANY - 1�•0 .`��x � � �i�,U v�-e� �o./{/r�S C%�cI �a-�7 C,p . � AD�RESS (--7�a� ��- /�� C�� a�� 3� � � ��¢>��3-/�� OFFICE PH�NE CELL PHONE FAX r � BID PRE AR TITLE / /y/o - S AT R DATE 9 Y CONTRACT�R'S PROPOSAL SUBMISSION FORM IN�ORMATION REQUIRED OF BIDDER NO BID WILL BE CONSlDERED UNLESS 7HI5 DOCUMENT!S COMPLETE�!N FULt ALL APPLICABLE 17EMS MUST BE FILLED OUT The bidder is required to supply the fol(owing information. Additional sheets may be attached if necessary. (1) Address�. � . Qax �'l (p ��`[��.��c�,,r,p,� �a-�,rns ,,C��c3��Cv (2) Telephone No. C�� 3�/3 —/88�l (3} Type of Firm (Individual, Partnership or Corporafiion} �or�vr� o r� (4) Carporatian organized under the laws of the State of C � (5} CONTRACTOR's License No. �4S`+ � r'�- Exp. Date � �3 ) � � 1 � CONTRACTOR hereby swears under penalty of perjury fhat the information provided is true and correct. � By:��"�,�j��i�]\�� Title: (� w�2.1� Signature CONTRACTOR (6) List the names and addresses of all OW NERs of the firm or names and titles of al! officers of the corporation: �!-�asr�.r�� hI1 r�.►-� �.C� . �-e-�n Se�-�r,e.�-�,..- �� .�.(�..v,cPt �,�--oa-o�ti..-t_.►a ��0*7!o 5.:2�R��v,. L.e.u-,t�' �wrie.r- <�s-••� ►�-�:,cr�-�� (7) Number of years experience as a tree CONTRACTOR 1��y 5� (8} Number af years �xperience with municipal tree contracts S�.�rS . (9) I.S.A. Certified Arborisfi Number�nrE_�',239.�4 Exp. Date ��-�3► I�� (1 Q) Number of ISA Certified Tree Workers with the organization � 10 � (11) List at least three similar projects completed within the last five years: Contract CEass of Date Name, Address &Telephone Amount Work Completed Number of OWNER �. � y�o� �-��wl r� la�./bg -T�-�cJr��- �� L o D �1rt ��D� 3 (�— l 2. � qa� .�o ��.,,,,�,v� r� l�dlo� .�o.-�-�� r��- '�!�o-oo U W• �/ Do cr �r. �a� 3�5`—�'3oc� 3. � �075• v o ,�e w�o v� � �a�l01 Ca-s C�� o cQe�/� �� / C a YY1a w�-�ls �'�, � A �'7�z>> `7�Co—S/ 1 b (12) List the names and addresses of each subCONTRACT4R who wifl perform work related ta this confiract and indicate what portion of the work will be done by each subCONTRACTOR. (If mare than one subCONTRACTOR, please eheck the box below and list a/!subCONTRACTORs on a separate sheet.) ❑ See SubCONTRACTOR List on Separate Sheet � SubCONTRACTOR's Name: License Number: Address: Telephone: — Work to be perforrned: (13) List the na of the erson who inspected the site of the proposed wark for your firm ��c�.�• ,�, t�, (14) A financial statement or ofiher infarmation and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by OWNER. . 19 (15) This bid was prepared by: ,- Name (print) 'rna'�'j"- �� Signature � T�lephone �a `� 3 r �S � (16} Contact person: �a ,�,r�.- C� � (�e�-�� Name (print) �`�� 3� 3 .^ / �� Telephone 12 • , AFFIDAVIT OF NON-COLLUSION TO SE EXECUTED BY BIDDER AND SUBMITTED WITH BID CITYWIDE TREE REMOVAL PROGRAM PROJECT NO. 933-09 CONTRACT NO.C28424 STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSYDE) ��1'('1� �� ,�� ,being first duly sworn, deposes and says that he/she is of �fil•jS I rhJr�SCG�J r�` , the party making the foregoing bid; that the bid is not made in the interest of, or on beha�, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is 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, coru�ived, ar agreed with any bidder or anyone alse to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bzd 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 flr data relative thereto, or paid, and wilt not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a c � sive or sham bid. B , � � ��-��-- Signature(CO RAC OR) � Title(CONTRACTOR} Jurat Certificate — State of California } i u u'�(zSi�.L` � County of � ) Su cribed and sworn to (or affirmed)before me on this� day af (month)� ��_ �Ye�')�hy�`ZC'�''�trs bl��.- l�%�r� , proved to me on the,basis of s �isfactory f!idence to be the person(s)who appeared before me. Signature of Notary 1 (Seal of Notary} ANGELICA M.GAZARfS COMM.�1638944 � hOTARYPUB1.iC�GWFORNIA � RWERSIDE CWNTY Comm.Exp.dAN.17,2010 13 �