HomeMy WebLinkAbout1999-04-19 City CouncilCity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 8
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
APRIL 19, 1999 CMR:188:99
INCREASE AUTHORITY IN THE AMOUNT OF $175,000 TO
CONTRACT #C4045515 BETWEEN THE CITY OF PALO ALTO AND
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 to Arbor Tree Surgery, Inc., for an additional $175,000 of contract tree
trimming services to clear power lines in FY1998-99.
BACKGROUND
The California Public Utilities Commission (PUC) recently made a significant change to
General Order 95 for tree trimming, which includes requiring 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). Staff conducted a survey of
the power lines and found that a significant number of trees were not in compliance with
aspects of General Order 95. In addition, Public Works Department tree management staff
also observed a marked increase in tree growth due to two very wet winters and a longer than
usual growing season. In order to address this tree growth, additional contract line clearing
crews were deployed. Although precipitation has been below normal this year, staff still
expects moderate tree growth this spring. The remaining budget will not be sufficient to
support the line clearing work necessary for this fiscal year. The current contract will expire
on June 30, 1999.
DISCUSSION
Tree management staffwill continue with an aggressive approach to maintain sufficient line
clearance through tree trimming and, in association with the City Utilities Department and
CANOPY, remove problem trees for replacement with more appropriate species. Staff is
recommending that an additional $175,000 be added to the existing $600,000 contract for the
remainder of this fiscal year. Staff has considered the impact of growth patterns and the
more stringent PUC requirements in preparing estimates for the next contract.
CMR:188:99 Page 1 of 2
RESOURCE IMPACT
Funds for this project for 1998-1999 are available through a midyear adjustment made to the
1998-1999 Public Works Department operating budget.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
Attachment A:Contract
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
l{/Iichael Jackson, Deputy Director of Public Works
GLENN S. ROBERTS
Director of Public Works
k EMILY HARRISON
Assistant City Manager
CMR: 188:99 Page 2 of 2
ATTACHMENT A
PART II -FORMAL CONTRACT
CONTRACT
SECTION 00500
This Contract, dated ~ ~p_~-~l~b~z(" ~ !~ "~ is entered into by and between the City of Palo
Alto, a municipal corporation of the State of California~("City"~) , and Arbor Tree ..Suz~ezy~ 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 termir~ation of this Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment
in connecti~n 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 Contract No.: 45515
Base Bid: $ 3,640,676.58
Add Alternates (if any): $ 0
Total BidS 3,640,676.58
Contract Documents. This Contract shall consist of the documents set forth be)ow, which are on rite
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 the following descending order of precedence.
ao 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.
AffirmatK, e Action Guidelines and Complia~nce 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 OO500-1
PART
o
I! - 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 Forrn’al 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 City Council
membe’rs, 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 par~,
directly or indirectly, at any time from any injury to or death of persons or damage to proper-b/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 Iqss, 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 breech 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 PALO ALTO: Formal Contract (Sample} NIFB (10/92)SECTION 00500-2
PART II -FORMAL COI~ITRACT 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.
10.Bond____~s. 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
wa rra nts;
Any materials and equipment which shall be used during the course and scope of the Project
an~l Work shall be vested in Contractor;
bo
do
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 I~bor 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 manufa~:turer’s warranty obtained by Contractor shall 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 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;
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 autho.rized to bind Contractor;
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;
CITY of PALO ALTO: Formal Contract (Sample} NIFB (10/92)SECTION 00500-3
PART II -FORMAL CONTRACT SECTION O05t
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 wP~tten 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, andit
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 ha~ 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: Formal Contract (Sample) NIFB (10/92)SECTION 00500-4
PART II -FORMAL CONTRACT SECTION 00500
Copy to:City of Palo Alto
Department of Public Works - Operations
250 Hamilton Avenue
P.O. Box 10250
Pal0 Alto, CA 94303
(415) 3 9. 496-6905
FAX: (415) 852-9289
To Contractor:
ATTN: P-~ejeet-~~#e~-P-r-eje~ David Sandage
Arbor Tree Surgery, Inc.
802 ~aso Robles Street
Paso Robles, CA 93446
(80.__~5) 239-1239
FAX: 81~_~.1239-3742
ATfN:Matthew J. Ennis
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) atthe end of any
fiscal year in th~ 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 n’ot purport to be
Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal
property of Contractor.
Consent. Whene’ver 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 conser~t.
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.
C~TY of PALO ALTO: Formal Contract (Sample) NIFB 110/92)SECTION 00500-5
PART !1 - FORMAL CONTRACT SECTION 005C
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.
eo 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 a_ny 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 t~
performance requ!red 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 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 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 ail 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 Ii -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 inclu.ding 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.
.p.Venue. In the event that suit is br6ught 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.
IN WITNESS WHEREOF, the parties have executed this Contract on the date first above stated in Palo
Alto, Ca?rnia.~ " ~
AT’I. E,S~: // CITY OF PALO ALTO, CALIFORNIA
,:/.,,iity: Clerk . ~. " /~//~~ ""
APP
Ci
Mayor
CONTRACTOR: Arbor Tree SurBery
Name: Matthew J. Ennis
Director of Public Works
Di~c~or of ~’nanc~ -
Title: General Manager, Secretary/Treasurer
Taxpayer I.D. No. 9.5-2758224
APPROVED AS TO FORM:
Senior Assistant City Attorney
END OF SECTION
/
CITY of PALO ALTO: Formal Contract (Sample) NIFB (10/92)SECTION O0500-7