HomeMy WebLinkAbout1998-01-12 City Council (13)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
6
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JANUARY 12, 1998 CMR:110:98
SUBJECT:AWARD OF CONTRACT TO THE DAVEY TREE EXPERT
COMPANY FOR FY 1997-98 TREE AND STUMP REMOVAL -
PHASE 2
RECOMMENDATION
Staff recommends that Council approve and authorize the Mayor to execute the attached
contract (Attachment C) with The Davey Tree Expert Company in the amount of $100,000
for FY 1997-98 tree and stump removal.
DISCUSSION
Project Description
The work to be performed under the contract includes the removal of dead and dying trees
and stumps throughout the City. The work also includes, when necessary, the grinding of
excessive surface roots outside the limits of work for tree and stump removal.
Staffhas identified 140 trees and stumps for removal. Additional trees and stumps will be
identified for removal during the life of the contract and will be compiled into subsequent
removal lists. Each new list will include approximately 100 trees and stumps.
Trees and stumps will be removed at a cost of up to, but not exceeding, the $100,000 contract
amount. The cost of the removals will be in accordance with Bid Schedule A (Attachment
B) submitted by The Davey Tree Expert Company as part of its bid.
Bid Process
Invitations for Bid (IFB) were mailed on December 5, 1997 to eight contractors. The bidding
period was 25 days because the scope of work is routine and the City has bid similar projects
over the past 15 years. A mandatory pre-bid meeting was held on December 18, 1997; three
bidders attended the meeting. Bids were received from two qualified contractors on
December 30, 1997, as listed on the attached bid summary (Attachment A). Bids ranged
from a high of $79,040 to a low bid of $73,595.
CMR:110:98 Page 1 of 2
Staffhas reviewed all bids submitted and recommends that the low bid of $73,595 (for the
removal work of List 1 and for 50 crew hours of surface root grinding) submitted by The
Davey Tree Expert Company be accepted and that The Davey Tree Expert Company be
declared the lowest responsible bidder. The bid is significantly higher than the staff estimate
of $41,250, which was based on the prior contractors bid pricing. Due to the volume of work
being done by contractors at this time of year coinciding with public concern for an
extremely wet winter keeping the contractors’ workload high, the bids were significantly
higher than in the past. Due to these conditions, staff believes that the bids received are
reasonable and competitive and recommends proceeding with the award, of contract.
The Davey Tree Expert Company has successfully completed five contracts for the City in
the past 18 months. Staff also checked with the Contractor’s State License Board and found
that the contractor has an active license on file.
RESOURCE IMPACT
Funds for this project are included in the FY 1997-98 Public Works Department Trees
budget.
POLICY IMPLICATIONS
The award of this contract is consistent with existing City policies.
ENVIRONMENTAL REVIEW
This project is categorically exempt fi’om the provisions of California Environmental Quality
Act and no further environmental review is necessary.
ATTACHMENTS
A - Bid Summary
B - Bid Schedule A
C - Contract
PREPARED BY: Eugene F. Segna, Coordinator, Public Works Operations
DEPARTMENT HEAD REVIEW: ~ ,~. ~~--~--~,~,. ,,,/ GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: ’HA SON
Assistant City Manager
CMR:110:98 Page, 1 of 2
ATTACHMENT A
PART 11 -BIDDER’S BID PAGES
BID SCHEDULE A
SECTION 3OO
ATTACH[4ENT B
BID
ITEM
10.
11.
12.
13.
14.
15.
TREE
DIAMETER*
9"° 12"
13"- 16"
17" - 20"
21 " - 24"
25" -.28"
29" - 32"
33" - 36"
37" - 40"
41" - 44"
45" - 48"
49" - 52"
53" - 56"
57" - 60"
STUMP
0-1FT
(A)
s
STUMP/TRUNK
I FT- 15FT
(B)
$ qoo
STUMP/TRUNK
16FT- 35 FT
(c)
HOURLY RATE PER 2 PERSON CREW FOR ADDITIONAL ROOT GRINDING
COMPLETE TREE
INCL. STUMP
(D)
s B,~oO
s ~qCx)
COMPLETE TREE
NO STUMP
Rounded to near~st inch.
OF PALO’AL’I"0: Bid Pages IFB i~i1~16)’SECTION 300-4
ATTACHMEI~
FORMAL CONTRACT
CONTRACT No.
(Public Works)
SECTION 500
This Contract, number dated , is entered into by and between the City of Palo
Alto, a chartered city and a municipal corporation of the State of California ("City") , and The Davey Tree Expert
~oml3anv , an Ohio corporation, ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of ExecQtion of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier
termination of this Contract. This Contract may be terminated for convenience by the City upon teh (10)
days’ prior written notice.
o General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants,
terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally
described as follows:
Title of Project:
Total Bid:
Total Contract:
1997-98 Tree and Stump Removal - Phase 2 - Project No. 102307
$73,595.00
$100,000.00
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City
Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies
are set forth in
a.
b.
C.
d.
e,
f.
g.
h.
I.
j.
k.
I.
between and among the provisions of this Contract, these documents and the provisions thereof
the following descending order of precedence.
This Contract.
Notice Inviting Formal Bids.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Affirmative Action Guidelines and Compliance Report.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
CITY OF PALO ALTO: Public Works Formal Contract ( FY 97-98 Tree & Stump Removal - Phase 2)SECTION 500-1 OF 8
FORMAL CONTRACT
4.
SECTION 500
Compensation In consideration of Contractor’s performance of its obligations hereunder, City shall pay
to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract
and upon the receipt of written invoices and all necessary Supporting documentation within the time set
forth in the Contract Specifications and the Standard Drawings and Spedifications (1992), or, if no time
is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of
insurance coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts
as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s
personal property or the personal property of any person performing labor or services or supplying materials
or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with
original endorsements affecting coverage required under this Contract on or before the Date of Executiom
The certificates and endorsements for each insurance policy shall be signed by a person who is authorized
by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager
to the address set forth in Section 15 of this Contract.
!.ndemnification. Contractor agrees to protect, defend, indemnify and hold City, its Counoil members,
officers, employees, agents and representatives harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in
part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a
result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any.
part thereof, or which arises from Contractor’s failure to do anyth.ing required under this Contract or for
doing anything which Contractor is required not to do under this Contract, or which arises from conduct
for which any Law may impose strict liability on Contractor in the performance of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions
of City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations
under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising,
in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or
omissions under this Contract, under the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. § §9601-6975, as amended); the Resource Conservation and Recovery Act (42
U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as
amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code,
§§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100-
25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code,
§ §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health &
Safety Code, § §25280-25299.7, as amended); or under any other local, state or federal law, statute or
ordinance, or at common law.
=
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to
the property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
CITY OF PALO ALTO: Public Works Formal Contract ( FY 97~98 Tree & Stump Removal - Phase 2)SECTION 500-2 OF 8
FORMAL CONTRACT SECTION 500
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver
by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this
Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the
same or any other provision, nor shall any custem or practice which may arise between the parties in the
administration of any part or provision of this Contract be construed to waive or to lessen the right of City
to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions
of this Contract.
Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire
underwriters or other similar body now or hereafter constituted, with any discretionary license or permit
issued pursuant to any Law of any public agency or official as well as with any provision of all recorded
documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the
Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and
hazardous materials.
10.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before
the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the
Notice Inviting Formal Bids.
11.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor
and services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials
are required;
Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1)
year after the recordation of the Notice of Substantial Completion, or, if no such notice is required
to be filed, on the date that final payment is made hereunder;
do Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained
by Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon
request, whether or not submitted under a continuing obligation by the terms of the Contract to
do so, is true and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard
tO the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting
Formal Bids;
CITY OF PALO ALTO: Public Works Formal Contract ( FY 97-98 Tree & Stump Removal - Phase 2)SECTION 500-3 OF 8
FORMAL CONTRACT SECTION 500
g.Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the persor~ or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influen~ce with the purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other written information as may be requested of Contractor by City
from time to time during the term of this Contract;
ko Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Professions Code Section 7028, as
amended; and
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
12.Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
13.Claims of Contractor. All claims pertaining to extra work, additional cl~arges, or delays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by
certified or registered mail within ten (10) Days after the claim arose or within such other time as may be
permitted or required by law, and shall be described in sufficient detail to give adequate notice of the
substance of the claim to City.
14.
15.
Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s
Project-related and Work-related writings and business records, as such terms are defined in California
Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or,
if Contractor has no such hours, during the regular business hours of City.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders,
consents, designations, notices, offers, requests and statements given by either party to the other shall
be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2)
sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the
case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular
business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the
material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall
include, without limitation, service by delivery and service by facsimile transmission.
CITY OF PALO ALTO: Public Works i:~rmal Contract ( FY 97-98 Tree & Stump Removal- Phase 2)SECTION 500-4 ~1= 8
FORMAL CONTRACT SECTION 500
To City:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Public Works Department
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Phone: (650) 496-6905
FAX: (650) 852-9289
ATTN.: David Sandage, Project Manager
The Davey Tree Expert Company
1055 Commercial Court
San Jose, CA 95112
Phone: (408) 453-3389
FAX: (408) 453-2940
ATTN.: Mike Weber
16.
17.
Appropriation of.City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter
of the City of Palo Alto. Any charges hereunder for labor, services, materials and.equipment may accrue only
after such expenditures have been approved in advance in writing in accordance with applicable Laws. This
Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for
a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the
event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant such
approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with ~he Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications
(1992) of this Contract are incorporated herein by reference.
CITY OF PALO ALTO: Public Works Formal Contract ( FY 97-98 Tree & Stump Removal - Phase 2)SECTION 500-5 OF 8
FORMAL CONTRACT SECTION 500
e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a superior
governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be refer#ed to in any duly executed amendment
hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other
stipulation in the Contract shall define or otherwise control, establish, or limit the performance required
or permitted or to be required of or permitted by either party. All provisions, whether covenants or
conditions, shall be deemed to be both covenants and conditions. -"
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf of
Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of dghts and obligations under this Contract, Contractor acts as an
independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any
rights and benefits accorded or accruing to the City Council members, officers or employees .of City, and
Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to
and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation
of time hereunder, the time in which an act is to be performed shall be computed by excluding the first
Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or
any Day observed as a legal holiday by City, the time for performance shall be extended to the following
Business Day~
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such
action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City
of San Jose or in the United States District Court for the Northern District of California in the City of San
Jose.
~c~(F~ -- SECTION 500-6 OF 8
FORMAL CONTRACT SECTION 500
q.Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or
arising out of this Contract may recover its ~easonable costs, including reasonable attorney’s fees,
incurred or expended in connection with such action against the non-prevailing party.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in
the city of Palo Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO ALTO
CityClerk
APPROVED:
By:
Its: Mayor
CONTRACTOR:
City Manager
By:
Name:
Director of Public Works Title:
Director of Administrative Services
Manager, Contract Administration
(insurance review)
APPROVED ASTO FORM:
Senior Asst.. City Attorney
Taxpayer I.D. No.:
CITY OF PALO ALTO: Public"Wor’ks Formal Contract | FY 97-98 Tree & Stump Removal - Phase 2)SECTION’" 500-7 OF 8
FORMAL CONTRACT SECTION 500 .
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On , before me,
for said County, personally appeared
, a notary public in and_
personally known to me (or proved to me on the basis Of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
END OF SECTION
8CITY OF PALO ALTO: Public Works Formal Contract ( FY 97-98 Tree & Stump Removal - Phase 2) - OF 8