HomeMy WebLinkAboutStaff Report 269-05Summary of Bid Process
Bid NamelNumber 2005-2006 & 2006-2007 Stump Removal Project / 111624
Proposed Length of Project 1 year -renewable for 1 additional year
Number of Bids Mailed to 16
Contractors
Number of Bids Mailed to Builder's 0
Exchanges
Total Days to Respond to Bid 29
Pre-Bid Meeting? Yes
Number of Company Attendees at 6
Pre-Bid Meeting
Number of Bids Received: 2*
Bid Price Range From a low of $237,545.00 to a high of $344,160.00 for 2
years
*BId summary provIded m Attachment B. The CertIficatIOn of NondIscnmmatIOn IS
Attachment C.
Staff has reviewed all bids submitted and recommends that the low bid of $237,545 submitted by
Kelly's Stump Removal Company, Inc. be accepted and that Kelly's Stump Removal Company,
Inc. be declared the lowest responsible bidder. The bid is 14 percent below the staff estimate of
$275,000.
Staff confirmed with the Contractor's State License Board that the contractor has an active
license on file. The contractor is currently working on the 2004-2005 Stump Removal Project
and has been responsive to the City's needs and the quality of the contractor's work has been
acceptable.
RESOURCE IMPACT
Funds for this project are included in the FY 2005-2006 Public Works Department Operations
Division budget. Staff has traditionally outsourced stump removal work on a unit cost basis to
ensure fixed costs for the work. Outsourcing of the work also eliminates the need to purchase
and maintain expensive and high maintenance stump removal equipment while freeing up City
tree maintenance personnel for the higher skill level work they perform.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
ENVIRONMENTAL REVIEW
The proposed City of Palo Alto stump removal project is a necessary component of ongoing tree
maintenance throughout the city and does not have significant environmental impacts. The
stumps are located within the public right-of-way and their removal is categorically exempt from
California Environmental Quality Act (CEQA) review under Section 15301(h), covering the
replacement and minor alteration of existing facilities, including specifically the maintenance of
existing landscaping.
CMR:269:05 Page 2 of3
FORMAL CONTRACT SECTION 500
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 16 of this
Contract.
6. 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 ofthe 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. 339601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. 336901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. 332601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
7. 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.
8. 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.
9. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor's Work. The right
of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift
that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory
manner in compliance with the Contract requirements.
10. 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 in employment and hazardous materials.
11. . ~. As a condition precedent to City's obligation to pay compensation to Contractor, and on or before the
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