HomeMy WebLinkAbout1998-04-13 City Council (13)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER
4DEPARTMENT: PUBLIC WORKS
DATE:APRIL 13, 1998 ~CMR:192:98
SUBJECT:INCREASE ADDITIONAL AUTHORITY TO CONTRACT # C4045515,
ARBOR TREE SURGERY, INC. FOR LINE CLEARANCE TREE
TRIMMING REQUIREMENTS
RECOMMENDATION
Staff recommends that Council authorize the City Manager or her designee to approve a
contract change order adding an additional $182,570 for contract tree trimming services to
clear power lines in F¥ 1997-98 and an additional $125,000 forFY 1998-99, contingent
upon approval of the F¥ 1998-99 budget,
BACKGROUND
The Califomia Public Utilities Commission (PUC) recently made a significant change to
General Order 95 for tree trimming, which requires operators of utilities in California to
maintain an 18-inch minimum clearance between trees and supply conductors of 750-22,500
volts (the previous requirement was 6 inches). Utilities Department staff conducted a survey
of the power lines and found that a significant number of trees were not in compliance with
General Order 95. In addition, Public Works Department~ tree management staff also
observed a marked increase in tree growth due to two winters of significant rainfall in
combination with warmer winter temperatures and a longer-than-normal growing season.
Tree management staffprojects that the increased growth will continue through at least this
next growing cycle (Spring/Summer 1998). Subsequent growth levels will depend upon
rainfall amounts and winter temperatures preceding those growing seasons. Given the
amount of rainfall experienced during this winter’s storms, increased growth for
Spring/Summer 1998 will occur.
DISCUSSION
Tree management staffhas begun.an aggressive approach to reduce the large number of trees
that require trimming, and in preparation for anticipated rains from El Nifio. Several
additional contract crews have been added to reduce the current backlog of trees in the power
lines, and outages due to tree limbs falling during heavy February rains were effectively
eliminated. Additional trimming services are required above the authorized amount for both
this fiscal year and FY1998-99.
CMR:192:98 Page 1 of 2
ALTERNATIVES TO STAFF RECOMMENDATION
Staff could rebid the project showing the additional amount of trimming required. Staff will
be rebidding the project within the next fiscal year for another six year period, or two three-
year contracts. Rebidding the project now would not be cost effective. Prices for this fiscal
year were bid five years ago and will increase when the project is rebid.
RESOURCE IMPACT
Staff is recommending that an addition,~l $182,570 be added to the existing $475,000
contract for the remainder of this fiscal year; and that $125,000 be added to the next fiscal
year’s contract, increasing it to $600,000. Funds for this project for 1997-98 are available
through a midyear adjustment made to the 1997-98 Public Works Department operating
budget. Staff recommends Council authorize execution of subsequent year authority
contingent upon Council approval of the budget for FY1998-99. The General Fund will be
reimbursed by the Utilities Electric Fund. ’
POLICY IMPLICATIONS
This report does not represent any change to existing City policies. Authorizing the
additional contract authority will allow the City to comply with recent law changes enacted
by the State of California Public Utilities Commission.
ENVIRONMENTAL REVIEW
CategoricallY exempt from California Environmental Quality Act.
ATTACHMENTS
Contr.act
PREPARED BY: Michael Jackson, Deputy Director of Public Works
DEPARTMENT HEAD:
GLENN S. ROBERTS
CITY MANAGER APPROVAL: "
EMILY HARRISON
Assistant City Manager
CMR: 192:98 Page 2 of 2
PART II - FORMAL CONTRACT
CONTRACT
SECTION 00500
This Contract, dated ~f._.-~,b~k¢ ~-~; !~ "~ is entered into by and between the City of Palo
Alto, a municipal corporation of the State of California ,("City") , and Arbor Tree Surgery., Inc,
..... a California Corporation , ("Contractor"), whose
Taxpayer Identification Number is 95-2758224
For and in consideration of the following covenants, terms and conditions, City and Contractor (".the
parties") agree:
Term. This Contract shall commence on, and be binding on the parties on, the Date of Execution 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.
General Scope of Proiect 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 cove-
nants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is
generally described as follows:
Title: Line Clearing Cont’-act
Base Bid: $ 3,640,676.58
No.: 45515
Add Alternates (if any): $ 0
Total Bid $ 3,640,676,_58
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 between the provisions of this Contract, these documents
and the provisions thereof are set forth in t.he following descending order of precedence.
f.
g.
h.
i.j.
k.
I.
The Contract. ..
Notice Inviting Formal Bids.
Contract Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond and Labor and "Materials 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: Formal Contract (Sample} NIFB (10/92)SECTION OO5OO-1
PART II - FORMAL CONTRACT SECTION 005¢.
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 Specifications (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 properb/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 Execution. 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.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council
members, officers, and employees 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 or negligent act or omission 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 anything required under th
Contract or for doing anything which Contractor is required not to do under this Contract, or which
arises from conduct for which any Law imposes strict liability on Contractor in the. performance of or
failure to perform the terms and conditions of this Contract, except as may arise from the sole willful
or negligent act or omission of City or any of its City Council members, officers, or employees. This
indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any
construction, renovation, or remodeling work performed by Contractor under this Contract at any time
during the term of this Contract, or arising thereafter.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of Io.ss, 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, excepting such loss, injury, ordamage as may be caused by the sole willful or negligent act
or omission of City or any of its City Council members, officers, or employees.
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 custom 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.
CITY of PALE) ALTO: Formal Contract (Sample) NIFB (10/92)SECTION 00500-2
PART
9.
10.
11.
II - FORMAL CONTRACT SECTION 00500
.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.
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.
Represe.ntations 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:
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Any materials and equipment which shall be used during the course and scope of the Project
ana Work shall be vested in Contractor;
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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;
Any manufacturer’s warranty obtained by Contractor shill be obtained or shall be deemed
obtained by Contractor .for and on 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 submit-ted 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 pertained by the
Notice Inviting Formal Bids; ~
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 person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence 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;
CITY of PALO ALTO: Formal Contract (Sample) NIFB (10/92)SECTION 00500-3
PART~II - FORMAL CONTRACT SECTION 0051
There are no unresolved claims or disputes between Contractor and City which would
materially affect Contractor’s ability to perform under the Contract;
12.
13.
14.
15.
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other w~kten information as may be requested of Contractor by
City from time to time during the term of this Contract;
Contractor and any person performing labor and services under this Project is duly licensed as
a contractor with 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.
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.
Claims of Contractor. All claims pertaining to extra work, additional charges, 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 suffi.cient detail to give adequate
notice of the substance of the claim to City.
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 parry 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 parry 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.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
CITY of PALO ALTO: Formal Contract (Sample) NIFB (10/92}SECTION 00500-4
PART II -FORMAL CONTRACT SECTION 00500
Copy to:City of Palo Alto
Depa~ment of Public Works - Operations
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(415) 3~9. 496-6905
FAX: (415) ~£~- 852-9289
To Contractor:
ATTN: .l~t--M~-f-e~.-P-r~e~ David Sandage
Arbor Tree Surgery, Inc.
802 Paso Robles Street
Paso Robles, CA 93446
16,
17.
(805) 239-1239
FAX: 8(.~1 239-3742
A3-FN: Matthew J. Ennis
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 1 6 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 the Laws of the State of California.
CITY of PALO ALTO: Formal Contract (Sample) NtFB (10/92)SECTION 00500-5
PART !1 - FORMAL CONTRACT SECTION 005C
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Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1972) of this Contract are incorporated herein by reference.
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 referred 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 par~ies 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 t~
performance requ!red or permitted or to be required of or permitted by either parry. All
provisions, whether covenants or conditions, shall be deemed to be both covenants and
conditions.
ko 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 on 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 ful! force and effect.
Status of Contractor. In the exercise of rights 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.
CITY of PALO ALTO: Formal Contract (Sample) NIFB (10/92)SECTION 00500-6
PART I! - FORMAL CONTRACT SECTION 00500
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 br~}ught 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.
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 reasonable costs, incl0ding reasonable
attorney’s fees, incurred or expended in connection with such action against the non-prevailing
party.
Alto,
INWITN~ESS WHEREOF, the parties have executed this Contract on the date first above stated in Palo
~rnia,
.,City Clerk
C~
CITY OF PALO ALTO, CALIFORNIA
Mayor
CONTRACTOR: Arbor Tree Surgery
Name: Matthew J. Ennis
Director of Public Works
R~sk ~ager-- -
Title: General Manager, SecretaTy/Treasurer
Taxpayer I.D. No. 95-27.58224
APPROVED AS TO FORM:
Senior Assistant City Attorney
END OF SECTION
;
CITY of PALO ALTO: Formal Contract (Sample) NIFB (10/92)SECTION 00500-7
ACORD.
(20g)228-6446 FAX (209)228-623S
~ndrefni-Parker Insurance Brokers
P O Box 3947
Fresno, CA 93650
Attn: Beverly. Laurence Ext:
~N-~uREb
Arbor Tree Surgery S
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED ~Y THE POLICIES ~ELOW.
COMPANIES AFFORDING CQVERAGE
comPlY Royal Ins
A
USF & G Insurance Company
OMPANY RLI Insurance Company802 Paso Robles Street c
Paso Robles, CA 93446
D
TH~ IS T~IFY THAT }HE POLI~IES b~ INSU~CE LI~ED ~LOW ~ BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P~ER~>&~’
INDICATED. NO~THSTANDING ANY REQUIREMENT, TERM OR COND!~ON OF ANY CO~CT OR OTHER DOCUMENT ~ RESPECT TO ~CH THIS
CERTIFICATE ~Y BE ISSUED OR MAY PERTAIN, THE INSU~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
~CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMES SHO~ MAY HAVE BEEN REDUCED BY PAID C~IMS.
LTR WPE OF INSUI~NCE 1 FOL[CY NIJMBER
GENERAL MABIU.TY ;
"~’"-’ COMMERCfAL GENERALUABILITY
.~.~ CLAIMS MADE ~ X ~ OCCUR¯
’ RST 08417OWNER’S & CONTRACTOR’~ PROT :
X ’ Peszi ctde/Herbi ci d
AUTOMOBILE UABIUTY
X ~NY AUtO
ALL OWNEO AUTOS
SCHEDULED AUTOS
X " HIREO AUTOS
¯ X. NON-0WNEOAUTO$.
¯ X Physical Damage
X $1,000/$1,000 Ded.
GARA@E LIAEIUTY
A~Ny AUTO
!ICP 300289792-01
C
F.XD ES~ LIABILITY
X UMBRELLA FORM ¯ OUL 0027214
OTHER THAN UMBRELLA FORM
WOR~EI~ COMPENSATION AND
¯ EMPLOYERS~ LIABILtT~
¯THE PROPRIETOR/,’ ......’. INCLPARTNERS/EXECuTIVE
i OTHERContractor’s Equipment :’
~CP 300289792-01
POLICY EFFECllVE POLICY EXPIATION
: DATE (MM/DOPfY] DATE (MM/ODi’~f)LIMITS
.0110111998
0110111998
01/01/1998
01/01/1998
:ERT HOLDER, ITS OFFICERS & EMPLOYEES ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS
FO WORK PERFORMED BY THE NAMED INSURED.
TEN DAY NOTICE IF CANCELLED FOR NONPAYMENT OF PREMIUM
CITY OF PALO ALTO
PURCHASING & CONTRACT ADMINISTRATION
250 HAHILTON AVENUE
PALO ALTO, CA 94301
........ , .......... ...... .....
SHOULO ANYOF TKE ABb;~E 0ESGRIBEO FOLtC|ES BE CANCELLED gEtORE THE
EXPIRA’I1ON DATE THEREOF, THE ISSUING COMPANY W~LL ENDEAVOR TO MAIL
~ DAYS W~TTEN NOTICE TO THE CERI~FIGATE HOLDER NAMED TO THE LE~,
BUT FAILURE TO MJUL SUCH NOTICE SHALL ~POSE NO OBLIGAT/ON OR UABIUTY
Or.ANY KIND UP.ON THF~ICOMp.ANY.,ITS AGENTS OR REPRESENTAT1VE~,