07 Staff Report - Project 4-15 Tree Pruning and Removal
7 DATE: COUNCIL AGENDA REPORT FEBRUARY 11, 2004 MEETING DATE: 2/17/04 ITEM NO. TO: FROM: SUBJECT: TOWN MANAGER PROJECT 4-15 -AWARD OF CON RACT FOR TREE PRUNING AND REMOVAL A. DECLARE
TRUGREEN LANDCARE TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT B. AWARD CONTRACT! TO TRUGREEN LANDCARE IN THE AMOUNT OF $10,952.00. C. ADOPT RESOLUTION AUTHORlZING TOWN' MANAGER
TO EXECUTE CONTRACT WITH TRUGREEN LANDCARE D. AUTHORlZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO AN AMOUNT OF $4,000 RECOMMENDATION: 1. Declare Trugreen Landcare to be the
lowest responsible bidder on the project. 2. Award contract to Trugreen Landcare in the amount of$10,952.00. 3. Adopt Resolution authorizing Town Manager to execute contract with Trugreen
Landcare. ' 4. Authorize staff to execute change orders to the contract up to an amount of$4,000. DISCUSSION: Sealed bids for Project No. 04-15, Tree Pruning and Removal, were received
and opened by the Town Clerk on February 11, 2004 at3:00 P. M. Two (2) bids were received and are summarized as follows: BIDDER ADDRESS BID Trugreen Landcare 2000 Oakland Road -#6144,
San Jose, CA $10,952.00 Davey Tree and Lawn 1055 Commercial Court, San Jose, CA $20,786.00 PREPARED BY: J. HN E, CURTIS rector o[Parks and Public Works Reviewed by: V,
\SAssistant Town Manager Attorney __. _ _ ,_Community Development Revised: 2/11/04 3:35 pm J Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\04-15.prune.pruning.award.wpd
PAGE 2 SUBJECT: PROJECT 04-15 -AWARD OF CONTRACT FOR TREE PRUNING AND REMOVAL FEBRUARY 11,2004 Trugreen Landcare, the lower bidder has successfully
completed contract tree pruning for other public agencies and appears capable ofperforming the work required for the Town's project which involves pruning and/or removal of 148 trees,
as directed by the Parks and Forestry Superintendent. A contingency amount of$4,000 is recommended by staffto provide funds to remove or prune arty additional hazardous trees identified
by staff or the Contractor during the course of the work. CONCLUSION: Staffhas carefully analyzed the bids, checked the low bidder's references, and has determined that the bid submitted
by Trugreen Landcare is responsive to the Town's sblicitation dated January 21, 2004. . Consequently, it is recommended that the Council declare Trugreen Landcare to be the lowest responsible
bidder on the project; that the Council award the attached contract to this firm in the amount of $10,952.00, and that the Council adopt the attached Resolution authorizing the Town
Manager to execute the contract on behalfofthe Town. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $4,000 Jor
the reasons stated above. ENVIRONMENTAL ASSESSMENTS: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Sufficient funds exist in the adopted
FY 03-04 Park Services Budget in Account 5020-61115 to cover both the base contract and recommended change order amounts. Attachments: Resolution authorizing Town Manager to execute
contract (with Exhibit A).
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE AWARD AND EXECUTION . OF CONTRACT WITH TRUGREEN LANDCARE FOR PROJECT NO. 04-15 -TREE PRUNING AND REMOVAL
WHEREAS, bids were sought in conformance with State and Town law for Project No. 04.15, Tree Pruning and Removal; and WHEREAS, Trugreen Landcare submitted the bid which
the Town Council deems to be responsive to the Town's solicitation dated January 21,2004. NOWTHEREFORE, BE IT RESOLVED by the Town Council ofthe Town ofLos Gatos that Trugreen Landcare
is declared to be the lowest responsibIe bidder for Project No. 04-15 and that the Town Manager is authorized to execute a contract (attached as Exhibit A) for said project on behalf
of the Town in the amount of$10,952.00. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 2004 by the following vote.
COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT
I 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 0 f the work for the construction 0 f Project #0415
-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 ofthe nature ofthe work aforesaid, or from the actions of the elements, or from any unforeseen difficulties or which
may arise or be encountered in the prosecution ofthe work until its acceptance by Owner, and for all risks of every description connected with the Work, also for all expenses incurred
by orin 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 ten thousand nine hundred an fifty two dollars ($10,952.00), 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. The Contract Documents are defined in Part I,
Section 1-1.01 (A) of these Specifications and are incorporated herein by reference the same as though set out in full. 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 ofequipment or materials on the
site ofthe Work by Contractor before receipt ofthe 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 within the time limit set forth in the Special Conditions.
Exhi bit A
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 of2 years from the date of recording of the Notice ofCompletion. G. LIQUIDATED DAMAGES The undersigned
has reviewed and is thoroughly familiar with the appropriate sections of the Contract and Part T, Section of these Specifications pertaining to liquidated damages. IN WITNESS
WHEREOF, the parties hereto have executed this Agreement as of day of ,2004. TOWN OF LOS GATOS, by: Debra J. Figone, town Manager RECOMMENDED BY: John E. Curtis Director of Parks and
Public Works APPROVED AS TO FORM: Orry P. Korb, Town Attorney ATTEST: Marian V. Cosgrove, Town Clerk by: Truegreen Landcare (Signature) (Print Narne) (Address) San Jose, CA (City, State,
Zip) (Contractor's License Number)