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DATE:
COUNCIL AGENDA REPORT
FEBRUARY 27, 2007
MEETING DATE: 3/5/07
ITEM NO:
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: PROJECT 06-33 - TREE PRUNING AND REMOVAL
A. ADOPT RESOLUTION DECLARING VALLEY CREST TREE CARE
SERVICES TO BE THE LOWEST RESPONSIBLE BIDDER ON THE
PROJECT AND AWARDING A TREE PRUNING AND REMOVAL
CONTRACT IN THE AMOUNT OF $32,890.
B. AUTHORIZE STAFF TO ISSUE CHANGE ORDERS TO THE
CONTRACT UP TO AN AMOUNT OF $5,000.
RECOMMENDATION:
1. Adopt Resolution declaring Valley Crest Tree Care Services to be the lowest responsible
bidder on the project and awarding a Tree Pruning and Removal contract (Exhibit A) in
the amount of $32,890.
2. Authorize staff to issue change orders to the contract up to an amount of $5,000.
BACKGROUND:
The Town of Los Gatos has an annual tree pruning and removal contract to supplement Town
tree crews in keeping the trees in the Town's public right-of-way trimmed and pruned. For FY
2006/07, approximately 288 trees in various sections of the Town are scheduled for pruning or
removal. Bids for the Tree Pruning and Removal Project were received by the Parks
Superintendent on February 26, 2007. The following contractors submitted bids for this project:
Valley Crest Tree Care Services $32,890
TruGreen Arbor Care $40,650
PREPARED BY:
KEVIN ROHANI
Interim Director of Parks and Public Works
NAB&E\COUNCIL REPORTS\06-33.tree.pruning.awd..doc
Reviewed by:Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROJECT 06-33 - TREE PRUNING AND REMOVAL
FEBRUARY 27, 2007
The low bidder has successfully completed contract tree pruning for other public agencies and is
fully capable of performing the work required for the Town's project. Staff has carefully
analyzed the bids, checked the low bidder's references, and has determined that the bid
submitted by Valley Crest Tree Care Services is responsive to the Town's solicitation dated
February 9, 2007.
DISCUSSION:
For projects under $100,000, the Town's informal bid process does not require public
advertising and the preparation of a complete set of plans and specifications for a project. This
informal bid process allows staff to prepare a scope of work, solicit bids from minimum of three
(3) contractors, and award the contract to the lowest responsible bidder. The Town uses this
process for small and uncomplicated projects.
It is recommended that the Council adopt the attached Resolution that would declare Valley
Crest Tree Care Services to. be the lowest responsible bidder on the project and award a tree
pruning and removal contract to this company in the amount of $32,890.
It is recommended that the Council authorize staff to execute future Change Orders to the
contract up to an amount of $5,000. Given the variables associated with this type of work, staff
should be able to manage this project and the change order amount is adequate to cover the cost
to remove or prune any additional hazardous trees identified by staff or the Contractor during the
course of the work or any unforeseen circumstances that may arise that may exceed the contract
amount. The tree pruning and removal work is anticipated to start in April 2007.
CONCLUSION:
Staff recommends that the Council accept the staff recommendations noted above.
ENVIRONMENTAL ASSESSMENTS:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Sufficient funds are available in the Fiscal Year 2006/07 Parks Program operating budget in
Account 5020-61115 to cover both the base contract and recommended change order amounts.
AttnrhmPntc-
Resolution declaring Valley Crest Tree Care Services as the lowest responsible bidder (with
Exhibit A) Tree Pruning and Removal Contract
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE AWARD AND EXECUTION OF CONTRACT WITH
VALLEY CREST TREE CARE SERVICES
FOR PROJECT 06-33 - TREE PRUNING AND REMOVAL
WHEREAS, bids were sought in conformance with State and Town law for
Project No. 06-33 - Tree Pruning and Removal; and
WHEREAS, Valley Crest Tree Care Services submitted the lowest bid which the
Town Council deems to be responsive to the Town's solicitation dated February 9, 2007.
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Los Gatos that Valley Crest Tree Care Services declared to be the lowest responsible bidder for
Project No. 06-33 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 $32,890.
BE IT FURTHER RESOLVED, that staff is authorized to execute future change
orders, as necessary, up to an amount of $5,000.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of March, 2007 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
CONTRACT
THIS AGREEMENT is between the Town of Los Gatos (hereinafter referred to
as "Owner") and Valley Crest Tree Care Services (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
#06-33 - 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 (thirty two thousand eight hundred and ninety dollars), $32,890,
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 within Sixty (60) working days of
Contractor's receipt of the Notice to Proceed.
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 2 years from the date of recording of the Notice of Completion.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day
of , 2007.
TOWN OF LOS GATOS, by:
Debra J. Figone, Town Manager
RECOMMENDED BY:
Kevin Rohani, Interim Director
Parks and Public Works
APPROVED AS TO FORM:
Orry P. Korb, Town Attorney
ATTEST:
by: Valley Crest Tree Care Services
(Signature)
(Print Name)
(Address)
(City, State, Zip)
Jackie Rose, Clerk Administrator
(Contractor's License Number)