HomeMy WebLinkAboutC28400 - '09 Palm Tree Pruning (931-09) CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C28400 TO ANDY'S LANDSCAPE
PLUS, INC. OF BERMUDA DUNES, CALIFORNIA FOR THE
CITYWIDE PALM TREE PRUNING PROGRAM (PROJECT NO.
931-09)
SUBMITTED BY: H. SPENCER KNIGHT, LANDSCAPE MANAGER
JANET M. MOORE, DIRECTOR OF HOUSING
CONTRACTOR: ANDY'S LANDSCAPE PLUS, INC.
40751 ADAMS STREET
BERMUDA DUNES, CA 92201
DATE: MARCH 12, 2009
CONTENTS: AGREEMENT
PROPOSAL
Recommendation:
By Minute Motion, the City Council and the Housing Authority Board:
1. Award Contract Number C28400 for the Citywide Palm Tree Pruning
Program 2009 to Andy's Landscape Plus, Inc. of Bermuda Dunes,
California in the total amount of $72,517.50 (City $64,890 and Housing
Authority $7,627.50);
2. Authorize the Director of Finance to set aside an additional 10%
contingency in the total amount of $7,251.75 (City $6,489.00 and Housing
Authority $762.75); and
3. Authorize the Mayor to execute the agreement.
Discussion:
This year's City Palm Tree Pruning Program includes both the City of Palm Desert and
Housing Authority properties. The subject program was advertised in the local media
requesting sealed bids. On February 5, 2009 at 9:00 AM sealed bids were opened and
read aloud, with the following bids received:
Andy's Landscape Plus, Inc. (Bermuda Dunes, CA) $ 72,517.50
Leon's Landscaping (Thousand Palms, CA) $ 75,966.11
Macario's Tree Service (Indio, CA) $ 80,575.00
West Coast Arborists (Anaheim, CA) $ 83,636.85
California Tree Service (San Marcos, CA) $ 84,603.75
Award Contract No. C28400 Andy's Landscape Plus
Page 2 of 2
March 12, 2009
Tree Rite (Bermuda Dunes, CA) $ 88,632.50
Mariposa Horticulture (Irwindale, CA) $162,761.50
RGS Services (Anaheim, CA) $167,596.00
Staff reviewed Andy's Landscape Plus, 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 Andy's Landscape Plus, Inc. of Bermuda
Dunes, California in the total amount of $72,517.50 (City $64,890.00 and Housing
Authority $7,627.50); authorize a 10% contingency in the total amount of $7,251.75
(City $6,489.00 and Housing Authority $762.75), 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 H ad:
H. penc r K ' t Mark Greenwood, P.E.
Lan sca Ma ger Director of Public Works
Jan- I- oore ave Yrigoye`
Dire sr of Housing Director edevelopment/Housing
Approv I.
.;„,grI
Homer Croy . n 7'ohlmuth
ACM for Dev ment Services y Manager
Paul Gibson .sti McCarthy
Finance Director ACM or Redevelo•ment
g:pubworks`projects`93I-xx annual palm tree pruning project 2009 staff reports 03-12-09 award palm tree c28400 to andys award andys c28400 p931-09.doc
AGREEMENT
This AGREEMENT is made and entered into this 12th day of March
2009, by and between City of Palm Desert, California, hereafter called "OWNER," and
Andy's Landscape Plus, Inc., hereinafter called "CONTRACTOR."
WITNESSETH
RECITALS:
1. CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for
the construction of OWNER'S Project, 2009 CITYWIDE PALM TREE PRUNING
Program - Project No. 931-09, 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
(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 litigation 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: City Clerk of Palm Desert
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E., DAVID J. ERWIN,
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
CONTRACTOR'S PROPOSAL SUBMISSION FORM
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO. 931-09
CONTRACT NO. C28400
TO: CITY CLERK
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned declares that he/she has carefully examined the Bid Terms and
Conditions, the General Terms and Conditions, and the Specific Terms and Conditions
accompanying the Invitation to Bid; that he/she is thoroughly familiar with the contents
thereof, and is authorized to represent the bidding firm and propose services to City of
Palm Desert.
It is understood that the price shown hereon includes all phases and types of tree work _
described in the specifications.
The unit cost for all palm tree pruning work shall be indicated.
THIS AREA LEFT INTENTIONALLY BLANK
•
CONTRACTOR'S PROPOSAL SUBMISSION FORM
(CONTINUED)
QUANTITY UNIT TOTAL
COST COST
TOTAL FOR ALL PALM TREE PRUNING 3223 $ $ 1
`�0 72rft 7,TO
•
117`r ( 7
COMPANY
140 7 61 t°cT7 b4 71%-w tU'/ "VMJGr4% /A 4 v2-2 I
ADDRESS
'7i00• ip0 0 .1100 -7 fo0 / (O S
OFFICE PHONE CELL PHONE FAX
A-N7' ki .���7-17,1ri D i
BID P Y `� TITLE
SIGNAT DATE
4
CONTRACTOR'S PROPOSAL SUBMISSION FORM
INFORMATION REQUIRED OF BIDDER
NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL
ALL APPLICABLE ITEMS MUST BE FILLED OUT
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Address 1-/0751 c M' ‘7-17, i/ ' Q MUVA `f7i)AJ /G4 a ►2203
(2) Telephone No. -7600•'7.i f c• fold r2-7
(3) Type of Firm (Individual, Partnership or Corporation) Uiz 6.1\1
(4) Corporation organized under the laws of the State of CAI/tFOR 1 A
(5) CONTRACTOR's License No. TL>I 7 ) Exp. Date I 'z-.7- /09
CONTRACTOR hereby swears under penalty of perjury that the information
provided is t /e . •: •
By: I I Al _ itle: G t
Siatu e CONTRA OR
(6) List the names and addresses of all OWNERs of the firm or names and titles of
all officers of the corporation:
AN t.-A VAS+✓
�pQ c VA✓tc174.. A-
(7) Number of years experience as a tree pruning CONTRACTOR
(8) Number of years experience with municipal tree contracts
(9) I.S.A. Certified Arborist NumberoieQ gf A Exp. Date 1'?i I31 `zo/
Ar13-0 E-14\W O AA 0`-C'S L i I CA17E- f
(10) Number of ISA Certified Tree Workers with the organization ()
10
(11) List at least three similar projects completed within the last five years (two must
involve pruning desert palette trees, including palm trees):
Contract Class of Date Name, Address &Telephone
Amount Work Completed Number of OWNER
17k44' - 1\i 5 01\1iF1C-9 5- l7
1. $ 4,(P ► A1 "WI I /61, .14o t rzoA- d2
c(SO G TAR o rr'z 6/30\ `f0 N1
- 41 7(00 -4362 1 43e.'4v
2. $ , i ick7-1)^r iY.l to •74;-11/ , 'PA-t'M 'NI cis O N IFi c y7 ‘7,
p',4 fl QM itz-ea I At-J-017-OI 7 o-
'1W C TAI1civiTz= l tAi`form
G �i 2-ZcprL
«•- M ,pyh,Nt7 `7100• I - Ka)
3. $ 4/000 .mot- }yam- 0/20/00 'va c.- 'ciJ J UPJ -(&i)' C7
•7(pd- 71 1 -4ti50
(12) List the names and addresses of each subCONTRACTOR who will perform work
related to this contract and indicate what portion of the work will be done by each
subCONTRACTOR. (If more than one subCONTRACTOR, please check the
box below and list all subCONTRACTORs on a separate sheet.)
❑ See SubCONTRACTOR List on Separate Sheet
SubCONTRACTOR's Name:
License Number: N1A
Address:
Telephone:
Work to be performed:
(13) List the name of the person who inspected the site of the proposed work for your
firm AtJ17( 1,/c�1A"FA lit
(14) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by OWNER.
11
(15) This bid was prepared by:
Name (print) AT A t,e-&-7 A
Signature fa
Telephone
D'2`7
(16) Contact person: AN 12"i vP0J1/4't�te-�
Name (print)
Telephone -WO • �1 " (oL�l2�
•
12
R
AFFIDAVIT OF NON-COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO. 931-09
CONTRACT NO. C28400
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
/j4?'( 1,-A VA'P-4Ee Pc ,being first duly sworn, deposes and says that he/she is
of ANIDNee-j l,1ml 1PW‘i,.1.Otfrparty making the foregoing bid; that the bid is not made in
the interest of, or on behalf of, 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, connived, or agreed with any bidder or
anyone else 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 bid 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 or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company;association, organization, bid depository, or to any member
or agent theref to e ectuate a collusive ors am bid.
By: ( Ulf Ni F � l Tl GAIT
Si a re N CTO Title CONTRACTOR)
( {
Jurat Certificate
State of California )
County of hi St )
bscribed and sworn to (or affirmed)before me on his day of •
{mon }, ,;7pn� (year),by r .A,i�trifOl ,
proved to m on the ba is of satisfactory evidence to be th- .-rson - who aibpeared before me.
Signature of Notary (Seal of Notary)
lbdM ilk A
1 Commission 11813213
- ,! Notary Public-CNNornis I
z ``�.r..•r•.J Riverside County
s_ _ z Comm.Erna Ssi 14`2012
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