2009122112DATE:
TO:
FROM:
SUBJ ECT:
MEETING DATE: 12/21/09
ITEM NO.
)••
COUNCIL AGENDA REPORT
DECEMBER 8, 2009
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
PROJECT A09-26 - TREE PRUNING AND REMOVAL PROJECT
A. ADOPT RESOLUTION DECLARING TRUGREEN LANDCARE TO
BE THE LOWEST RESPONSIBLE BIDDER AND AWARD A TREE
PRUNING AND REMOVAL CONTRACT IN AN AMOUNT NOT TO
EXCEED $51,760.
B. AUTHORIZE STAFF TO ISSUE CHANGE ORDERS TO THE
AGREEMENT IN AN AMOUNT NOT TO EXCEED $53,240.
C. AUTHORIZE USE AND A $10,000 REVENUE INCREASE IN GFAR
FROM THE PARK-IN-LTFU — NORTH SIDE PARKING LOT DEPOSIT
ACCOUNT 411-24107.
D. AUTHORIZE $10,000 OPERATING TRANSFER FROM GFAR TO
GENERAL FUND'S STREET & SIGNAL PROGRAM TREE SERVICE
ACCOUNT.
RECOMMENDATION:
1. Adopt a Resolution declaring TruGreen LandCare to be the lowest responsible bidder on the
project and award a Tree Pruning and Removal contract (Exhibit A) in an amount not to
exceed $51,760.
2. Authorize staff to issue change orders to the agreement in an amount not to exceed
$53,240.
3. Authorize use and a $10,000 revenue increase in GFAR from the Park -in -lieu —North Side
Parking Lot deposit account 411-24107.
4. Authorize $10,000 operating transfer from GFAR to General Fund's Street & Signal program
Tree Service account.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Q S_ Assistant Town Manager k Town Attorney
Clerk Administrator ijez,Finance
Community Development
N:\PPW\MANAGEI'IENT\COUNCIL\COUNCIL REPORTS\2009 reports\December 21\A09-26.tree.pruning.award.doc
PAGE 2
DECEMBER 8, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT A09-26 - TREE PRUNING AND REMOVAL PROJECT
BACKGROUND:
At the regular Town Council meeting held November 2, 2009, the Town Council approved plans
and specifications and authorized staff to advertise for bids the annual Tree Pruning and Removal
project. Staff identified tree trimming in five primary areas (East Main Street, North Santa Cruz,
Los Gatos Blvd, North Side Parking Lot, and Oak Meadow Park) to be included in the scope of
work for the proposed contract.
The adopted FY 2009/10 Operating Budget designates funding for Tree Trimming. The
Department of Parks and Public Works has $100,000 in available funding with which to perform
annual contractual tree trimming and associated services. Additionally, a budget transfer in the
amount of $10,000 from the Park -in -lieu North Side Parking Lot account to the Streets and
Signal program will occur to fund supplementary tree trimming work in the North Side parking
lot.
DISCUSSION:
The fouiial bid process for contracts over $100,000 requires staff to advertise plans and
specifications and solicit bids from a minimum of three contractors. Five bids for work were
received on December 2, 2009. The bid summary is attached for review (Attachment 2).
It was anticipated the work required at the five sites identified in the original (base) bid would
require nearly the entire amount of the above -described funding to perform the work. However,
of the five bids received, three were lower than anticipated, thus giving the Town the opportunity
to obtain additional tree trimming and services. In the event that bids were below staff estimate,
and as part of the bid process, staff also required each contractor to provide unit pricing that
could be used to fund additional preventive tree trimming work. Additionally, this contract could
also be used to provide a pricing structure for unanticipated or emergency work.
The lowest of the bids received was from TruGreen LandCare and is approximately $34,500
below the original staff estimate. TruGreen LandCare has a favorable work history with the
Town of Los Gatos in recent years, as well as in neighboring public agencies.
CONCLUSION:
Staff recommends the Town Council adopt a Resolution declaring TruGreen LandCare to be the
lowest responsible bidder and award a tree pruning and removal contract in an amount not to
exceed $51,760. Staff further recommends the Town Council authorize staff to execute change
orders to the contract in an amount not to exceed $53,240 to provide for additional tree trimming
work as well as unanticipated or emergency work during periods of inclement weather.
PAGE 3
DECEMBER 8, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT A09-26 - TREE PRUNING AND REMOVAL PROJECT
CONCLUSION (cont'd):
Finally, staff recommends the authorization of a transfer in the amount of $10,000 from the Park -in -
lieu North Side Parking Lot Account to the Streets and Signal Program, and a budget adjustment in
the amount of $10,000 to the Streets and Signals Program 5401-62364.
ENVIRONMENTAL ASSESSMENTS:
Tliis is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Funds are available in the developer deposit account for the $10,000 operating transfer from GFAR.
There are also sufficient funds available in the Street & Signal Program operation budget to satisfy
the proposed contract and future change orders.
Attachments:
1. Resolution declaring TruGreen LandCare to be the lowest responsible bidder on the project and
awarding a Tree Pruning and Removal contract (Exhibit A) in an amount not to exceed $51,760,
and authorizing staff to execute future change orders in an amount not to exceed $53,240.
2. Bid Summary
Attachment 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A TREE PRUNING AND REMOVAL CONTRACT WITH
TRUGREEN LANDCARE
FOR PROJECT A-09-26 - TREE PRUNING AND REMOVAL
WHEREAS, bids were sought in conformance with State and Town law for Project No. A-09-
26- Tree Pruning and Removal; and
WHEREAS, TruGreen LandCare submitted the lowest bid which the Town Council deems to
be responsive to the Town solicitation dated December 2, 2009.
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos
that TruGreen LandCare is declared to be the lowest responsible bidder for Project No. A 09-26 and
that the Town Manager is authorized to execute a contract (attached as Exhibit A) for said project on
behalf of the Town in an amount not to exceed $51,760.
BE IT FURTHER RESOLVED that staff is authorized to execute future change orders as
necessary in an amount not to exceed $53,240.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 21st day of December, 2009 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to as "Owner"
and TruGreen LandCare (hereinafter referred to as "Contractor"). Owner and Contractor, for the
consideration hereinafter named, agree as follows:
A. SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of
Project# A-09-26 - Tree Pruning and Removal in accordance with the Contract Documents.
B. CONTRACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated and
embraced in this Contract, also for all loss or damage arising out of the nature of the work
aforesaid, or from the actions of the elements, or from any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the work until its
acceptance by Owner, and for all risks of every description connected with the Work, also for all
expenses incurred by or in consequence of the suspension or discontinuance of work, and for
well and faithfully completing the Work, and the whole thereof, in the manner and according to
the Contract Documents, Owner shall pay (fifty -one -thousand seven -hundred and sixty dollars),
$51,760, which shall supersede any other amount specified in the Contract Documents.
C. CONTRACT DOCUMENTS
All rights and obligations of Owner and Contractor are fully set forth and described in the
Contract Documents. All parts of the Contract Documents are intended to be correlated so that
any work called for in one part and not mentioned in the other, or vice versa, is to be executed
the same as if mentioned in all said documents.
D. BEGINNING OF WORK
Following the execution of this Contract and the approval of bonds and insurance policies and
certificates, Owner shall issue a Notice to Proceed with the Work. Commencing work or the
entrance of equipment or materials on the site of the Work by Contractor before receipt of the
Notice to Proceed is at the sole risk and expense of Contractor, and the Contractor shall be fully
liable for any damage or injury sustained by Owner or third persons resulting therefrom.
E. TIME OF COMPLETION
The Work called for herein shall be fully completed by June 30, 2010.
F. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects due to faulty materials and/or workmanship and pay for
any damages to other work and/or existing facilities resulting therefrom which shall appear
within a period of 1 year from the date of recording of the Notice of Completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of
, 2009.
TOWN OF LOS GATOS, by: TRUGREEN LANDCARE, by:
Greg Larson, Town Manager (Signature)
RECOMMENDED BY:
(Print Name)
Todd Capurso (Address)
Director of Parks and Public Works
APPROVED AS TO FORM: (City, State, Zip)
Orry P. Korb, Town Attorney (Contractor's License Number)
ATTEST:
Jackie Rose
Clerk Administrator
The Professional Tree Care Co.lP.O. Box 2377
Berkeley CA, 94702
I Item Cost I
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972 Newhall Street
ISan Jose CA,
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179.30
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825 Maybury Road
ISan Jose CA. 95133
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!This certifies that all bids were received and opened on December 2, 2009, and that this is a copy of the --
bid tabulation with bids corrected for errors in addition & multiplication. By: Steve Regan]
Engineers Estimate
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Tree Pruning and Removal Project # A09-26
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Bid Process: December 2, 2009
Base Work
Description
Phase I North Santa Cruz Ave
Phase II College Avenue
Phase III Oak Meadow Park
Phase IV Kennedy Road
Phase V North Side Parking Lot
Phase V North Side Parking Lot
Additional Work Items Requested
Class II Standard Pruning Tree Ranging
from 0' to 20'
Class II Standard Pruning Tree Ranging
from 21' to 40'
Class II Standard Pruning Tree Ranging
from 40' and Above
Tree Removal Tree Ranging from 0' to 20' -J
Tree Removal Tree Ranging from 21' to 40'
Tree Removal Tree Ranging from 40' and
Above
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