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08 Staff Report - Tree Pruning and Removal DATE: COUNCIL AGENDA REPORT JANUARY 9, 2009 MEETING DATE: 1120/09 ITEM NO. TO: FROM: 􀁍􀁁􀁙􀁏􀁒􀁁􀁎􀁄􀁔􀁏􀁗􀁎􀁃􀁏􀁕􀁎􀁃􀁾 GREG LARSON, TOWN MANAGER SUBJECT: PROJECT A09-l6 -TREE PRUNING AND REMOVAL A. ADOPT RESOLUTION DECLARING TRUGREEN LANDCARE TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARDING A TREE PRUNING AND REMOVAL CONTRACT IN THE AMOUNT OF $44,440.05. B. AUTHORIZE STAFF TO ISSUE CHANGE ORDERS TO THE AGREEMENT UP TO AN AMOUNT OF $35,000. RECOMMENDATION: 1. Adopt Resolution declaring TmGreen Landcare to be the lowest responsible bidder on the project and awarding a Tree Pruning and Removal contract (Exhibit A) in the amount of $44,440.05. 2. Authorize staff to issue change orders to the contract up to an amOLmt of$35,000 for additional unanticipated, or emergency tree work. This additional work will be subject to the rate schedule submitted by TruGreen Landcare that was included with the base bid. BACKGROUND: The Town of Los Gatos is responsible for maintaining approximately 18,000 trees within the public right-of-way, parks, and civic grounds. Major tree trimming and removal functions have historically been contracted out to limit the liability associated with this type of work and to achieve an overall cost savings tlu'ough the use of contractual services. Additionally, the Town does not have access to all necessary equipment for larger scale tree trimming/removal type projects. Conh'acting out larger projects allows the Town staff to be more responsive to the smaller to medium sized projects that typically require a more ilmnediate response. The Deparhnent ofParks and Public Works has approximately $82,000 in funding available to perfOllli contractual h'ee services for the remainder ofthis fiscal year. It was originally anticipated that the work required at the four sites identified in the original (base) bid (Laurel PREPARED BY: ToddCapurso-... (GO\.'; 􀁾 Director of Parks and Public Works Reviewed by: g)C'f..ssistant Town Manager Attomey $-Finance Clerk Administrator __Community Developm entPAGE 2 JANUARY 9, 2009 􀁍􀁁􀁙􀁏􀁒􀁁􀁎􀁄􀁔􀁏􀁗􀁎􀁃􀁏􀁕􀁎􀁃􀁾 SUBJECT: PROJECT A09-16-TREE PRUNING AND REMOVAL Avenue, Overlook Road, Pennsylvania Avenue, and North Santa Cmz Avenue) would require nearly this entire amount of this funding to perform the work. However, the three bids received were all substantially lower than the original estimate, allowing the Town the opporhmity to have additional tree work services perfOlmed. The lowest of these bids, from TmGreen Landcare, is approximately $35,000 below the estimate. As part of the quotation process, staff also requested that each contractor provide lmit pricing that could be used to fund additional unanticipated or emergency work, in the event that bids were to come in below the estimate. DISCUSSION: The informal bid process for contracts lmder $100,000 requires staff to solicit bids from a minimum of tln'ee (3) contractors. Tln'ee (3) Bids for work at four specific sites were received on December 22, 2008. The bid summaIy is attached for review. The lowest responsible bidder, TruGreen LaIldcare, has performed work for the Town of Los Gatos in recent years as well as in neighboring public agencies and has a favorable track record. It is recommended that the Council adopt the attached Resolution declaring TruGreen Landcare to be the lowest responsible bidder, and award a contract in the amount of $44,440,05. As paIt of the bid process, staff also requested itemized unit pricing for additional unanticipated or emergency tree work for various types of work above and beyond the 143 trees identified in the base bid. Because of the lower thaII expected base bid results, it is recommended that additional work be designated by the Town and performed as change order work to this project as well. Staffhas evaluated this lUlit pricing and found TruGreen Landcare's pricing to be cost-effective for performing additional work during the term ofthis contract. It is recommended that the Council authorize staff to execute change orders to the contract up to an amOlmt of$35,000 to cover the additional cost ofremoving or prmling hazardous trees identified by staff, and for after hours/emergency work required to supplement Town staff resources, CONCLUSION: Staff recommends that the Council accept the staff recommendations noted above. ENVIRONMENTAL ASSESSMENTS: This is not a project defined under CEQA, aIld no further action is required. FISCAL IMPACT: Sufficient funding exists in the adopted FY 2008-09 Operating aIld Capital Budget for Parks and Public Works. PAGE 3 JANUARY 9,2009 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT A09-l6 -TREE PRUNING AND REMOVAL Available Expendedl Approved Budget Encumbered Contract FY 2008/09 Fiscal Impact Funding To Date Amount Program 5301-62364 $ 100,000 $ 17,083 $ 79,440 TOTALS $ 100,000 $ 17,083 $ 79,440 Attachments: Resolution including TmGreen contract (Exhibit A) Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE AWARD AND EXECUTION OF CONTRACT WITH TRUGREENLANDCARE FOR PROJECT A 09-16 -TREE PRUNING AND REMOVAL WHEREAS, bids were sought in conformance with State and Town law for Project No. A-0916-Tree Pruning and Removal; and WHEREAS,TruGreen Landcare submitted the lowest bid which the Town Council deems to be responsive to the Town's solicitation dated November 19, 2008. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town ofLos Gatos that TruGreen Landcare is declared to be the lowest responsible bidder for Project No. A 09-16 and that the Town Manager is authorized to execute a contract (attached as Exhibit A) for said project on behalf ofthe Town in the amount of$44,440.05. BE IT FURTHER RESOLVED, that staff is authorized to execute future change orders as necessary up to an amount of $35,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of January, 2009 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: 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 TrnGreen Landcare (hereinafter referred to as "ContractOT"). Owner and ContractOT, fOT the consideration hereinafter named, agree as follows: A. SCOPE OF WORK Contractor shall :finnish all materials and perfonn all of the work for the constmction of Project# A 09-16 -Tree Pruning and Removal in accOTdance with the Contract Documents. B. CONTRACT PRICE As full compensation for furnishing all matelials and fOT doing all the work contemplated and embraced in this Contract, also fOT all loss or damage arising out of the nature ofthe work aforesaid, or from the actions of the elements, OT from any unfOTeseen difficulties OT obstmctions which may mise or be encolUltered in the prosecution of the WOTk until its acceptance by Owner, and for all risks of evelY description connected with the Work, also fOT all expenses incurred by OT in consequence of the suspension OT discontinuance of work, and for well and faithfully completing the WOTk, and the whole thereof, in the maImer and according to the Conh'act Docmnents, Owner shall pay (forty four thousaIld four hlUldred forty dollars aIld five cents), $44,440.05, which shall supersede any other amount specified in the Contract Docmnents. C. CONTRACT DOCUMENTS All rights and obligations of Owner and Contractor are fully set forth and desclibed in the Contract Documents. All parts ofthe Contract Documents are intended to be correlated so that any work called fOT in one part and not mentioned in the other, or vice versa, is to be executed the Sallle as if mentioned in all said docmnents. D. BEGINNING OF WORI( Following the execution of this Contract and the approval ofbonds and insurance policies and certificates, Owner shall issue a Notice to Proceed with the WOTk. Commencing work OT the entrmlce of equipment or materials on the site ofthe Work by Contractor before receipt of the Notice to Proceed is at the sole risk and expense of Conh'actor, and the Contractor shall be fully liable for any dalllage OT injury sustained by Owner OT third persons resulting therefrom. E. TIME OF COMPLETION The Work called for herein shall be fully completed by June 30, 2009. F. CORRECTION OF WORKAFfER 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 peliod of 1 year fi'om the date of recording ofthe Notice ofCompletion. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day of _______, 2009. TOWN OF LOS GATOS, by: Greg Larson, Town Manager RECOMMENDED BY: Todd Capurso Director of Parks aud Public Works APPROVED AS TO FORM: OITYP. Korb, Town Attomey ATTEST: Jackie Rose Clerk Administrator TruGreen Landcare, by: (Signature) (Flint Name) (Address) (City, State, Zip) (Contractor's License Number) Town ofLos Gatos Parks and Public Works Department Tree 􀁐􀁲􀁵􀁮􀁩􀁮􀁬􀀰􀀡􀀡􀀡􀀺􀁾􀁒􀁥􀁭􀁯􀁶􀁡􀁬 Project # A09-16 ---t-----j----I----------t-----I-.-----I Informal Bid Process RFP: December 22,2008 1 􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀽􀀺􀀺􀀺􀁯􀀽􀀺􀀻􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀀭􀀭􀀭􀀫􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀀢􀁅􀀩􀀧􀀭􀀧􀁲􀀩􀀬􀀤􀁩􀁭􀁾􀀡􀀧􀁦􀀤􀁭 frH;'-':-: TruGreen Land Care The Professional Tree Care Co. Bartlett Tree Experts , BaseWOrk;';;!;!;!;!"W'W',iii 2000 Oakland Rd. P.O. Box 2377 15015 Los Gatos Blvd _ _-'_"''',;,;;,,,, ,",,San Jose, CA 95131 Berkeley CA, 94702 Los Gatos CA, 95032 􀁾 ..','''',;;,;" """1Ii,"'·"." 􀁴􀁴􀁥􀀧􀁾􀁬􀁜􀁬􀁏􀀢􀀧􀁾􀁃􀁡􀁉􀁙􀁐􀁴􀁵􀁳􀀨􀁌􀁾􀁾􀀻􀀻􀁉Ave) 􀀢􀀢􀀢􀀢􀀧􀁑􀁩􀀱􀁾􀁾􀁦􀁩􀁴􀀱 􀀧􀀻􀁕􀀧􀁩􀀡􀀡􀁾􀁬􀁴􀀱􀀧 􀀺􀀬􀁾􀀧􀁛􀀻􀁾􀁾􀁾􀁾􀀻􀁾 􀀧􀁴􀁲􀁾􀀻􀀻􀀻􀁥􀀻􀁾􀁾� �􀀻􀁾􀁑􀁾􀁩 􀁴􀁲􀁾􀁾􀁴􀀭􀀺􀁥􀁾􀁻􀁾􀁯􀁾􀁑􀁾􀀻 􀁕􀁾􀁩􀀱􀁴􀀺􀀧􀀺􀀻􀁥 􀁾􀁴􀀻􀁾􀀻􀁯􀁾􀁑􀀻􀀻 2 Eucalyptus (Overlook Rd.) 20 􀁅􀁁􀀢􀀧􀀱􀁩􀀻􀁏􀁏􀁾􀁉􀁏􀀮􀁏􀀮􀀧􀀻􀀧􀀬􀀧􀀬􀀢􀁩􀀲􀀰􀀻􀁏􀁏􀁏􀀱􀁬􀀰􀁑􀀢􀀬􀂷 543.50 10,870.00 700.00 14,000.00 655.20 13,104.00 3 Live Oaks (357 Pennsylvania Ave) 2 EA ",'"iSQO;;OP"i"i"i i';;l1';6PQiPo"'," 350.00 700.00 490.00 980.00 540.00 1,080.00 4 Sycamore (North Santa Cruz Ave) 90 EA 1';;;, VU 178.00 16,020.00 200.00 18,000.00 156.09 14,048.10 I;;;,;;;", 'i'i '"0100 0.00 0.00 0.00 ".'i'i. 1"1I""i1l COMBINED PROJECT TOTAL lillW,,! .'i,,!"i1l I $44,440.05 I $54,680.00 $47,342.05 1 Additional Work Items Requested 1(,,;1855 II 􀁾􀁴􀁡􀁮􀁡􀁡􀁲􀁡 J-funlng I ree Kanglng 1 from 0' to 20' 1 EA 190.00 75.00 90.00 to 135.00 IClass II Standard fJrunlng Tree Kanglng 2 from 21' to 40' 1 EA 250.00 165.00 No Bid 1l,.;18SS II 􀁾􀁴􀁡􀁮􀁡􀁡􀁲􀁡 )-runlng I ree Kanglng 3 from 40' and Above 1 EA 375.00 440.00 No Bid 4 Tree Removal Tree Ranging from 0' to 20' 1 EA 200.00 175.00 No Bid 5 Tree Removal Tree Ranging from 21' to 40' 1 EA 600.00 600.00 No Bid ree Kemoval I ree Kanglng Tram 40' and 6 Above 1 EA 1,000.00 1,500.00 No Bid I=-c---,---------.. -.--. _.__1_ 1 1 ...._ .. -1 +---__ __.' ..._. 􀁾 __ This 􀁣􀁥􀁲􀁴􀁩􀁦􀀮􀁩􀁥􀁳􀁟􀀡􀀡􀀡􀁾􀁟􀁾􀁾􀁢􀁩􀁤􀀮􀁾􀁟􀁷􀁥􀁲􀁥 􀀡􀁥􀁣􀁥􀁬􀁾􀁥􀁤􀁟􀁾􀁮􀁤 􀁯􀁰􀁥􀁮􀁾􀀮􀁾 011 􀁑􀁾􀁣􀁥􀁭􀁢􀁥􀁲 22, 2008, and 􀁾􀁾􀁴 􀁴􀁨􀁩􀁾..􀁩􀁾 􀀮􀁾􀀮 copy of the _._1... .__ ----J .._. .n_ ... r--"--bid tabulation with bids corrected for errors in addition & multiolication. Bv: I Steve Regan I I CRB'@CtJME-1\tcapurso\LOCALS-1\Temp\XPgrpwise\A09-16.tree.pruning.removal.8idsum dec2208.xls