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Home My WebLink About1996-01-16 City Council (19)TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Public Works AGENDA DATE: SUBJECT: January 16, 1996 CMR:l10:96 Approval of Contract with Environmental Care, Inc. dba Arbor Care for Tree and Stump Removal Services REQUEST This is a request for approval of a contract for the removal of dead and dying City-owned trees and stumps. RECOMMENDATION Staff recommends that the bid of $42,604.51 (based on estimated workload) submitted by Environmental Care, Inc. dba Arbor Care be accepted, that Environmental Care, Inc. dba Arbor Care, be determined to be the lowest responsible bidder and that the Contract be awarded accordingly in an amount not to exceed $100,000 for actual work to be performed. POLICY IMPLICATIONS This agreement does not represent any change to existing policy. EXECUTIVE SUM-MARY The Public Works Department contracts annually for the removal of dead and dying trees and stumps throughout the City. Over 400 trees were removed in fiscal year 1994-95 and staff anticipates that this rate of removal will continue through this fiscal year. Trees and stumps will be removed at a cost of up to, but not exceeding, the $100,000 budgeted amount. The cost of the tree removals will be in accordance with the attached Schedule A submitted by Environmental Care, Inc. dba Arbor Care as part of its bid. Invitations for Bid (IFB) were sent to fifteen potential bidders. Five potential bidders attended the mandatory pre-bid meeting. Two bids were received. One of the pre-bid attendees, who did not submit a bid, said they currently have too much work and could not accept a job this size. The other two attendees did not respond to calls by staff. The lowest responsible bidder was selected, based on the submitted bid price for the removal of 127 trees identified by City staff (see attached List 1) and on performing 100 crew hours of stump CMR:l10:96 Page 1 of 2 grinding during the course of the fiscal year. Additional trees may be identified for removal by the contractor in excess of the estimated workload upon which the bids were based. FISCAL IMPACT In the event that the anticipated cost of tree removal during FY 1995-96 might exceed the budgeted amount of $100,000 for removal and replanting, it may be necessary to defer additional removals until FY 1996-97. ENVIRONMENTAL ASSESSMENT This project is exempt from CEQA under Section 15301(a) of the CEQA guidelines. ATTACHMENTS 1 -Bid Summary 2 -Schedule A 3 -List 1 4 -Contract PREPARED BY:Stephen Scott, Coordinator, Public Works Projects DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: GLENN S. ROBERTS Director of Public Works BERNARD M. STROJ~g’Y Assistant City Manager CMR:l10:96 Page 2 of 2 SUmmArY and St~mp ~emovN Project BIDDERS NAME Environmental Care, Inc. dba Arbor Care LIST 1 (Initial 144 tree & stump removals) $35,386.51 Cost of 100 hours of stump grinding !$7,218.00 TOTAL $42,604.51 Davey Tree Expert $52,700 00 $4,000.00 $56,700.00 Sheet1 City of Palo Alto Bid: Part.II - Bidders Bid Pages, .-. L_~ Schedule A Item # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 DBH 10-Sep 0-8" 9-10" 11 -12" 13 -14" 15 -16" 17 -18" 19 -2O" 21 -22" 23 -24" 25 -26" 27 -28" 29 -30" 31 -32" 33 -34" 35 -36" 37 -38" 39 -40" 41 -42" 43 -44" 45 -46" 47 -48" 49 -50" 51 -52" 53 -54" 55 -56" 57 -58" 59 -60" 61 -62" 63 -64" 65 -66" 67 -68" 69 -70" 71 -72" 73 -74" Stumps A 0to 1ft. 72.18 72.18 72.18 99.25 99.25 126.32 144.36 ................. 144.3~i 216.54 216.54 216.54 216.54 216.54 216.54 216.541 216.54~ 234.59 252.63 270.68 288.72 306.77 324.81 342.86 360.90 378.95 397.00 415.04 433.09 451.13 469.18 487.22 505.27 541.36 577.45 Stumps" 1 to 15 ft 108.27 108.27 108.27 135.34 135.34 162.41 180.45 180.45 252.63 25,:2.631 288.72 288.72 288.721 324.8!,,,i 324.81i 324.811 378.95! 397.00! 415.041 433.09, 451.13 469.18 487.22 505.27 523.31 541.36 559.40 577.45 595.49 613.54 631.58 649.63 685.72 721.81 Trunk c 16-35 ~ 108.27 108.27 108.27 162.41,,i 162.41 189.4~ 216.54 216.54! 288.721 433.09 433.09 433.09 433.09 433.09, 433.09 433.09 469.18 505.27 541.36 577.45 613.54 649.63 685.72 721.81 757.90 793.99 830.08 866.17 902.26 938.35 974.44 1010.53 1046.62 1082.71 Tree , D & stump 153.38 153.38 153.38 252.63 252.63 252.63 415.o4 415.o4 451.13 451.13 739.85 739.85 739.85 775.95 775.95 775.95 1154.9o 1154.9o 1154.9o 1299.26 1299.26 1299.26 14o7.53 14o7.53 14o7.53 1515.8o 1515.80 1515.80 1624.07 1624.07 ...... 1624.071 1732.34 1732.34 1732.34 35~,Hour!,y rate per crew for additional stump grinding - 2people ,grinder 361 ! Tree E 0nly 36.09 144.36 144.36 180.45 180.45 180.45 270.68~ 270.68’ 306.77i 306.77i 523.311 523.31 523.31 559.40 559.40 559.40 902.26 902.26 902.26 1010.53 1010.53 1010.53 1046.62 1046.62 1046.62 1100.76 1100.76 1100.76 1154.90 1154.90 1154.90 1190.99 1190.99 1190.99 72.18 Page 1 Page No. TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST #i ALPHABETICAL LIST ................ lO/27/95 A R E A HOUSE STREET 18 705 ALESTER 29 I035X ALMA-WEST SIDE 29 1200X ALMA-WEST SIDE 29 1300X AI24A-WEST SIDE S D H P I M I L T T T N E R E SPECIES PRICE T NOTES ~, & 5 6 18 D~ MAGNOLIA $~Y XX 18 E BLACK $[~O, Jf5 N WALNUT XX 16 E ACACIA- $/~L~,qg N DEAD XX 16 E ACACIA- $ l~O.’~>"~ "’N DEAD TWO TRUNKS-12M2, 5TH TREE FROM CORNER OF CHANNING, DYING,(NOT MARKED) ACROSS ALMA FROM 1035 ALMA° WALNUT WITH DEAD TOP. DEAD ACACIA ACROSS ALMA, JUST SOUTH OF INTERSECTION OF MELVILLE° TWO TRUNKS, DEAD TREE. 29 !327X ALMA-WEST SIDE 27 1869X ALMA-WEST SIDE 27 1869X ALMA-WEST SIDE 27 1869X ALMA-WEST SIDE 27 1869X ALMA-WEST SIDE 27 1900X ALMA-WEST SIDE 27 1955X ALMA-WEST SIDE XX 24 E BLACK $ ,~O&.’] ~- NWALNUT XI 14 E EUCALYPTUS SPROUTS X2 14 E EUC $ /gO.~ ~ N SPROUTS FARTHER NORTH X3 8 E BAILEY $ ~.O~ N ACACIA X4 4 E BAILEY $ 5~,¢? N ACACIA XX 12 E XX 20 E EUCALYPTUS $ /~.~. $~ N SUCKERS EUCALYPTUS FLUSH-CUT WALNUT WITH DEAD TOP. CALL CITY INSPECTOR. FLUSH-CUT SPROUTS. CALL CITY INSPECTOR. FLUSH-CUT SECOND CLUMP OF EUC SPROUTS FLUSH-CUT ONLY.CALL CITY INSPECTOR CUT SECOND ACACIA VOLUNTEER TO GROUND LEVEL. CALL CITY INSPECTOR° ACROSS ALMA ST FROM 102 SEALE ST, CUT SUCKERS AND STUMP. CALL CITY IST FLUSH-CUT ONLY° CALL CITY INSPECTOR TO KILL STUMP. Page No. 10/27/95 A R E A HOUSE STREET TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST #I ALPHABETICAL LIST ................ 10/27/95 s I T E D H P M I L T T N R E SPECIES PRICE T NOTES 27 2300X ALMA-WEST SIDE 03 4100X ALMA-WEST SIDE 03 4100X ALMA-WEST SIDE 38 610 ARASTRADERO ( PARK ) i0 699 ASHTON AV 26 885 ASPEN 26 885 ASPEN 23 1989 BARBARA 3 4022 BEN LOMOND 16 947 BOYCE 24 813 BRUCE 29 1160 BRYANT i0 3271 BRYANT 03 384 CALCATERRA XX XX XX 23 S1 1 2 1 $2 2 i0 E BLACK $ I~,56 N ACACIA, DEAD 20 E BLACK ACACIA 8 E BLACK $ $~’,O7 N ACACIA 16 A MULBERRY STUMP 16 D EVERGREEN ELM 21 O PRIVET 20 O PRIVET o oDEsTo ASH 13 D C~OLINA CHE~Y 8 D WALNUT 24 D IRONBARK $ ~5i.15 y EUCALYPTUS 12 A HAWTHORN 18 D LIQUIDAMBR 24 D TULIP $ ~i.I]y TREE IS 40 FT SOUTH OF INTERSECTION OF CALIFORNIA AVE. FLUSH-CUT ONLY. TREE IS OPPOSITE INTERSECTION OF FERNE. FLUSH-CUT ONLY. TREE IS OPPOSITE INTERSECTION OF FERNE AV AND ALMA ST. STUMP IS LOCATED BEHIND FIRE STATION TREE IS ON MIDDLEFIELD RD TREE ON LEFT, NOT MARKED DYING TREE CHECK WITH RESIDENT ABOUT FIREWOOD MARK DEAD TREE, CONTACT RESIDENT STUMP ON KINGSLEY DAMAGE TO D/W AND SEED BALLS ARE HAZARD TO DISABLED RESIDENT, DYING TREE RESIDENT WANTS FIREWOOD Page No.3 10/27/95 A R E A HOUSE STREET TREE AND STUMP REMOVAL CONTRACT REMOVE96oDBF, LIST #i ALPHABETICAL LIST .......... 10/27/95 s I T E D H P M I L T T N R E SPECIES PRICE T NOTES 6 1117 CALIFORNIA 04 1664 CALIFORNIA 20 1062 CARDINAL 20 946 CELIA 18 17 19 851 CENTER (PARK) 1095 CHANNING 1853 CHANNING 4 1180 COLLEGE 24 781 COLORADO 29 940 COWPER 29 1705 COWPER 30 255 DAVENPORT 03 349 DIABLO CT 25 600 E MEADOW (PARK) 25 600 E MEADOW (PARK) 4 1 SII 1 1 $2 1 1 2 1 1 144 196 6 D 16 C LIQUIDAMBR ELM STUMP 9 D BIRCH 20 D ACACIA $ ,~ l~.oq N 14 D 20 A 8 D 12 A 24 D 6 D LIQUIDAMBR $ )&2, qi y BIRCH $ ~.~ LIQUIDAMBR $ 5 5.5% y PLUM S UMP $ Y MAGNOLIA $ 96[.~5 N BIRCH $ I~,3% N 14 A MULBERRY 13 D HOLLY OAK 12 D MAYTEN 24 D MULBERRY $ ~-~[.I.3 y DECLINING TWO STEM TREE TREE WAS TOPPED FOR REMOVAL, TAKE WOOD TO LANDFILL DYING TREE WANTS FIREWOOD RESIDENT WILL REMOVE ROCKS FOR GRINDING DECLINING TREE WANTS FIREWOOD LEANING OVER CHANNING AVENUE DYING TREE ON WEST END. STUMP/ SMALL MACHINE-GET TO FROM HOUSE SIDE OF HEDGE PRIORITY!!! DEAD TERMITES DEAD TREE MIDDLE BIRCH, BETWEEN TWO YOUNG SYCAMORES GRIND STUMP DEAD TREE MOSTLY DEAD MAYTEN UNDER STONE PINES ACROSS FROM HANDBALL COURTS SPLIT MULBERRY WITH CABLE IN STONE PINE PICNIC AREA, NEAR HANDBALL CT Page No.4 10/27/95 A R E A HOUSE STREET TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST #i ALPHABETICAL LIST ....... 10/27/95 s I T E D H P M I L T T N R E SPECIES PRICE T NOTES 600 E MEADOW (PARK) 600 E MEADOW (PARK) 600 E MEADOW (PARK) 600 E MEADOW (PARK) 600 E MEADOW ( PAR K ) 18 1575 EDGEWOOD 06 3000 EL CAMINO REAL 06 3000 EL CAMINO REAL 37 4100 EL CAMINO REAL 13 1402 EMERSON 3505 EVERGREEN 216 223 227 307 46 S1 s2 12 A MAYTEN $ ~ ~, (6 N 14 D MAYTEN $ o’~ 4 5 N 24 D MULBERRY $ ~/5/’. /5 Y 12 D MIMOSA 24 D MAGNOLIA $ ~ ~ [,/5 y 12 A HOLLY OAK $ ~.~@ N 12 A i0 A 12 A 28 D HOLLY OAK $ ~2~ /~ N BRADFORD $ ~ /~ y PEAR STUMP CENTER ISL LIQUIDAMBR $ 7~, I% N T I PUANA TIPU GRIND FLUSH CUT STUMP UNDER STONE PINES NEAREST SAND AREA DECLINING TREE SUPPRESSED BY STONE PINES SPLIT/DECAYED TREE JUST WEST OF STONE PINES BY TENNIS CTSo DEAD TREE NEXT TO 3 SMALL PINES BY SW CORNER OF TENNIS CTSo ROTTEN TRUNK CITY CREW DISPATCH? TREE AT CORNER OF MINI TENNIS CTSo NOTIFY RESIDENT BEFORE REMOVING WANTS FIREWOOD REMOVE FALL95 ON PAGE MILL ROAD SIDE, NEAR INTERSECTION OF EL CAMINO REAL ON PAGE MILL ROAD SIDE, NEAR EL CAMINO STUMP IS IN CENTER ISLAND ACROSS FROM THE ISLAND BAR DYING W/ROTTEN TRUNK BASE REMOVE ASAP CITY CREW STUMP GRIND ONLY DECAYED TRUNK IN CRO~TN Page No.5 lO/27/95 A S R I E T A HOUSE STREET E TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST #i ALPHABETICAL LIST ---10/27/95 D H P M I L T T N R E SPECIES PRICE T NOTES 01 3800 FABIAN 19 24 848 FIELDING 1 15 400 FOREST 1 15 400 FOREST 17 i001 FOREST 20 3136 GENEVIEVE CT 1 55 i00 GENG 40 662 GEORGIA 40 679 GEORGIA 131 ! i 15 601X GILMIuN 5 28 1167 GREENWOOD 1 21 3281 GREER 1 16 440 HALE 3 17 iiii HAMILTON S1 17 1129 HA!4ILTON 3 15 375X HAMILTON 1 33 D 16 D 30 D 3O D 9 A 2O D 16 D 16 D 16 D 42 D 16 D 6 D 6 D 18 A 26 C i0 D SHAMEL ASH $ 7 ~o~5 Y MAPLE $ ~O~Q, U~ Y ARIZONA $. 77q..~ Y ASH ARIZONA $..~.77, $’5 Y ASH MAGNOLIA $ r~,,,8 N STUMP TULIP $ ~/~,01-/ y EUCALYPTUS $Q~D,~SN MAGNOLIA $~.6~ y MAGNOLIA $~$2.&5 y LIVE $i i 57. ?o y i.0 CAROLINA CHERRY HAWTHORN MAGNOLIA STUMP MAGNOLIA PRIVET STORM DAMAGED DEAD TREE--NO WATER CORNER OF WAVERLEY GAS LINE UNDER STUMP- SHALLOW GRIND, NO REPLANT CALL AHEAD TO REMOVE SMALL FENCE- 494-7296 GRIND SMALL HOLE, WILL REPLANT ELSEWHERE. REMOVE ALL STUMP WOOD AND CHIPS FROM SITE NOTIFY RESIDENT BEFORE REMOVAL. RESIDENT WANTS WOOD. TREE NEAREST DRIVEWAY LAST TREE ON HAMILTON COURT SIDE TOPPED MAGNOLIA-ROTTEN BASE DEAD PRIVET ACROSS FROM POST OFFICE NEAR GILMAN ST. Page No. 10/27/95 A R E A HOUSE STREET TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST~ ~i ALPHABETICAL LIST ---10/27/95 s I T E D H P M I L T T N R E SPECIES PRICE T NOTES 28 II00X HOPKINS (IN PARK) 21 3464 JANICE 17 Ii KIRBY LN 25 801 LOMA VERDE 21 21 933 LOMA VERDE 940 LOMA VERDE 12 1661 MARIPOSA 16 400 MARLOWE 25 3009 MIDDLEFIELD 27 425 NEVADA 27 425 NEVADA 28 1313 NEWELL 23 1760 NEWELL 23 1760 NEWELL 258 $2 1 ! 1 1 2 147 30 D 30 D 38 D LIQUIDAMBR $ ~ -~,~iSY 14 D CAROLINA CHERRY 14 D PRIVET $,~O<~’,l~Y 14 D PRIVET $.~ 5~,~5Y 24 D MAGNOLIA $~5/,/5 Y 18 A CHESTNUT $ i~, ~N STUMP 24 D CAMPHOR $,q,,~!.]’~ y (DEAD) 16 D GINKGO $ ~,~y ( FEMALE ) 12 D GINKGO $ i’~3.:~’, N (FE}fALE) DYING OAK IN FRONT OF SCOUT BUILDING. NEED NO PARKING SIGNS IN LOT. NOTIFY A FEW DAYS IN ADVANCE. (MAY BE SOME EXTRA ROOT GRINDING) PRIORITY REMOVAL CENTER OF TREE IS ROTTEN NOTIFY RESIDENT CONTACT RESIDENT--DEAD TREE BEHIND STOPSIGN. DYING PRIVET, NOT MARKED DYING PRIVET, NOT MARKED PROPERTY LINE TREE, NBR: PENNY OLIVER, 853-1932 NO REPLANT TREE STUMP IS IN PARKING LOT BEHIND GAS STATION, AT CORNER OF WALL. DELETE SITE ON EMBARCADERO SIDE, DIED OF ARMILLARIA. TREE ON RIGHT TREE BETWEEN SEWER AND WATER METER Page No.7 10/27/95 A R E A HOUSE STREET TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST #i ALPHABETICAL LIST ...... 10/27/95 S I T E D H P M I L T T N R E SPECIES PRICE T NOTES ii 100X OREGON XWAY 37 4076 ORME 37 4076 OI~E 37 4082 ORME 37 4082 OR!~IE 26 3803 ROSS 19 2085 SANDALWOOD 22 2412 SOUTH CT 22 2815 SOUTH CT i0 656 ST CLAIRE 04 771 STANFORD 21 3315 STOCKTON 20 3100X STOCKTON (PARK) 20 3100X STOCKTON (PARK) 20 3100X STOCKTON (PARK) 1 2 1 2 1 1 1 1 $2 2 41 42 46 12 E 9 D WALNUT $ / P-’),5% 17 D PEPPER $, <~,~,~-~ Y 19 D PEPPER $ ~{~o0~ y 38 D PEPPER 22 D MODESTO ASH 16 D PLUM IO D 19 D TULIP $,,,,,,~ i~,O~1 y 36 D CAMPHOR 8 A ALMOND $ 7~.I~ Y 24 C MODESTO $~,,~ y ASH 3O C 18 A 28 D STONE PINE $ ~_~,O~ y (SPLIT) STONE PINE $ !,~&.~.~ Y STUMP EUCALYPTUS $Y GLOBULUS DEAD EUC JUST Wo OF RAMONA ON SO,SIDE OF OREGON EXPWY FLUSH CUT ONLY WANTS ONLY SOME FIREWOOD. WANTS ONLY SOME WOOD DO NOT LEAVE FIREWOOD MODERATE DiEBACK NO FIREWOOD NOTIFY RESIDENT BEFORE REMOVAL GRIND ROOTS AT NEW PLANTING SITE AT 40 FT (6 FT TO RIGHT MUCH DECAY AT ROOT CROWN ON S/W SIDE PRIORITY ON WELLESLEY ST SIDE CALL TO MOVE CAR: 494-6960 (OWNER WANTS SMALL FIREWOOD. ) SPLIT TREE NEAR BASKETBALL COURT FLUSH CUT STUMP IS ON WEST EDGE OF BASKETBALL COURT NEXT EUC EAST OF CORNER TREE. POOR CONDITION, Page No. 10/27/95 TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST #i ALPHABETICAL LIST ........... lO/27/95 A R E A HOUSE STREET 15 145 TASSO s I T E $3 D H P M I L T T N R E SPECIES PRICE T 24 D CATALPA NOTES TREE IS ON RUTHVEN STREET SIDE, THIRD FROM CORNER. 22 2466 TASSO 27 669 TENNYSON 1 Sl 19 D LIQUIDAMBR $ ~/5.0~y 34 D BLACK $ t f.~., b Y WALNUT SEVERE ROOT PRUNE FROM S/W REPLACEMNT. WANTS FIREWOOD SALVAGE TRUNK FOR LUMBER 21 3330 THOMAS 21 3340 THOMAS ! 1 18 D PRIVET 22 D PRIVET HAUL WOOD AWAY LARGE TREE ON RIGHT 26 877 THORNWOOD 22 661 TOWLE 14 D SOPHORA 36 A BLUE GUM CHECK TREE, MARK IF APPROPRIATE HOURLY GRIND PART OF STUMP JUST BELOW GRADE, WELL TOO CLOSE° i0 695 TOYON 15 156 UNIVERSITY 17 1330 UNIVERSITY $2 2 16 D ELM 14 D 28 D SYCAMORE MAGNOLIA ON MIDDLEFIELD SIDE, (TREE HIT BY POZAS BROS. TRUCKING 7/17/95) DYING SYCAMORE IN FRONT OF 164 UNIVERSITY, IRRIGATION IN TREE WELL TRUNK DECAY CANOPY DIEBACK LARGE WOUND WHERE LIMB BROKE 17 1556 UNIVERSITY 17 1650 UNIVERSITY 1 1 18 D ¯ 22 A MAGNOLIA MAGNOLIA DYING MAG NOTIFY RESIDENT BEFORE REMOVAL DECAYED MAG FLUSH CUT BY CITY CREW 20 2800X W BAYSHORE FRONTAGE 67 24 A PINE STUMP s 2 PINE STUMP BEHND BACKSTOP, CORNER OF AMARILLO/W BAYSHORE FRONTAGE RD Page No.9 lO/27/95 A S R I E T A HOUSE STREET E TREE AND STUMP REMOVAL CONTRACT REMOVE96.DBF, LIST #i ALPHABETICAL LIST ---10/27/95 D H P M I L T T N R E SPECIES PRICE T NOTES 28 187 WALTER HAYS 1 27 1776 WAVERLEY 2 22 2599 WAVERLEY 1 22 2599 WAVERLEY 1 i0 3338 WAVERLEY 1 27 1836 WEBSTER ! 27 1900 WEBSTER 22 2518 WEBSTER ! 4 2234 WELLESLEY 2 4 2234 WELLESLEY 3 22 612 WELLSBURY S1 09 3770 WRIGHT PL 1 20 D LIQUIDAHBR $ ~/5 ~/Y 8 D ENGLISH $ /~=7.~% Y WALNUT 6 A 6 A 12 D 28 D 26 D LIQUIDAMBR $ ~ 2 /~. Y STUMP LIQUIDAMBR $ ~/% Y S TUM P LIQUIDAMBR $ [~3.Oc Y MAGNOLIA $ ~ ~o,~ y 16 D TULIP $ ,~f~, &3 Y 16 D MAGNOLIA $ ~, 6:~_ y lO D MAGNOLIA S 0% Y 6 D PIN OAK $I ~,3~, Y 14 A STUMP $ ~,~ y EXTRA ROOT GRINDING. (TREE HAS WEAK STRUCTURE) LEFT OF DRIVEWAY ON LEFT PROPERTY LINE DYING, WAS SCHEDULED EARLIER PRIORITY REMOVAL--VERY DECLINED DYING CAMPHOR ON WEBSTER NEXT TO D/W ~ARK,MEASURE & NOTIFY DEAD TREE DECLINED, LARGER MAG DECLINED MAG. BE CAREFUL OF GROUND COVER, MAKE A MIMIMUM SIZE HOLE CALL RESIDENT ABOUT MOVING FLOWERS: 493-3996 FORMAL CONTRACT SECTION 00500 CONTRACT (Public Works) 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 Environmental Care, Inc. dba Arbor Care , a California 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 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 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:Tree and Stump Removal Base Bid:$ 420604.51 Add Alternates (if any): $ N/A Total Bid: $ 42,604.51 NO.: # 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 and among the provisions of this Contract, these documents and the provisions thereof are set forth in 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 (w/HAZMAT) (10/95)SECTION 00500-1 of 8 FORMAL CONTRACT SECTION 00500 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 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. Indemnification. 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. §§960.1-6975, 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, 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. CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-2 of 8 FORMAL CONTRACT SECTION 00500 o 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. 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; b°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; Co d° 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 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; 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 person or persons authorized to bind Contractor; CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-3 of 8 FORMAL CONTRACT SECTION 00500 12. 13. 14. 15. ho 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; jo 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; 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. Assiqnment. 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 sufficient 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 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. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 CITY of PALO ALTO: Public Works Formal Contract(w/HAZMAT) (10/95) SECTION 00500-4 of 8 FORMAL CONTRACT SECTION 00500 Copy to: To Contractor: City of Palo Alto Department of Public Works 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 (415) 496-6954 FAX: (415) 852-9289. ATTN: Stephen Scott, Project Manager Environmental Care. Inc. dba Arbor Care 825 Mabury Road San Jose. CA 95133 (40__~8) 453-5922 FAX: (408). 437-1817 ATTN: Craig Linquist 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 the 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. 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. CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION OO5OO-5 of 8 FORMAL CONTRACT SECTION 00500 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 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. Oo 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 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. 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. 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, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-6 of 8 FORMAL CONTRACT SECTION 00500 IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contractin the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. ATTEST:CITY OF PALO ALTO City Clerk APPROVED: By: Its: Mayor CONTRACTOR: City Manager Director of Public Works Name: By: Title: Director of Administrative Sewices Taxpayer I.D. No. Manager, Contract Administation APPROVED AS TO FORM: Senior Asst. City Attorney CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-7 of 8 FORMAL C!~ SUmmARY IN WITNESS the city of Pa ATTEST: City Clerk APPROVED City Manage Director of F Director of # Tree and Stump BIDDERS NAME Environmental Care, Inc. dba Arbor Care Davey Tree Expert !LIST 1 (Initial 144 tree & stump removals) $35,386.51 $52,700.00 RemovN Project Cost of 100 hours of stump grinding $7,218.00 $4,000.00 TOTAL $42,604.51 $56,700.00 Manager, C APPROVE[ Senior Asst CITY of PA