HomeMy WebLinkAboutC28410 - '09 Tree Pruning (932-09) CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C28410 TO TREE ELEMENTS, INC. OF
YORBA LINDA, CALIFORNIA FOR THE CITYWIDE TREE
PRUNING PROGRAM (PROJECT NO. 932-09)
SUBMITTED BY: H. SPENCER KNIGHT, LANDSCAPE MANAGER
JANET M. MOORE, DIRECTOR OF HOUSING
CONTRACTOR: TREE ELEMENTS, INC.
22605 E. LA PALMA AVENUE #509
YORBA LINDA, CA 92806
DATE: MARCH 12, 2009
CONTENTS: AGREEMENT
PROPOSAL
Recommendation:
By Minute Motion, City Council and the Housing Authority Board:
1. Award Contract Number C28410 for the Citywide Tree Pruning Program
2009 to Tree Elements, Inc. of Yorba Linda, California in the total amount
of $115,008.74 (City $80,139.36 and Housing Authority $34,869.38);
2. Authorize the Director of Finance to set aside an additional 10%
contingency in the total amount of $11,500.87 (City $8,013.94 and
Housing Authority $3,486.93); and
3. Authorize the Mayor to execute the agreement.
Discussion:
This year's Citywide 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 9:15 AM sealed bids were opened and
read aloud, with the following bids received:
Tree Elements, Inc. (Yorba Linda, CA) $115,008.74
RGS Services (Anaheim, CA) $117,222.00
Mariposa Horticulture (Irwindale, CA) $119,757.00
Leon's Landscaping (Thousand Palms, CA) $121,332.75
West Coast Arborists, Inc. (Anaheim, CA) $123,853.95
Award Contract No. C28410 Tree Elements
Page 2 of 2
March 12, 2009
California Tree Service (San Marcos, CA) $124,484.25
Tree Rite (Bermuda Dunes, CA) $125,009.50
Macario's Tree Service (Indio, CA) $ No Amount
Staff has reviewed Tree Elements, 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 Tree Elements, Inc. of Yorba Linda,
California in the total amount of $115,008.74 (City $80,139.36 and Housing Authority
$34,869.38); authorize a 10% contingency in the total amount of $11,500.87 (City
$8,013.94 and Housing Authority $3,486.93), 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: Departm nt d:
. /
H. S e e fight Mark Gree wood, P.E.
Land ca a nager Director of Public Works
Ja et . Moore ave Y g
Dit' a or of Housing Direc r edevelopment/Housing
Approval:
4 ,
dimw
Homer Croy - • n Wohlmuth
ACM for Development rvices ty Manager
\ih. U 41/4
Paul ibson • sti McCarthy
Finance Director ACM for Redeye'. . ent
g:\pubworks\projects\932-xx annual tree pruning project\2009\staff reports\03-12-09 award c28410 to tree elements p932-09\award tree elements c28410 p932-09.doc
AGREEMENT
This AGREEMENT is made and entered into this 12th day of March
20 09 , by and between City of Palm Desert, California, hereafter called
"OWNER," and Tree Elements, Inc. hereinafter called "CONTRACTOR."
WITNESSETH
RECITALS:
1. CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for
the construction of OWNER'S Project, CITYWIDE TREE PRUNING Program - Project
No. 932-09, 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
sixty (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
(CONTINUED)
QUANTITY UNIT TOTAL
COST COST
TOTAL FOR ALL TREE PRUNING 2101 $ $
t IS,Uo�s y
e- sue e•
COMPANY
/30_G s� Yo 04 3� G%.4 cq 90 1
ADDRESS
C)/1) 6`rY -igi6 .[7/Y)c 2Y-/yc/ , (7H) G/4 -z7,/
OFFICE PHONE CELL PHONE FAX
I-! NC-ri,vri 6 PIZe 5/6 -A7 T
BID PREPARED BY TITLE
S E ?2-Y4°'
SIG D
ATE
9
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 77605 P._ r.a Pal roa 214x7e #509 Vorba Linda, Ca _ 92887
(2) Telephone No.(714) 694-1 91 6
(3) Type of Firm (Individual, Partnership or Corporation) Corporation
(4) Corporation organized under the laws of the State of California
(5) CONTRACTOR' License No.st 1 Q 1 L 7 Exp. Date R/31 /1 0
CONTRACTOR hereby swears under penalty of perjury that the information
provided is t and correct.
By: Title: President
Signature CONTRACTOR
(6) List the names and addresses of all OWNERs of the firm or names and titles of
all officers of the corporation:
Keith Henniq, President Keri L. Isbister, Secretary
Oscar R. Corvera, Vice President _.
Keri L. Isbister, Treasurer
(7) Number of years experience as a tree pruning CONTRACTOR 6
(8) Number of years experience with municipal tree contracts 6
(9) I.S.A. Certified Arborist Numberwp_822ch Exp. Date P1 7/71 /7n1 n
(10) Number of ISA Certified Tree Workers with the organization 5
•
10
t
•
(11) List at least three similar projects completed within the last five years (two must
involve pruning desert palette trees):
Contract Class of Date Name, Address & Telephone
Amount Work Completed Number of OWNER
Tree Still Under
1. $150, 000.00 Ma'ntenance Contract City of San Marion
2200 Huntington Drive
San Marino, Ca. 91108
Ron Serven (626)304-9648
2. $229,811 .00 Maintenance 9/08 City of Lawndale
14717 Burin Ave
Lawndale, Ca. 90260
Marlene Miyoshi
3• $ 55,287.-00 Ueetenance 6/07 City of Simi Valley
500 W. Los Angeles Ave
Simi Valley, Ca. 93065
(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.)
N/A❑ See SubCONTRACTOR List on Separate Sheet
SubCONTRACTOR's Name: N/A
License Number:
Address:
Telephone:
Work to be performed:
(13) List the name of the person who inspected the site of the proposed work for your
firm Jeff Davidson
(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) Kei h e ig
Signature
Telephone 694-1 5
(16) Contact person: Name (print) Nick Magallanes
Telephone ( 71 4)694-1 91 6
12
•
AFFIDAVIT OF NON-COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-09
CONTRACT NO. C28410 •
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
Keith Hennig ,being first duly sworn, deposes and says that he/she is
of Tree Elements, Inc. , the party 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 thereof to effectuate a collusive or sham bid.
By:
President
ignature(C TRACTOR) Title(CONTRACTOR)
Jurat Certificate
State of California )
County of )
Subscribed and sworn to (or affirmed)before me on this day of
(month), (year),by
proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me.
Signature of Notary (Seal of Notary)
13
Jurat
State of California
County of
Subscribed and sworn to(or affirmed) before me on this 02 day of h
20 09 by cke14... 1-cU\cl tCt
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature (Notary seal)
D.RAIDY
COMM.#1607219 m
N) ra Notary Public-California N
W • , ORANGE COUNTY -`
My Comm.fxp.Sept 17,2009
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