HomeMy WebLinkAboutC33650 - DWGR Tree Pruning 842-15 Contract No. C33650
CITY OF PALM DESERT
PUBLIC WORKS
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C33650 TO UNION
TREE AND PALM SERVICES, INC, OF CATHEDRAL CITY,
CALIFORNIA, FOR TREE PRUNING AT DESERT WILLOW GOLF
RESORT IN AN AMOUNT NOT TO EXCEED $51,000.00
(PROJECT NO. 842-15)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Union Tree and Palm Services, Inc.
PO Box 2628
Cathedral City, California 92235
DATE: July 10, 2014
CONTENTS: Contractor's Proposal
Agreement
PerFormance Bond
Payment Bond
Recommendation
By Minute Motion:
1. Authorize the award of Contract No. C33650 to Union Tree and Palm
Services, Inc., of Cathedral City, California, for tree pruning at the
Desert Willow Golf Resort in the amount not to exceed $ 51,000.00
(Project No. 842-15); and
2. Authorize the Mayor to execute the contract.
Funds are available in Course and Grounds Expenses, Account No. 520-4195-495-
8031.
Strateqic Plan Obiective
On-going maintenance of the Desert Willow Golf Resort's golf courses sustains one of
the City's premier recreational facilities. By preserving and enhancing this facility, the
City furthers its goals of continuing the high quality of life that our residents and visitors
expect, and providing recreational and exercise opportunities pervasive in all public
spaces.
Staff Report
Award Contract No. C33650 for DW Tree Pruning, Project No. 842-15
Page 2 of 2
July 10, 2014
Backqround
As part of the Fiscal Year 2014/2015 budget, $56,000 has been budgeted for tree
pruning at the Desert Willow Golf Resort.
On June 11 and June 18, 2014, 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. On June 27, 2014, sealed bids were opened by the
City Clerk. Below is a summary of the bids received:
CONTRACTOR LOCATION BID UNIT PRICE
Union Tree 8� Palm Cathedral City, CA $51,000.00 $68.00
Services, Inc.
West Coast Arborists Anaheim, CA $72,000.00 $96.00
After review of the bids and the contractor qualifications, Union Tree and Palm Services,
Inc., based in Cathedral City, 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:
i .% �
Heather Buc ,,. rojec ordinato in Alvarez
` Director of Economic Development
Reviewed� Departmen ead:n
�-'.'� � -Y
a ha , Mark Green �ood, .E. ,
Senior La s ap nspector Director of Public Works
n�6 crrY covrrcn.�ox
.�=e' C' APPROVED DENIED
RECEIVED OTHER
Paul S. i son, Director of Finance
MEET � ''- ��
Approval: AYES: "��'` f/ , i'' `=' � ,
NOES: � � �
���/� � -' �s�G.�c�7"�' ABSENT: � � � �
City Manager ABSTAIN: �
John . Wohlmut , -
VERIFIED BYt
Original on File with City erk's Office
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4
CONTRACTOR'S BID FORM
DESERT WILLOW GOLF RESORT
ANNUAL TREE PRUNING FOR FISCAL YEAR 2014/15
PROJECT NO. 842-15
CONTRACT NO. C33650
TO: CITY OF PALM DESERT, "CITY"
DATE: � �. �; , �; � �..�
BIDDER: `G T- �- "} �= 'r � "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for Desert Wiilow Golf Resort Annual Tree Pruning for Fiscai
Year 2014115, Project No. 842-15, Contract No. C3365Q, hereby proposes to perform
the work in accordance with the Contract Documents, including Addenda No(s) for
the amount stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Bid
constitutes an irrevocable offer for ninety(90) calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the goveming body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of aii contract documents, bonds, insurance documentation, and the
CITY shall obtain all ne+cessary signatures of the gaveming body, at which time
the contract sha11 be deemed awarded.
4. To subrnit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check ar Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fai(s to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done tMe work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attomey expense, additional engineering and architectural expense and
DW ANNUAL TREE PRUNING FISCAL YEAR 2014/15: PROJECT N�.842-'!5 P a g e 8
cost af maintaining or construction altemate facilities occasioned by the failure to
execute and deliver said documents.
6. �iquidated damages shail be $50Q.00 dollars per calendar day of delay.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
The unit cost for all tree pruning work shall be indicated.
QUANTITY UNIT COST TOTAL COST
TOTAL for Tree Prunin 750 $ 1v , Un $ �1 �c:�c��. ���`�
The costs of any work shown or required in the Contract Documents and Specifications,
but not specifically identified as a Pay Item are included in the related Pay Item(s), and
no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID W FIGURES $ � �� ��C''' �`'� �
�
TOTAL AMOUNT BASE BID IN WORDS �� f���`f'���-������'`�a���� �a�:�\�t�.�+�`>
IN WITNESS WHEREt�F CONTRACTOR executed this proposal as of date set forth on
Page C-1• "�
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Signatur " �
Title: �Y��.�i�,�.��.�--�-}-
CONTRACTOR
State of California )
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Count of ' (��v���;� .�,.- )
Subscribed and swom to (or affirmed) before me o this l �`� day of �uk�-�..�
{month), , �, 1 '- (Year), by ' c�: tz-c.1 t`�nG �c;� �'�
, proved to me on the basis of satisfactory evidence to be the person{s)
who appeared before me. �
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Signature af Notary �►.LOP�EI �
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DW ANNUAL TREE PRUNING FISCAL YEAR 2014/15: PRC?JECT NO. 842-15 P a g e 9
Contract No. C33650
AGREEMENT
DESERT WILLOW GOLF RESORT
ANNUAL TREE PRUNING FOR FISCAL YEAR 2014/15
CONTRACT NO. C33650
PROJECT NO. 842-15
THIS AGREEMENT is made and entered into in the City of Palm Desert (CITY) on this
10th day of J� 2014, by and between the Desert Willow Golf Resort, a municipal
corporation, hereinafter referred to as "DWGR," and Union Tree and Palm Services,
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 DWGR 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 her�to 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) DWGR'S OBLIGATIONS For furnishing services, as specified in this
Agreement, the DWGR will pay and CONTRACTOR shall receive in
compensation, therefore an amount not to exceed Fiftv One Thousand and
no/00 Dollars ($51,000.00) as billed on a per-item monthly basis as set forth in
the Contract Documents and adopted by the DWGR.
(3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and
agreements hereinbefore mentioned to be made and performed by the DWGR,
Page 1 of 9
Contract No. C33650
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 (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 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, 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 DWGR/CITY
determines that Contractor is not faithfully abiding by any term or condition
contained herein, the DWGR/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 DWGR/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/CITY's damages from such breach. The
DWGR/CITY reserves the right to delay any such payment until completion of
confirmed abandonment of the project, as may be determined in the
DWGR/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.
Page 2 of 9
Contract No. C33650
(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 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.
Page 3 of 9
Contract No. C33650
(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 DWGR: If to CONTRACTOR:
Attention: Derek White Union Tree and Palm Services, Inc.
DESERT WILLOW GOLF RESORT P.O. Box 2628
38-995 Desert Willow Drive Cathedral City, CA 92235
Palm Desert, CA 92260
(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 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 originat on the
date first above written.
CONTRACTOR: Union Tree and Palm Services, Inc.
By: Title:
Printed name
Signature (to be notarized)
FOR DWGR/CITY BY: ATTEST:
VAN G. TANNER 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
Page 4 of 9
Contract No. C33650
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)
Page 5 of 9
Contract No. C33650
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Union Tree and Palm Services, Inc. hereinafter designated as the
"Principal", a contract for:
DESERT WILLOW GOLF RESORT
ANNUAL TREE PRUNING FOR FISCAL YEAR 2014/15
PROJECT NO. 842-15
CONTRACT NO. C33650
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, Union Tree and Palm Services, Inc. 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 Fi One
Thousand and no/00 Dollars ($ 51,000.00), 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.
Page 6 of 9
Contract No. C33650
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 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)
Page 7 of 9
Contract No. C33650
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Union Tree and Palm Services, Inc. (hereinafter
designated as the "Contractor"), an agreement dated July 10, 2014 described as
follows: DESERT WILLOW GOLF RESORT ANNUAL TREE PRUNING, PROJECT
NO. 842-15, CONTRACT NO. C33650, (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, Union Tree and Palm Services, Inc., 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 and no/00 Dollars
($51,000.00), 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, shalt 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.
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
Page 8 of 9
Contract No. C33650
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: SURETY:
Union Tree and Palm Services, Inc. (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)
Page 9 of 9