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HomeMy WebLinkAbout1997-05-12 City Council (10)City of Palo Alto City Manager’s Report TO: FROM: AGENDA DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS May 12, 1997 CMR:228:97 AWARD OF CONTRACT TO THE DAVEY TREE EXPERT COMPANY FOR STREET. TREE .TRIMMING PROJECT REOUEST This is a request for approval of a contract with The Davey Tree Expert Company in the amount ’of $71,325 for street tree pruning and removal. RECOMMENDATIONS. Staff recommends that Council: 1.Approve and authorize the Mayor to execute the attached contract with The Davey Tree Expert Company in the amount of $71,325 for the Street Tree Project. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with The Davey Tree Expert Company for related, additional but unforseen work which may develop during the project, the total value of which change orders shall not exceed $7,132. EXECUTIVE SUMMARY This report provides Council background on a proposed project to prune street trees in an area bounded by Boyce Avenue, Channing Avenue, Newell Road, and San Francisquito Creek. Severely declined or hazardous trees will be removed. Work will begin this spring and proceed in a manner to minimize traffic and residential impacts. It is expected the work will take 4 months to complete. POLICY IMPLICATIONS There are no policy implications related to this report.- CMR:228:97 Page I of 3 PROJECT DESCRIPTION Staffhas surveyed all of the City trees in the work area (Attachment B). Many of these trees have heavy end weights, deadwood, or are low over the traffic lanes and are a safety concern to both vehicles and pedestrians. In addition, approximately 30 trees are severely declined or have such serious structural problems that they will be removed. The work to be performed under the contract includes pruning of approximately 935 trees, and removal of approximately 30 trees and 4 stumps. Work will begin with bid item number 1 (trees on Martin Avenue) and continue through the balance of the 14 bid items (Attachment C). All pruning, removal, and stump grinding will be done as encountered to minimize recurring disruptions to individual residents. The residents at the addresses where a tree is being removed will be notified in advance of the removal. Bid PrQeess Notice Inviting Formal Bids (NIFB) for the Project were mailed on March 28, 1997 to 8 contractors. The bidding period was 21 calendar days. A mandatory pre-bid meeting was held on April 10, 1997; 5 contractors attended the meeting~ Bids were received from 4 qualified contractors on April 22, 1997, as listed on the attached summary (Attachment A). Bids ranged from a highof$178,612.50 to a low of $71,325. The contractor not responding indicated that they did not submit a bid because "they did not have enough labor to do this short term job." Staff has reviewed all bids submitted and recommends that the bid of $71,325 submitted by The Davey Tree Expert be accepted and that The Davey Tree Expert Company be declared the lowest responsible bidder. The bid is 28 percent below the Engineer’s estimate of $100,000. Staff checked the references supplied by The Davey Tree Expert Company for its previous work and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that The Davey Tree Expert Company has an active license on file. FISCAL IMPACT Funds are budgeted for tree maintenance in the 1996-97 Public Works Operations Division budget. CMR:228:97 Page 2 of 3 ENYIRONMENTAL ASSESSMENT There is no Environmental Assessment required for this agreement. ATTACHMENTS Attachment A - Bid Summary Attachment B - Map of Work Area Attachment C - Bid Item Street List Attachment D - Contract PREPARED BY: Stephen Scott, Coordinator, Public Works Operations DEPARTMENT HEAD REVIEW: _ CITY MANAGER APPROVAL: GLENN ROBERTS Director of Publie Works Assistant City Manager eMit:228:97 Page 3 o[ 3 ATTAC~IMENT A AREA i7 STREET TREE PROJECT Li-ICA TI.FIN f,’IAP Cit.~ of Palo Alto APPRMVED BY, PE NO. DATE: DRAVING NB ! ATTACHMENT C LIST OF BID ITEMS 4. 5. 6. 7. 8. 9. 10. IL 12. 13. 14. Martin Avenue Pitman Avenue Forest Avenue Channing Avenue Dana Avenue West Crescent Drive Lincoln Avenue " Hamilton Avenue EastCreseentDrive, Maple Street, Southwood Drive, Somerset Place Center Drive Palm Street Boyce Street Addison Avenue Fife Avenue FORMAL CONTRACT City of Palo Alto CONTRACT (Public Works Operations) This Contract, 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 Company, DQ.=O.L~ ~ ("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 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. i - - : : o ~ _ - ==-_. 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:- __- :.----" _-:_- Base Bid:$71,325 Add Alternates (if any): Total Bid:~- .....$71,325 : . This Contract shall consist of the documents set forth below, which are onrilewith the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of ~recedence, 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:1 of 8Public Works FormalContract (Street Tree Project # 9.5574) (5197) FORMAL CONTRACT City of Palo Alto CJ~:~t:~:k~. 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 timeset 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. ~. 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 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. o ~L~llBJ:I~,~.~B. Contractor agrees to protect, defend, indemnify and hold City, its Council 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 anything 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. " . 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, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission CITY of PALO ALTO: Public Works Formal Contract (Street Tree Project # 95574) (5/97)2of8 FORMAL CONTRACT City of Palo Alto St of City or any of its Council members, officers, employees, agents or representatives. ~Y.O.[. 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. 10. --, _" -- -i :-:. -. Contractor shall comply with allLaws 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. J~[l~. 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.B~z~=~ltatJoJ3Land Warra_llti~. 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: b= Any materials and equipment which shell be used during the course and scope of the Project and Work shall be vested in Contractor; - Any materials end equ!pment 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 materiels ere required; Any labor and services rendered end materials and equipment used or employed.during the course and scope of the Project end 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 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 (Street Tree Project # 95574)(5197)3of8, FORMAL CONTRACT City of Palo Alto 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; ~. 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, resolutipns, certifications, and other written information as maY be requested of Contractor by City from time to time during the term of this Contract; Contractor and any person performing iabor 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 12. 13. Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. ~ionment. 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. - :_ - -: :’. 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 withir~ 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. ~LdJILbN_.~. 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. J~glJ£,~. 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) personal~y served, (2) r sent by the United States mail, postage prepaid, (3) sent by private express delive.ry 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 deliveryof a hard copy of the material s~ent 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 Formal Contract (Street Tree Project # 95574) (5/97)4of 8 ’ FORMAL CONTRACT City of Palo Ait0 ToCity:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:city of Palo Alto Department of Public Works 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 TEL" 415) 496-6974 FAX: (415) 852-9289. ATTN: David Sandage, Project Manager To ContractoF.The Davey Tree Expert Company 1055 Commercial Court San Jose, CA 95112 TEL: (408) 453-3389 FAX: (408) 453°2940 ATTN: Mike Weber 16. 17. ~j~_roodation of Citv 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 wdting 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. b= Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s beilee; 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 pa~ty 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 consenL d= 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. Definitions. The definitions and terms set forth in Section I of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. CITY of PALO .ALTO: Public Works Formal Contract (Street Tree Project # 95574) (5/97)5of8 " FORMAL CONTRACT City of Palo Alto 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. go jo 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 SectJon 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 wdtten 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 wdting 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 anyprovision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. no Status of Contractor. In the exemise 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 dghts and benefits accorded or accruing to the CityCouncil 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 lasL 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. go 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 Distdct of California in the City of San Jose. CITY of PALO ALTO: Public Works Formal Contract (Street Tree Project # 95574) (5/97)6of8 . - FORMAL CONTRACT City of Palo Alto Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or adsing out of this Contract may recover its reasonable 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 AIto,.County of Santa Clara, State of California on the date first stated above. ATTEST:CITY OF PALO ALTO By: CityClerk Its: Mayor APPROVED:CONTRACTOR: City Manager Name: Director of Public Works Title: Director of Administrative Services Taxpayer !.D. No. Manager, Contract Administration APPROVED AS TO FORM: Senior Asst. City Attorney CITY of PALO ALTO: Public Works Formal Contract (Street Tree Project # 95574) (5197)7 of 8 FORMAL CONTRACT .City of Palo Alto CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) S:I’ATE OF COUNTY OF On ~, before me, public in and for said County, personally appeared , a notary 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 hislherltheir 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. END OF SECTION CITY of PALO ALTO: Public Works Formal Contract (Street Tree Project .# 95574) (5/97)8 of 8