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Home My WebLink AboutC29340 - Citywide Tree Pruning Contract No. C29340 CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AWARD CONTRACT NO. C29340 FOR THE CITYWIDE TREE PRUNING PROGRAM TO TREE RITE OF BERMUDA DUNES, CALIFORNIA, IN THE AMOUNT OF $34,374.50 (PROJECT NO. 932-10) SUBMITTED BY: Mark Greenwood, P.E., Landscape Manager Janet M. Moore, Director of Housing CONTRACTOR: Tree Rite 78-755 Darby Road Bermuda Dunes, CA 92203 DATE: February 25, 2010 CONTENTS: Agreement Proposal Recommendation By Minute Motion, City Council and the Housing Authority Board: 1. Award Contract Number C29340 for the Citywide Tree Pruning Program to Tree Rite of Bermuda Dunes, California, in the total amount of $34,374.50 (City $27,294.50 and Housing Authority $7,080.00); 2. Authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $3,437.45 (City $2,729.45 and Housing Authority $708.00); and 3. Authorize the Mayor/Chairman to execute the agreement. 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; and for the Housing Authority, funds are set aside in the 2009-10 Housing Authority operating budget. Commission Recommendation The Housing Commission reviewed the recommendation at its regular meeting of February 10, 2010. Staff will provide a verbal report upon request. Background 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 Friday, January 29, 2010, at 9:00 a.m., sealed bids were opened and read aloud, with the following bids received: Staff Report Contract No. C29340 Award Contract No. C29340 to February 25, 2010 Page 2 of 2 r '� Kio�9l�` i� �� 13#� ��uh�4f�N7rutli [C@`', 9 ov; Tree Rite Bermuda Dunes, CA 34,374.50 Tree Elements, Inc. Yorba Linda, CA 39,940.33 Liberty Landscaping, Inc. Riverside, CA 40,688.00 Davey Tree Surgery Company Livermore, CA 46,922.00 West Coast Arborists, Inc. Anaheim, CA 48,337.75 United Pacific Services, Inc. La Habra, CA 50,319.85 Trimming Land Co., Inc. South Gate, CA 50,926.55 Mariposa Landscapes, Inc. Irwindale, CA 59,866.00 Arborwell San Marcos, CA 68,648.50 Thrifty Tree Service, Inc. Reseda, CA 69,998.10 Staff has reviewed Tree Rite'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 Rite of Bermuda Dunes, California, in the total amount of $34,374.50 (City $27,294.50 and Housing Authority $7,080.00); authorize a 10% contingency in the total amount of $3,437.45 (City $2,729.45 and Housing Authority $708.00), and authorize the Mayor/Chairman to execute the agreement. Fiscal Analysis 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; and for the Housing Authority, funds are set aside in the 2009-10 Housing Authority operating budget. Prepared by: Depart ' - • H. pe cer K ,ii t, Landscape Manager Mark Greenw..d, P.E. Director of P..lic Workss, / u� d�G„/ L `�i� � • _ " ATV- . Moore, Director of Housing J , cCarthy, ACM ' uA/Housing dIA/(///(// Paul ibson, Finance Director Ap royal: • J n . Wohlmuth, ity nager/Executi Dire or AGREEMENT CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-10 CONTRACT NO. C29340 This AGREEMENT is made and entered into this 25th day of February 2010, by and between City of Palm Desert/Palm Desert Housing Authority hereinafter called "OWNER," "CITY," or "AGENCY" and Tree Rite, hereinafter called "CONTRACTOR." WITNESSETH RECITALS: 1. CONTRACTOR has submitted to CITY its contractor's proposal for the construction of CITY'S Project, CITYWIDE TREE PRUNING Program - Project No. 932-10, in strict accordance with the contract documents identified below, and CITY 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 Instructions to Bidders; (d) the 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. 1, 2, and 3 ; (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 the documents they shall likewise be deemed incorporated. Page 1 AGREEMENT - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-10 CONTRACT NO. C29340 2. That CONTRACTOR shall commence the work within ten (10) 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, be it the CITY or the CONTRACTOR, should be entitled to a reasonable sum for attorney 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 CITY, 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 Page 2 AGREEMENT - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-10 CONTRACT NO. C29340 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: Tree Rite Title: Printed name Signature (to be notarized) FOR CITY BY: ATTEST: CINDY FINERTY RACHELLE D. KLASSEN MAYOR/CHAIRMAN CITY CLERK/SECRETARY Palm Desert, California Palm Desert, California APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY Page 3 CONTRACTOR'S PROPOSAL SUBMISSION FORM CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-10 CONTRACT NO. C29340 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 Notice Inviting Bids; 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 work described in the specifications. The unit cost for all tree pruning work shall be indicated. QUANTITY UNIT COST TOTAL COST SUBTOTAL for CITY Tree Pruning 691 $ 34 '( s= $ SUBTOTAL for HOUSING Tree Pruning 118 $ 6o $ Lgo TOTAL FOR ALL TREE PRUNING 809 $j / Co pany Name Company Address 6 0) - -7a- 3 6-7 6 (760) ,77 = (POS.- Cnt) 7 -3g? / Office Phone p ` Cell Phone Fax f 201e,-'� jA bom)rv)c'`�%� !� tioC o/`, / Ci;vGhCid.r Bid Pr pared By Title 7 Signattre Date al er1" �Q+c.--�r �,v� .7d0' t-75.- t/g'5 Contact Person Cell Phone Page 8 r. 1 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-10 CONTRACT NO. C29340 INFORMATION REQUIRED OF BIDDER In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: (1) Company Name and Address l r,ee ,- l er (v cl c..-- 1)t4 K) G (2) Telephone No. C-760) -1 -7,a" 76 (3) Type of Firm (Individual, Partnership or Corporation) 60,,po rc 4 (4) Corporation organized under the laws of the State of Cca.( �f.-►; (5) Contractor's License No./A-C,L-ii-AZ.g 9)i Exp. Date 6 - o-- 1 U (6) List the names and addresses of all owners of the firm or names and titles of all officers of the`` corporation: 6-r e 6-r'.'1TerS MGi wcf y; ?kr-Fiver 1 1.-155- y 71' l 'erra.t k.. ��w•�-� L c r-e Y s;..4. t t,a r t /44,1� S(—�11 0 A- teas C r e • � - r�r f P�P v 17, ;0, c Vac)c) I (7) Number of years experience as a tree pruning contractor 10 yeiztS (8) Number of years experience with municipal tree contracts S y, ,S (9) I.S.A. Certified Arborist Number G E5-66yA Exp. Date 1g-3t'- I1 (10) Number of ISA Certified Tree Workers with the organization `G" Page 9 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-10 CONTRACT NO. C29340 (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 1. $ j'-I1, O -Thee pi tdivi 11- `� ,,t-- Hoc; Ho Po P.,ent 1;1ci%,2o A g1 ,5s 3yU_sS�t 2. $ ( 22iO4// e ?1,414.1) -' Oel j�►L, G-Cif clielii ioc I'Uci. br. i3LU be5 ciq -1-76 __ 1u7 3. $ IS i iaS 'Tree pru e4,1 -1 6 6 C 4.c i 1 - .b esc4-t -73 is-to Cr w'c'v-,-= -6^ �'alvs� ?VA-c?ti (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: AI[) A/C License Number: Address: Telephone: Work to be performed: Page 10 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-10 CONTRACT NO. C29340 (13) List the nar of the person who inspected the site of the proposed work for your firm ILA JAI (14) CONTRACTOR hereby swears under penalty of perjury that the information provided i true and correct. • By: Title: t) o.J /1il.unic,7 r°'r Signature Contractor THIS AREA INTENTIONALLY LEFT BLANK Page 11 CONTRACTOR'S PROPOSAL SUBMISSION FORM-CONTINUED CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM PROJECT NO.932-10 CONTRACT NO.C29340 AFFIDAVIT OF NON—COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) • CI 4- S" , being first duly sworn, deposes and says that he/she is of i , 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: ��--�' Pce5I i71 1 fila411 P4ner Signature(CONTRACTOR) Title(CONTRA d7SR)-1 Jurat Certificate State of California ) ) County of ) Subscribed and sworn to (or affirmed)before me on this °- day of -..tittctivry (month), at9 1 O (year),by air ry A.r;,f"tikex-5 , proved to me on the basis of satisfactory evidence to belie person0 who appeared before me. Signature of Notary (Seal of Notary) M.STOJANOVIC �` COMM.#1791517 NOTARY PUBLIC•CALIFORNIA RIVERSIDE COUNTY K Commission Expires FEB.18,2012 - Page 12