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HomeMy WebLinkAbout0152.093~i fl::i f' " \.1 1 ~ iJ " <:1 j J ;1 .' -:- ---~"-" ~ darrel POi 1 ____ ----,2 February 4, 1993 THE HONORABLE CITY COUNCIL Palo Alto, Californi~ ParK and street Tree Trimminq -Award of ~QDtract Members Qf the council: This report recommends Council award a contract for park and street tree trimming to Arbor Care for $49~967~ Funds have been budgeted in the FY 1992-9) operating budget of the Public Works Operations Divi6:ion~ Discussion A contract for pruning park and street trees was authorized by the City Manager's office in 1992 to provide data for asaessing the efficiency of in-house tree crews performing equivalent types of work. Bidders are required to use certified tree workers to ensure a comparable level of quality. Unit prices were bid for street trees and hourly crew prices were bid for parks trees, ~here tasks are more diverse. Bids ~erp r~ceived from three qualified bidders. staff recommends that Arbor C~re be determined by Council to be the lowest bidder based on t.c~e attached summary and that a contract for $49 r967 be awarded accordingly. Street tree trimming will start immediately and park ;iork will begin after the rainy season to avoid damaqe to park turf. All contract ~ork will be compl~ted by June 1993. The resulting data will be used to identify the proper mix of unit cost and hourly work and contracted versus in-house labor for futUre tree trimming budgets~ -1- CMR: 152:93 aeC9mmen~ Sta~f recommendu that Council approve and authcriz~ the Malor to execute the attached contract with Arbor Care~ for $49,967 for park and street t~ee trimming. Respectfully submitted, MI CHAEL MILLER Oeputy Director, operations Division ti~G~ Acting Director of Public Works City Manager Attachments: CMR:l~2:93 Bid Summary Contract Pages -2- ---------------- PARI AND STREEr TREE PRUNING CONTRA~ BID RESULTS RON'S TREE DAVEY TREE' ARBOR SERVICE SERVICE CARE Park trees at Hourlv RaT.:e $ 58.55 $ 76.00 $ 5a~oo 194 HOIJt's Item Total $11, 3SS. 70 $14.744.00 $11,252.00 Southcourt Unit. Cost $ 186.0C $ 271LOO $ 174 .. 00 lOS Trees Item Total $19 1 530.00 $28,350.00 $18,270.00 Louis, Oregon-Colorado '('nit Cost $ 145.QO $ 270.00 $ 116.00 45 Tree.s Item Total $ 6,525.00 $12,150.00 $ 5,220.00 Louis, N. California to Oregon Uni-t Cost $ 145.00 $ 270.00 $ 116.00 40 Trees Item Total $ 5 r 800.00 $10,BOO.00 $ 4,640.00 Greer, Embarcadero to Oregon unit Cost $ .141. 00 $ 270.00 $ 145.00 36 Trees Item Total $ 5,076.00 $ 9,720.00 $ 5,220.00 Greer, Oregon to Amarillo f" cost $ 141. 00 $ '70.00 $ 145.00 37 Tre'_'l Item Total $ 5.217.00 $ 9,590.00 $ 5,365.00 I TOTALS , $53,506.70 I $85,154.00 $49,967.00 I I CONTRACT This Contract, oated _-' is: entered into by and between the City at Palo Alto, a municipal corpc;r.aticn of the State of Californ;a I"eitv", , and ____ ~M_U; •• '~.L ___ _ , • --:::==========,_I~'~Contractor~l, whose Taxpayer Idennfielltio.n NJJmber i~ _ For and ~r, considerat\on of tnfl-foll-;,wirvjl CQ'o'sr.ants, terms. and conditions, CiW and Contractor i-the parOes").agrae.: I. Term. This Contract shall commence on, and be binding on tJ1e parties on, t'"-e Date of Execution of th(s Contract. ana s.haH expire art tfu~ aate of recNdation of the Notice of Substa!'lt::al CompJstiOll, cr, if no such notice is required to be fiied, on the date that final P<.Iym';',lt is made hereunl'jer. subieC1 to the earlier termtnatiol1 of this Contract. 2. General Scoot of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with thi! construction of the Project and completa tho<;: Work in accordance with the covenants, term$ and conditions of this Contract to the satisfaction ot City. TJ'I.e Project and Work is gen.sre!tv -d~;;o.Cribed as. forrows: Trtte: Park atld Stre~t Tr8t_T~,~~m=mu;~n~Q,--____ _ Add Alternates {if af'lY): ~ _N='A:L __ _ 3 !&ntrirct Docjt.!mgpu. This Contract shlil\l c-onsiSl of the documents set forth below, which are on file with the City Clerk .nd a ra hereby incorporated by rtrierence, For the PUrpQSES of construing, Interpreting and resol'o'ing inccnsistencies between the pro'Jisions of this Contract, these documents. and the provisior.s thereof are set forth in the followin~ descending order of preceaerK!e. 8. This. Contract. b. Notice Invitin~ Formal Bids. ~, Char.~e Orders. d. Sfd'. e. Addenda. t. SpP'ciaJ Conditions. g. Supplementary Conditions. h. General Conditions. L Contract Specifications. j. Convact Orawin~-s. k. Standard DrawinQs and Spedf1calio.ls 119721. I. Certificate of Insurance, Performance Sor:d and lab{l( anj Materials Bond. m. Affirmative Action Gwdelines and ComplIance Report n. Other Specifications, or part ihereof, not expre&sly ~nco{porated in the CGntract Specifications or the Standard Drawings and SpeCifications 11972). o. Any other document not expressly mentioned herein which is '~ssued by City or entered into by the parties. crt>, of F'ak A~ro. CDNTAACT (1/92~ Pall" I • CONTRACT KontinuecU 4. .compMution. In co .... osideration of Contractor's periormance 0' its obligations Mreunder, City shall ray to CorJtractor th!i amount S{lt fortl'1 in Contraclor's Bid in ac.cordiince with the provisions of this Contract ind upon the receipt of written inv'Jlces and a~1 necessary supporting dOCl.lmefltdtion wi:hin the time set foF'th in the Contract Speciffc3tions and the 1.972 Standard Draw:nQs and Specifications, 0", if 1'0 tJme is st"!6d, wlth~n thi;-ty 001 Days of me date of raceipt of Contract<H's inlloices. 5. InsJ.ta[l..£t. On or befonl the Data of E )(ecution, Contractor 51'1 all obtain and maintain the policie:i of inslIrance coverage described in tt'le NOlice Inviting Formal Bids on tarrns and (;ondi'(iol"l$ and in amounts. as l""'o.a\l be nt~uifed b'i the Risk Manager. CIty shall ~ot be obt;~atl!d to take OiJt in.surance on Ccntractor's personal property or the personal property of any pr.rson performing ICloo<" or serv!ces or s"'ppJ-,..ing materials or eQuipment under the Project. Contractor shan fumish Ctty with the cert~flcates of insurance iind w~th ori\jinal endorsements affectiniijl cOllerage !'eQuire<i under this Contract on ot before the Date ot Executio"" The certificates and &f1dorsemeilts for each insurance poljc\I shall be si~ned by a person WhC1 i~ authorized by that insurer to bind eellarage on its beh.<llf. Proof of ~nsurance shal~ be mailed to the PfOjtlct M.aP'\ager to tf1e addreu iSt forth In Section Hi of thiS Contract. 6. Indflmnific(!tiDl". Contractor agrees to protect. derel ,d, indemnify and hold City. its City Counc~ members. officers, and employees harmless from and ag8inst anI! and an c13im:;, demand!;., ~abilities, losses, damages, costS, e)(DenseS, liens, penalties, suits, or judgments. arislnQ in whole or in part, directly or indirectly, at any time from any injury to or death cf J;lersons or damage to property as a result of the willful or negiioent act ar om~ssion of Contra(':IJ(, or which results from Contract(Jr's noncomplianca with any Law respecting the condition, use occUD3tion 0(' safetv of the Pr<:lject s.ite. or ar,V part thereof. Q( II'IIhicl'1 arises fror."l Contractor's faflure to do anything .. equired under this. Cc.l"tract or rOt doing anything which Contractor is required root to do under mis Contract. or which arises from conduct for which any Law impo~s strict ~ability on Contractor In the performance of or faHure to perlar .. " the ter;ns and cononiQns of this Contract, e ... cept as maya-rise iTom the sole will1' ... \ or nagligent act o. omission of City or &ny of itS City Council membe .. s, officers, or emplo\lees. This indemnificatior shan extend to any and all claims, demands, Dr ~ens mace or fiied by reason of any conStrUCtion, renOVation, or r8mode~ng Work performed by ControctOf" under this Contract at any 1ime during "the term of 11115 Contract or arising thereafter, 7. Ass;Jmgtion of Risk. C'Ontractor agJ~es to voluntarily assume afly and an rlSIo:: of less, dama;;;e, or injury to the property of Contractor which may occur tn, on, or about the Prc.ject site at any tima and in any ma"ner, exr::eptin~ such loss, injury, or damage as may be caused by tl'1e 501e willfuf or negligent act or omission of CItY O( at1y of its City Council members, officers, or employees. S. Wj3iver. The acce~~ance of any payment 0" performance, or any part thereof, shall not operate 85 a waiver by Cft-; of its right!. under this Contract A wafver by City of any breach of any part or proyision of 'this Contr.act by Contractor shall not operate as a ..... aive .. or continuing waiver oi any !.u~uent breach of tnt. s.ame Of any other pro ..... ision, nor s.hell an.,. custom or practice which mill", arise between the "arties in the administration of any par. or pmyision of this Contrac.t be construed to waive or to lessen the right of City to insist iJPon the perform&nce of Contractor in 6tri~t compliancEl With the covenants. terms and conditions of this Contract. 9. Cgmpljance with laws. Contractor shatl comply with all Laws now in fCfce or WhfCh may heres:fter be in force pertainln., TO the Project and Work and this Contract, with the re~ujrement of any bond or fire underwriters or ~ther l;i(T1ilar bod'll now or hereafter constituted. with any discretionary license 0<" ;Jermit issiJed pursuant to any law {If any pub riC i!Qency or official as well as with any provision of all recorded documents affectin!;l the Pfoject liite, insofar as any are reol.!i(ed by reason of the use or occupancy:)f the Project sile, 3nd with an Laws pertaining to nondiscrimination and affirmative action in emplovment and hazard(l{JS materiCils. City "f P.I" Alte': CONTRACT ~1 .. B2.~ Fag@ 2: CONTRACT (Continuedl 10, ~. As I condition prece<lent to Citjl'S obligation tQ pay compensatiO{l1C Contractor, and on or beforfi the Date of Execution. Contl"actQr shaIl ~urnish the Bonds as required unde: the Notice Ir:vit.;ng Formal Bids to the project MarHIger. 11, B.gprt$flnt;-tigns and Warranti .. }. In the supp1y -of any miiterlals and equipment and the renderir'lg of labor and s:orvices d\.Jfin~ the cc..u~se and $.Cope of the Project a:1d WDrk;, Contractor repr1!lsenta. .md warrants: •. An", materials ar.d equ.ipment which. sMIl be used during the: course and scope of the Project and Work shan be vested in Contractor; b. Any material$ and equipment which shall be used during the course and' 5CO~ of the Project and Work shall be merchantable and fit tD be uSed for ti,e particular purpose for which the materials are reQuired; c. Anv liobor and services re~dered and materials and equipment usee! or employed during mEt COLJrse and scope crf rhe Project and Work shall be free of defects i" workmanship for a period 01 one 'i) year after It'l~ recoro-alion ot the Notice Cof S\Jbstantiai Completion, or, if no such notice is reQuired to be fHed, on The date that finai payment is made hereunder; d. Anv man\Jfacturer's warranty ohtained by Contra~~or shall be obtained or shall be deemed obuinad bV ContractQ( for and on beha~ (If Cit)". 8. An\' information submitted by Contractor prior!o the award of Contract, or thereafter, upon reQuest, whether or rolot submitted under a continuing obrl~3tion.bv the terms of the Contract to do iO, is true and correct st the lime "uch information is submitted or made available to the Cit)"; f. Contractor has not t;olluded. conucired. Dr agreec', directly Of ind"1rectiy, with any person in rl'tgard 'i.o the-terms and ccndi'i.ions of Contractor's Sic, ~x.cept as may be permiued by the Notice {n ... ·itinQ Formal ~js; g. Contractor has the power and aumonty to enter into this Contract with City, that the individual e)(ecuting this Contract is dulV authorized to do so by appropriale resolution, and that th;s Cormiilltt shan be eJ(ec..n:ed. delivered .and performed pursuant to the power and authority c:onfer~ed upon tne person or persons 8\.Jthoriz.ed to bind ContractN; h. Contractor has nC;l: l1lade an attempt to exert undue influence with the P'-!rcha5ing Manager or Project Manager or any other person who has directly contrlblJted to City'S decision to award ttle t:ontract to Contractor; i. There are no unresolved claims or d~splites beN,cen Contractor and City which would materian,;, affect CMtraclor's abiirty 10 perform under the Contract; j. Contractor has furnished and will furnish trL!e and accurate statements, records reports, resolutions, certifications, Cine other written infQrmation as may be requested of Contractor by City fmm time to time cfur~,.,\,1 the term of this Contract; k. Contractor and any Person performing ~abor and sarv:cas under th~s Project is duly licensed as a contractor with the State of California as required by California 8;Jsiness & Professions Code Section 7028, ~s amended; and \. Contractor has fully examined 2nd Inspected the Project site and has 1uli knowledge of the physical conditions of the Project site Cn:y 01' PlIlo ~Ito: CONTl'I.ACT 11/9.2.1 ." • CONTRACT 'Continued) 12, AUjQl"lmonL This Contract ar.d tt1e performance required her~under is :>srsoniJl to Contractor, oiIInd it :shall not be assigned by Contractor. Any attempted aS$ignme;"lt shoilill be nLiIl and ",Did 13. CI!lim' of Cor-nr;.1Q!. AI: claims pLirtalning tCo extra Wo-rK, additional charges, ordelaY$ ",.'ithin the Contract Time or c-ther disputes arisin~ 'Out of the Centrac! shall be $ubmin&d bv Cor.tractor to City in wr~ting by certified or reQ'istared rT'o:rlwithin ten (10) Davs aft,*, the cl.in'l arose or with." such other time as rna\! ba permrnad or r9Quired by I!lw, and shan be described i:"l svffident detail to fili .... ~ adeQuatB notic. 0' the substance of the claim to City. 14. Audits by erty. Ounng the term of thi.s Contract and for a panod of not less than tl"lr". (3) vears after t.'le expiration or earlier termination of this Contract. Citv shan tla· ... the rig'~a to audit Contrac:or's Project·related and Wori<~related writings arid bUSiness records, oS sucl1 terms are dtlfif!ed in Cali10rnia fv~o'ence Code Sections 2.50 and 1271, as amended. during the rel:jular business hours. of Comractor, or, if Contractor ~iIS i'lO such hours, during 'the regular business hours of City. , 5. ~. All agrlilem&nts, appointments. appro\lals, authorizations. claims, demandS, Change O,"der$, consents, designations, notic.,s, offers, reCluests and' statement.s gi\lsn by eitller party to the other shall be in w<i'tin~ and sfla11 b~ $uff~cient\" ~; ... e~ af\d ser'lled upon th~ other part'-t if OJ personallv served, f2~ tiient by the United States mail. postage SJrepaid. 13) sen! by private express da~\lery service, or 14~ in the caSE' of a facsim~le transmission. if 5ent to the telephone FAX number 5!?-t forth below du~ing regular business hours of the recei\ling party and fonowlII!d 'fflth'n'tWo (2) Oa'15 bV d0he()llJf ~ hard tOP)I 0' the mate:ial sent b)l facsimile transmission, in "CC<:lr(.1ance ...... ith (1). (21 Of' C31 above. Personal ssrvice shall indude. witt-out limitation, service tl)l d1l!ivery and service by facsimile transmission. To City: Copy to: To Contractor: City e1 Pale Atto: CONTRACT 11i92) City of Palo Alto City Clerk 250 Hamilton Avenue p,O, Box 10250 Palo Alto, CA 94303 City of Palo Alto Depanment of Pub~,c Works 250 Hamilton Avenue P,O, Box 10250 Palo Alto, CA 94303 (4151 329-2693 FAX: (415) 329-2299. ATTN: ATTN: "'"""-....-~---------- '- • , tl ~ .-. ., l 16. ., CONTRACT lContinued) AgQfPprjati('n of City Fund!. This Contract is subject to the flscar provisions of Aroda III, Section 12 at the Charter of the; Ory 01 Palo Alto, Any char~t!S hereunder fo( rt>bor, services, m;lterials and equi,pment mOlY accrue Qnly aher slIch e)(pendltuies; ha"'e been Oipproved in ad .... ance in w~jtinQ in a::cordance with ap:."icahle Laws ThiS CCJntract shall termina~e without penalty (I) i!t the o.'!nd of any fisc:;;: year ,', the eltent that funds are not apprO.Dr~<!ted for the fo!lowinQ fiscaJ year, or :iil at c~\I' time within a fiscal year In the e-,ent that 'unds ars only .appropriated for a po~jcn c~ the fiscal year anC! funds for this Centra;::t are no lMge~ CI .... afiab'e. This Section 16 shall control in the cv..;nt of it conflict with ai1y other provision of thls ContraC1. '7. MiscenaneQus. a. Bailee Oisclaimer. The pOl:rties understMd and aQree that C'It;' does not purport to be Contractor's bail~e, and City is. therefore, not respcnsible for any damage to the ~rsonal proper1\' of Contractor. b. Consent. Whenever i .. this Contract the aPproval or ('onser;! of a party is raqu;red, Sl<ch approval or consent 5h(lll be j~ writinQ' and shaH be executed b.,. a person h3'o1ing the express a",thority to grant such ap,oroval or consent. C. Cor\1roUing law. The Pli11i13S agree tr.at this Comract sha!1 be governe<j and construed' by and in accordanc9 with the laWs. of tt-,e State of Cal.forni;i, d. Definitions. The definitions and tenns set forth i~ Secti'Jl1 1 of !he Standard Drawings and Specificc.tions [19721 of this Contract ere incorporated tierein by reference. e. Force Majeure. Nerther party shall be deemed to be II"] default on account of any delay Ol' failure to perform its obligations oflde~ thiS Contr'act wliich directry results from an Act of God or an act of a soperior gov'i!rnrr.ental autnority. f. Headings. The paraarapt1 headings are nm i! part of th.s Contract and shall have no effact upon the construction or interpretation of any part of this Contract. g. Incorporation of Documents, Aj) documents constrtuting the Contr.Cl documents described in Section 3 heroof and an dOC'Jments which may. from time to time, be referTe~ to in any duly e1Ceculec amendm6nt hereto are by sucl'1 reference incoO"porated in this Contract and shall be deemed to be pan of this Contract, 1'1. Integration. This Contract and any ame:1dm,"nts her€:1o between the part'les constitute the emire ap,·eement between the panies concerning ths Project and Work, and t"lere are no other prior oral or written agreements between the parties that are not incorporated in this Contr-9ct. i. Modification of Agreement. T).,is Cor,tr8ct shall no! be modified or be b.nding ucon the partiu, unless such modific<!tlon is agreed ttl i~ II'Ytitrn~ and si~ned by the parties. Pr(l'olision. Any agreement, cover:ant cond.tiO:l, clause, QU3ljflcation, resuiction, reSer'olall0n, term or other stipult'1tfon in the Contract sl'1all c:lefine or "Jtherwise control, estabrish, or Jimit the performance required or permitted or to be reQLJirec:l of or permitted by €lither party, All pro'oliSions, whether coven~nts or conditions, shall be detlmed to be beth covenants and conditions k. Resolution, Contractor sMrI submit with its Bid a copy of any COiporate Of partnershi~ re50lution o( other writing. which authorizes any director, officer or other emp~D.,.ee or .P<Jrtner to act for or en beh31f of Corltractor or which 3lJthorizes Contractor to enttlr into this Contract. City III .1'1/010 Aae.: CONTRACT 11 ,192~ PallO'! 5 .-~-~ 1:" ':<,. -,' / ~ f I ~ t.! ;i ! m. ". CONTRACT jCOritinuod) Se'olarability. If. court of (:ompetent juri~dictiof'. fir;ds or rules thar any prov;sion of this Contract is void or unenforceable, the fJrovisio~.$ of this Contract not so affectt'{j shan ramain in full force and effect. Statu!: of ContraCH)L 111 the eKe-reise of rights and obligOltil,lns UrdtH this COmri;lct, Contractor acts as an independent contractor and not as an 3'01ent or employ~e 01 City. COntr1lctM shall not be entitled to any rights 2nd bMofit$ accorded or accruing to .he t:rty Ccuncil memb6rs, officers or emplovee" of Citv. and Contractor expressly wai\,les any ern! ail claims. [0 such rights and benefits. Successors and Assilijns, The provisions of this Contritet shall in!,.Ore t" the benefit of, and shaM a~piy to and bind, the successors and aS5i~ms (Ji the parties. 0, TIme of the Essence. Time is cf the essence Of this Contract and each of its provisions. 1n the ca;fculatlon of time here~n~Elr, th~ time in wh,ch an act IS to be performed s.hall be computed by e)(cluc'ing the first Day and includinQ the last. If the time in which an act is to be ~rformsd fatls on a Saturday. 50ndilY, 0( any Day observed is a legal holiddY by City, the time for "erformanl;"8 &ha~ be extended to thli! following Business Day, p, Venue. In the event that suit is brought b) either party hereunder, the parties agree that trial cf such action shalT be .. ested e)(ciusi .... ely in the state courts of California in the Count'l of Santa Clara in tha City of San Jose or ,,, the United Sta'es Distr:ct Court for the No-rthem District of Ca!iforn~a in the City of San Jose. IN 'MTNESS WHEREOf, the parties have executed this Contract on the da!!!' firs! above staled in Palo Aftc-, CalifOll"lia ATTEST: CITY OF PALO ALTO. C.4.LlFORNIA By, ___________ _ crt>-CIeri< Mayor APPAOVED: CONTRACTOR: By: ___ _ City Man8g'er Name: _______ _ Director of Public Works Title Difector of Flnance Taxpayer I.D, No, _______ _ :::-:--::---------_ ...... - Risk Manager APPAOVEDAS TO FORM: As.aistant City Attorney Oty of Plllo Alto: CONTRACT II 1'92.1 .'