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HomeMy WebLinkAboutC31220 Fiscal Year 2011 / 2012 Tree Pruning at Desert Willows Golf ResortCITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C31220 TO UNION TREE & PALM SERVICE (CATHERDRAL CITY, CA) FOR FISCAL YEAR ENDING (FYE) 2012 TREE PRUNING AT DESERT WILLOW IN AN AMOUNT NOT TO EXCEED $50,000 SUBMITTED BY: Heather Buck, Project Coordinator CONTRACTOR: Union Tree & Palm Service P.O. Box 2628 Cathedral City, CA 92235 DATE: October 27, 2011 CONTENTS: Agreement Recommendation By Minute Motion: Authorize the award of Contract No. C31220 in the amount not to exceed $50,000 to Union Tree & Palm Service for the FYE 2012 tree pruning at Desert Willow. Funds are available in Desert Willow Fund 520. Background As part of the 2011/2012 budget, $50,000 has been budgeted for tree pruning at the Desert Willow Golf Resort. On September 28 and October 5, 2011, the Notice of Inviting Bids for the tree pruning project was published in The Desert Sun. Bids were solicited based on an estimated 800 trees requiring hazard reduction pruning. On October 12, 2011, sealed bids were opened by the City Clerk. Below is a summary for the bids received. Company Name City Bid Unit Price Union Tree & Palm Service Cathedral City, CA $ 52,000 $65/tree West Coast Arborists, Inc. Anaheim, CA $180,000 $225/tree Staff Report Award Contract No. C31220 to Union Tree & Palm Service for DW Tree Pruning for FYE 2012 Page 2 of 2 October 27, 2011 After review of the bid(s) and the contractor qualifications, Union Tree & Palm Service, based in Cathedral City, California, was the lowest bidder. This Contractor did not provide qualifications for their ISA certified arborist, a subcontractor, at the time of bidding, but has since provided this information. Staff has reviewed this bid irregularity with the City Attorney and recommends that this irregularity be waived. Staff recommends approval of a contract with Union Tree & Palm Service in the amount not to exceed $50,000 for tree pruning at the Desert Willow Golf Resort. Fiscal Analysis The contract amount shall not exceed the budgeted amount. Payments will be provided based on unit pricing and actual number of trees pruned. The Desert Willow Golf Resort golf course superintendent is responsible for the determination of which trees require hazard pruning. No appropriation is required; funding is available in the current budget. Submitted By: �� ' /J Heather Buck, Project Coordinator M in Alvarez, Redevelopment Manager Department Head: Jvsfiri McCarthy, ACM tX-Re evelopment Paul S. Gibson, Director of Finance Approval: CM COUNCTLACT ON APPROVED_„ DENTED M. Wohlmuth, City Manager RECEIVED OTHER MF,ETING D TE AYES: NOES: ABSENT: _06111 Ip ABSTAIN: VERIFIED BY: Original on File with City C erk's Office \\srv-fi12k3\groups\rda\Heather Buck\Desert Willow\Annual RFPs\Tree Pruning\StfRpt\102711-TreePruneAWardContract.doc CITY OF PALM DESERT DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING FOR FYE 2012 CONTRACT NO. C31220 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 27th day of October 2011, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR," and Union Tree and Palm Service, herein referred to as "Contractor." WITNESSETH: WHEREAS, on September 28, 2011, City invited bids for Tree Pruning at the Desert Willow Golf Resort; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by DWGR for said services; and WHEREAS, 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; NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2012 or to such later date as may be agreed in writing between parties. (2) DWGR'S OBLIGATIONS For furnishing services, as specified in this Agreement, DWGR will pay and Contractor shall receive in full compensation, therefore the total sum not to exceed fifty thousand dollars ($ 50,000) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by DWGR. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by DWGR, Contractor agrees with DWGR to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless the Desert Willow Golf Resort and City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its Contract No. C31220 agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify DWGR and City and do whatever is necessary to protect the DWGR and City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City of Palm Desert. (6) TERMINATION If, during the term of this Agreement, the DWGR or City determines that Contractor is not faithfully abiding by any term or condition contained herein, DWGR or City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day period of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and DWGR or City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received the Notice of Termination, minus any offset from such payment representing the DWGR or City's damages from such breach. DWGR and City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the DWGR and City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms and Conditions/Instructions to Bidders; Bidder's Proposal Submission Forms; Addendum Nos. none; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall. be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. Contract No. C31220 (9) BINDING AGREEMENT This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. (10) CALIFORNIA LABOR CODE COMPLIANCE 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." Further to the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (11) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (12) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: IF TO DESERT WILLOW GOLF RESORT: Attention: Derek White DESERT WILLOW GOLF RESORT 38-995 Desert Willow Drive Palm Desert, CA 92260 IF TO CONTRACTOR: Attention: Rafael Amador Union Tree & Palm Service P.O. Box 2628 Cathedral City, CA 92235 (13) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. Contract No. C31220 (14) AUTHORITY TO EXECUTE AGREEMENT Both DWGR and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. 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 , 20 Signature of Notary FOR DWGR/CITY BY: JEAN M. BENSON MAYOR Palm Desert, California APPROVED AS TO CONTENT: DAVID J. ERWIN CITY ATTORNEY (Seal of Notary) ATTEST: RACHELLE D. KLASSEN CITY CLERK Palm Desert, California