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HomeMy WebLinkAboutC32070 Desert Willow Golf Resort Tree Pruning 842-13CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT Contract No. C32070 X-t REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C32070 TO WEST COAST ARBORISTS, INC., (ANAHEIM, CALIFORNIA) FOR TREE PRUNING AT DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $44,250 (PROJECT NO. 842-13) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: West Coast Arborists, Inc. 2200 E. Via Burton Anaheim, California DATE: September 27, 2012 CONTENTS: Contract No. C32070 Recommendation By Minute Motion: 1. Authorize the award of Contract No. C32070 to West Coast Arborists, Inc., (Anaheim, California) for tree pruning at the Desert Willow Golf Resort in the amount not to exceed $44,250 (Project No. 842-13); and 2. Authorize the Mayor to execute the contract. Funds are available in Course and Grounds Expenses, Account No. 520-4195-495- 8031. Background As part of the Fiscal Year 2012/2013 budget, $56,250 has been budgeted for tree pruning at the Desert Willow Golf Resort. On August 25 and August 30, 2012, the Notice Inviting Bids for the tree pruning project was published in The Desert Sun. Bids were solicited based on an estimated 750 trees requiring hazard reduction pruning. Staff Report Award Contract No. Page 2of2 September 27, 2012 C32070 to West Coast Arborists for DW Tree Pruning, Project No. 842-13 On September 11, 2012, sealed bids were opened by the City Clerk. Below is a summary of the bids received: Cam an ,Name . city Bid Unit Price West Coast Arborists, Inc. Anaheim, CA $44,250.00 $59.00 Mowbray's Tree Service San Bernardino, CA $47,437.50 $63.25 Reliable Tree Care Coachella, CA $48,000.00 $64.00 Union Tree and Palm Service Cathedral City, CA $48,750.00 $65.00 Aztec Landscaping, Inc. Lemon Grove, CA $57,480.00 $76.64 Mariposa Landscapes, Inc. Irwindale, CA $63,000.00 $84.00 After review of the bids and the contractor qualifications, West Coast Arborists, Inc., based in Anaheim, California, was the lowest responsive bidder. Fiscal Analysis 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. Prepared By: Heather Buck, Project Coordinator Reviewed: ndscape Manager Paul S. Gibson, Director of Finance , City Manager artin Alvarez Director of Economic Development Departnpgn) *ad: Mark Gr a 'ood, PA Director 6f Public Wo CITY COUNCIL ACT ON APPROVED VENIED RECEIVED OTHER MEETING DATE -a q Ti( AYES: NOES: _N un e _ ABSENT: -t_ dne ABSTAIN: M uA e -- VERIFIED BY: Original on File with City Clerk's Tice G:\PubWorks\Staff Reports\2012\September 27\04 Award Desert Willow Tree Pruning 842-13\SR-DW Tree Prune 842-13.doc Contract No. C32070 AGREEMENT DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING FOR FISCAL YEAR 2012/ 2013 CONTRACT NO. C32070 PROJECT NO. 842-13 THIS AGREEMENT is made and entered into in the City of Palm Desert on this 27th day of September 2012, by and between the City of Palm Desert, a municipal corporation, hereinafter referred to as "Owner," and West Coast Arborists, Inc., herein referred to as "Contractor." WITNESSETH: WHEREAS, the 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 the Owner for said services; and WHEREAS, Contractor states that it has re-examined its contractor's bid 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 bid 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 This project is to be completed within 45 Calendar Days from the date specified in the Notice to Proceed. The Contractor will commence work within ten (10) days from the date specified in the Notice to Proceed. Time for commencement and completion of the work is important, and is to be of the essence of the Contract. (2) OWNER'S OBLIGATIONS For Agreement, the City will pay and therefore an amount not to exceed ($ 44,250) as billed on a per -item Documents and adopted by the City. furnishing services, as specified in this Contractor shall receive in compensation, forty-four thousand two hundred fifty dollars monthly basis as set forth in the Contract (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by the City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. Contract No. C32070 (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless the Desert Willow Golf Resort (DWGR), Kemper Sports Management, Inc. (Kemper), and City of Palm Desert, their officials, officers, employees, representatives, volunteers 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 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 Kemper, DWGR and City and do whatever is necessary to protect Kemper, the DWGR and City of Palm Desert, their officials, officers, employees, agents, volunteers 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 City determines that Contractor is not faithfully abiding by any term or condition contained herein, the 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 the 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 City's damages from such breach. The City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the 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 compensation in excess of the per item price quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; Contract No. C32070 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) Exhibit(s); (1) Addenda Nos. 1; (m) Any Change Orders issued; (n) 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. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by 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. (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 City of Palm Desert: City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Contract No. C32070 If to Contractor: Patrick Mahoney West Coast Arborists, Inc. 2200 E. Via Burton Anaheim, CA 92806 (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. (14) AUTHORITY TO EXECUTE THIS AGREEMENT Both City 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) FOR CITY BY: ROBERT A. SPIEGEL MAYOR Palm Desert, California APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST: RACHELLE D. KLASSEN CITY CLERK Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Contract No. C32070 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } )SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her/their authorize his/her/their signature(s) on the instrument the person(s), which the person(s) acted, executed the instrument. (Seal) a d to be the person(s) whose acknowledged to me that capacity(ies), and that by or the entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Contract No. C32070 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to West Coast Arborists, Inca hereinafter designated as the "Principal", a contract for: DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING FOR FISCAL YEAR 2012/13 PROJECT NO. 842-13 CONTRACT NO. C32070 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Principal, and firmly bound unto the City of Palm the as Surety, are held and Desert hereinafter called the City, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Contract No. C32070 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) On personally appeared before me, PRINCIPAL BY: , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Contract No. C32070 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to West Coast Arborists. Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated September 27, 2012 described as follows: DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING, PROJECT NO. 842- 13, CONTRACT NO. C32070, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 et seq. of the California Civil Code; NOW, THEREFORE, we, the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Contract No. C32070 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/Contractor: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above)