HomeMy WebLinkAboutCC Resolution 9067 (Routine & Emergency Tree Services)RESOLUTION NO. 9067
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 30th day of November, 1993, pursuant to due and legal
notice published in the manner provided by law, inviting sealed bids or proposals for the
work hereinafter mentioned, as more fully appears from the Affidavit of Publication
thereof on file in the office of the City Clerk of the City of San Rafael, California, the City
Clerk of said City did publicly open, examine and declare all sealed bids or proposals for
doing the following work in said City, to wit:
ROUTINE AND EMERGENCY TREE SERVICES
PROJECT NO. 001-444358270(2)
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Fahy Tree Service, at the unit price stated in its bid
was and is lowest and best bid for said work and said bidder is the lowest responsible
bidder therefor;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the
bid of Fahy Tree Service and the same is hereby accepted at said unit price and that the
contract for said work and improvements be and same is hereby awarded to said Fahy
Tree Service, at the unit price mentioned in said bid;
IT IS FURTHER ORDERED AND RESOLVED that any and all certified
checks, cash, or bond accompanying the bids of unsuccessful bidders be forthwith
returned to them respectively;
IT IS FURTHER ORDERED AND RESOLVED that the City Engineer is hereby
authorized to extend the time for completion of the contract as set forth herein upon
showing of good cause by the Contractor;
IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City
Clerk of said City be authorized and directed to execute a contract with Fahy Tree
Service, for said work and to return the bidders bond upon the execution of said contract.
ORIGINAL Fgob71
RESOLUTION NO. 9 0 6 7
I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on Monday, the 6th day of December, 1993, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
� Imo_E .� o
JE NM. LEONCI�TI, City Clerk
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AGREEMENT
THIS AGREEMENT, made on the 6th_ day of December 1993 by and
between the CITY OF SAN RAFAEL, party of the first part, hereinafter called the
OWNER, and
FAHY TREE SERVICE
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations
hereinafter named, agree as follows:
ARTICLE I - Scove of the Work
The Contractor hereby agrees to furnish all of the materials and all of the
equipment and labor necessary, and to perform all of the work shown on the plans
and described in the specifications for the project entitled
EMERGENCY TREE SERVICES
PROJECT NO. 001-44358270(2)
all in accordance with the requirements and provisions of the Contract Documents
as defined in the General Conditions which are hereby made a part of this
Agreement:
ARTICLE H - Time of Comvletion
(a) The work to be performed under this Contract shall be commenced within
one hour after being directed by the Owner's representative.
(b) The work shall be completed as directed by the Owner's representative on an
hourly basis.
ARTICLE III - Accevtance and Final Pavment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when
he finds the work acceptable under the Contract and the Contract fully
performed he will promptly state that the work required by this Contract has
5
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been completed and is accepted by him under the terms and conditions
thereof, and the entire balance found to be due the Contractor, shall be paid to
the Contractor by the Owner within 30 days after the receipt of invoice. The
Contractor shall submit an invoice using project location, work description,
man hours, equipment used, dump fees, receipts etc. for review by the Owner.
(b) Before final payment is due the Contractor shall submit evidence satisfactory
to the Engineer that all payrolls, material bills, and other indebtedness
connected with work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of
payment a surety bond satisfactory to the Owner guaranteeing payment of all
such disputed amounts when adjudicated in cases where such payment has
not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of
all claims by the Owner, other than those arising from any of the following:
(1) unsettled liens; (2) faulty work appearing within 12 months after final
payment; (3) requirements of the specifications; or (4) manufacturers'
guarantees. It shall also constitute a waiver of all claims by the Contractor,
except those previously made and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so
certifies, the Owner shall, upon certificate of the Engineer, and without
terminating the Contract, make payment of the balance due for that portion
of the work fully completed and accepted.
Such payment shall be made under the terms conditions governing final
payment, except that it shall not constitute a waiver of claims.
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u
ARTICLE IV - Pavment
(a) The Contract Sum. The Owner shall pay to the Contractor for all work
performed, as directed, and as detailed on said invoice, per hourly bid prices
as shown on the Bid Proposal.
(b) Progress Payments.
On not later than the 30th day after receipt of invoice the _Owner shall, pay to
the Contractor the amount of the estimate as approved by the Public Works
Department.
IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day
and year first above written.
APPROVED:
&
City Attorney `� G
Public Works Department
CITY OF SAN RAFAEL
95; I A . � 0-'
(O Mayor
City Clerik
CONTRACTOR
FAHY TREE SERVICE
B
y �.
O
FA
AGREEMENT (CONT'D)
PROJECT:
PAYMENT SCHEDULE FOR
EMERGENCY TREE SERVICES
PROJECT NO. 001-44358270(2).
ITEM NO.
DESCRIPTION
RATE
NORMAL WORKING HOURS (8:00 A.M. - 5:00 P.M., Mondav thru Fridav
1.
Supervisor
$
34.00
2
Climber/Foreman
$
33.00
3.
Trimmer
$
33.00
4.
Groundsperson
$
32.00
5.
12 Yd. Dump Truck
$
11.75
6.
Pick-up Truck
$
6.00
7
14 Ton Crane
$
90.00
8.
Aerial Lift
$
14.00
9.
Chipper
$
6.50
10.
Stumpgrinder
$
35.00
OTHER WORKING HOURS (Weekends, Nights, Overtime, Holidays)
1.
Supervisor
$
65.00
2.
Climber/Foreman
$
60.00
3.
Trimmer
$
60.00
4.
Groundsperson
$
60.00
5.
12 Yd. Dump Truck
$
11.75
6.
Pick-up Truck
$
6.00
7.
14 Ton Crane
$
90.00
8.
Aerial Lift
$
14.00
9.
Chipper
$
6.50
10.
Stumpgrinder
$
35.00