HomeMy WebLinkAboutC32830 West Coast Arborists - Tree Pruning at DWGR 842-14 Contract No. C32830
CITY OF PALM DESERT
PUBLIC WORKS
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C32830 TO WEST
COAST ARBORISTS, INC., OF ANAHEIM, CALIFORNIA, FOR
TREE PRUNING AT DESERT WILLOW GOLF RESORT IN AN
AMOUNT NOT TO EXCEED $51,750 (PROJECT NO. 842-14)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, California 92806
DATE: July 11, 2013
CONTENTS: Contract No. C32830
Contractor's Proposal
Recommendation
By Minute Motion:
1. Authorize the award of Contract No. C32830 to West Coast Arborists,
Inc., of Anaheim, California, for tree pruning at the Desert Willow Golf
Resort in the amount not to exceed $51,750 (Project No. 842-14); and
2. Authorize the Mayor to execute the contract.
Funds are available in Course and Grounds Expenses, Account No. 520-4195-495-
8031.
Backqround
As part of the Fiscal Year 2013/2014 budget, $56,250 has been budgeted for tree
pruning at the Desert Willow Golf Resort.
On June 5 and June 12, 2013, 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 IVo. C32830 to West Coast Arborists for DW Tree Pruning, Project No. 842-14
Page 2 of 2
July 11, 2013
On June 24, 2013, sealed bids were opened by the City Clerk. Below is a summary of
the bids received:
G�n� �n N�m� Ci ' Bid ., , ' ' t�n�t'Price '
West Coast Arborists, Inc. Anaheim, CA $51,750.00 $69.00
Mari osa Landscapes, Inc. Irwindale, CA $74,240.00 $99.00
After review of the bids and the contractor qualifications, West Coast Arborists, Inc.,
based in Anaheim, California, was the lowest responsive bidder.
Fiscal Analvsis
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: _ � /
��,
� ����--,
H ather Buck, Project Coordinator artin Alvarez
Director of Economic Development
Reviewed: Depart t .
H. nce ight, andscape Manager Mark Gre n ood, P.E.
Director P blic Works
� � �tv
Paul S. Gib n, Director of Finance C�yCOUNCILA�t'ION
APPROVED � DENTEp
rov � RECEIVED OTHER
MEET G DA �
YES; /
n M. Wohlmuth, City Manager NOES:
ABSENT:
ABSTAIN:
VERIFIED BY: �
Original on File with City e 's Office
G:\PubWorks\Staff Reports�2013\July 11\01 Desert Willow Tree Pruning\SR-Award DW Tree Prune 842-14.doc � �
Contract No. C32830
AGREEMENT
DESERT WILLOW GOLF RESORT
ANNUAL TREE PRUNING FOR FISCAL YEAR 2013/14
CONTRACT NO. C32830
PROJECT NO. 842-14
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 11th
day of Ju�l i 2013, by and between the City of Palm Desert, a municipal corporation,
hereinafter referred to as "CITY," 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 CITY 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 60 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.
Liquidated damages shall be assessed at 500.00 per calendar day beyond the
completion date stated in the Notice to Proceed.
(2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement,
the CITY will pay and CONTRACTOR shall receive in compensation, therefore
an amount not to exceed fifty-one thousand seven hundred fiftv dollars
($51,750) as billed on a per-item monthly basis as set forth in the Contract
Documents and adopted by the CITY.
Contract No. C32830
(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.
(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, their officials, officers, employees,
representatives, volunteers and agents from and against all claims, lawsuits,
liabilities or damages of whatsoever nature arising out of i#s 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, DWGR and CITY, their
officials, officers, employees, agents, volunteers and representatives as to any
such claims, lawsuits, liabilities or damages as explained more fully in the
General Specifications.
(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 fult 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.
Contract No. C32830
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;
(j) The Standard Specifications as modified in other portions of the Contract
Documents; (k) Exhibit(s); (I) Addenda Nos. None; (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 befinreen the parties hereto. No oraf 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.
Contract No. C32830
(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: If to CONTRACTOR:
City Clerk Patrick Mahonev, President
City of Palm Desert West Coast Arborists
73-510 Fred Waring Drive 2200 E. Via Burton
� Palm Desert, California 92260 Anaheim, California 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:
gy; Title:
Printed name
(Signature (to be notarized)
FOR CITY BY: ATTEST:
JAN C. HARNIK RACHELLE D. KLASSEN
MAYOR CITY CLERK
Palm Desert, California Palm Desert, California
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Contract No. C32830
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 (Seal)
CITY 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 (Seal)
Contract No. C32830
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to West Coast Arborists, Inc. hereinafter designated as the "Principal", a
contract for:
DESERT WILLOW GOLF RESORT
ANNUAL TREE PRUNING FOR FISCAL YEAR 2013/14
PROJECT NO. 842-14
CONTRACT NO. C32830
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, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
fifty-one thousand seven hundred fifty Dollars ($51,750), 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 sh�ll 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. C32830
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 , 2013.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
)
County of )
On before me,
,
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 (Seal)
Contract No. C32830
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 July 11, 2013 described as follows: DESERT
WILLOW GOLF RESORT ANNUAL TREE PRUNING, PROJECT NO. 842-14,
CONTRACT NO. C32830, (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 fiftv-one thousand seven hundred fifty Dollars
($51,750), 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. C32830
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 befinreen 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 , 2013.
PRINCIPAL/Contractor: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance 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)
,��,QNTRACTQR'S BID FQRM
DESERT WILLOW GOLF RESORT
ANNUAL TREE PRUNINt�FOR FlSCAL YEAR 3013/14
PROJECT NO.842-14
CONTRACT NO.C32830
TC>: CITY OF PALM DESERT�"CITY"
DATE: 6l21/13
BIDDER: �Vest Coast Arborists, [nc. .."CONTRACTQR"
The UNDERSIGiNED, "CONTRACTOR", having carefully ex�mined the site and the
Coniract Documents for Dessrt WINow GoB Resort Annual Tr+aes Pruning for Ftscai
Yeeir 2U13h4, Project No.&/2-14, Contrect No. C32830, hereby proposes to perfom►
the work in accordance with the Contract Documents, inclut�ng Addenda No{s) N�A for
the amaunt stated in this Bid.
By submitting this Bid,CONTRACTOR a�r+eea�wlth CITY:
1. That unlass withdrawn in person by CONTRACTt3R or some person autho�ized
in writ#ng by CONTRACTOR — not by telephone or telegram — befare the time
specified in the Natice Inviting Bids for the public q�ening of bids, this Bid
constitutes an irrevocable offer for ninety{90)calender days after that date.
2. The CITY has the right to reject any or all &ds and to waive any irregularities or
informaii�es contained in a &d.
3. That the c�ontract shail be awarded oniy by the goveming body of CITY. Said
contract �alt only be deemed awarded after the CONTRACTC3R'S complete
submission af aq contract documents, bonds, insuranoe tbcumentation, and the
CITY shaN obtain al! necessary signatures af the gaveming body� at afiich time
the s�ntract shall be deemed awarded.
4. To submit to CITY sud� informatlon as CITY may require to detemane the
Bidders financiai standing expe�iene.e and ta perfom�the wo►k.
5. That the acxompanying certified or cast�e+'s chedc or &d 8ond c�nstitutes a
guarantee that ff awarded the ccntract, CaNTRACTOR will execute the
Agreement and deliver the required bands and certificates of insu�anae within 10
days aiter notice of award. If CONTRACTOR fails ta execute and deliver said
documants, the chedc or bond is to be charged with the oosts of the resuftant
damages to CITY, including but not limited to publica�on oo�ts, the difference in
money between the amamt bid and the amount in excess a�the bid which costs
ClTY to da or cause to be cbne the work involved, lease and rental casts,
additional salaries and overhead� increased interest and t�sts of fimding the
project, attomey expense, addtqonal enginesring and architecturai expense and
DYv ANNUA!TREE PFiUNING FtSCAL YEAR 2013114:PROJECT NO.842•1a P e g e 8
cost of maMtaining or c:onstn�ction altemate facil�ies occasioned by the failure to
execute and delWer said documents. '
6. Liquidated dam�ges shaii be$500.00 dollars per calendar day of delay.
it is �derstood tfiat the quantities stwwn herean, except for those quar�ties ma�iced
"Lump Sum", are estimates and the final paymerrt will be based upon the actuaf work
perfomned,subject to such adjustment and altera�ons as efsewhere pravided herein.
The unit cast for ali tree pruning work shali be indicated.
titJANTITY tN+ilT COST TOTAL COST
TOTAI far Trse Prunin 760 a 69.00 � 51 750.00
The costs of any work shawm or required in the Cor�Vact Dancurr�ents and Spec�iications,
but not specificcally identffied as a Pay item are induded in the related Pay Item(s)� and
no add'�ional compensatbn shail be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Speciiic�.tions.
TfJTAL AMOUNT BASE BID IN FIGURES$ 5 i,75Q.00
TOTAL AMOUNT BASE BID IN WORDS Fiftv-one thousand, seven hundred fif�;v dollars
and zera cents.
iN W RNESS WHEREOF CONTRACTOR ' this proposal as of date set forth on
Page C-1:
By:
Sign�t�ure
r�tle: Patric ahone , Fresident
C4NTRACY West oast Arborists, Inc.
State of CaNfomia )
)
CouMy ofi Oran�e )
Subscribed and swom to(or affirmed)before me on this �1 st day of .1une
(month), ��13 (year),by Patrick Mahoney
. proved to ma on the basis of sabsfactory evidence to be the person(s)
who appeared befare me.
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