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HomeMy WebLinkAboutCC Resolution 11812 (Emergency & Routine Tree Services)RESOLUTION NO. 11812 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT TO WEST COAST ARBORISTS, INC. IN AN AMOUNT NOT TO EXCEED $180,000.00, FOR "EMERGENCY AND ROUTINE TREE SERVICES 2005/2006"AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CONTRACT WHEREAS, on the 19th day of July, 2005, 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: "EMERGENCY AND ROUTINE TREE SERVICES CONTRACT 2005/2006" PROJECT NO. 001-44-47001-9270 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of $212,292.00 at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; and WHEREAS, the contract for this year's work should be approximately $180,000.00; however, no guarantee can be given for the final contract amount, which may be increased or decreased depending on funding; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of $212,292.00 and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said West Coast Arborists, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with West Coast Arborists, Inc. for said work in an amount not to exceed $180,000 and to return the bidders bond upon the execution of said contract. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director is hereby authorized to extend the contract as set forth in the Specifications and Contract Documents upon showing of good cause by the Contractor and at the discretion of the City. IT IS FURTHER ORDERED AND RESOLVED that the Director of Public Works is hereby authorized to take any and all actions and make changes as may be necessary to accomplish the purpose of this resolution. 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 1" day of August, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAPNE M. LEONCINI, City Clerk File No.: 01.17.02.03 City of San Rafael ♦ California Form of Contract Agreement for Routine and Emergency Tree Services Contract 2005/2006 Project No. 001-44-47001-9270 This Agreement is made and entered into this 2nd day of August, 2005 by and between the City of San Rafael (hereinafter called City) and West Coast Arborists, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope 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: Routine and Emergency Tree Service Contract 2005/2006 , 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. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 365 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. (c) At the discretion of the City, this contract can be extended for a period not to excced two (2) years. III- Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $100 per hour for every one hour interval, and $500 for a non- response as specified in the special provisions; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 ITEM NO. ITEM QTY I Rate I ITEM HRS. Man -Hr. TOTAL, $ 1 Supervisor 225 58.00 13,050.00 2 Climber/ Foreman 750 58.00 43,500.00 3 Trimmer 687 58.00 39,846.00 4 Groundsperson 1312 58.00 79,096.00 5 12 yrd. Dump Truck 750 0.00 0.00 6 Pick-up Truck 312 0.00 0.00 7 14 ton Crane 80 100.00 8,000.00 8 Aerial Lift 188 0.00 0.00 9 Chipper 625 0.00 0.00 10 Stumpgrinder 250 0.00 0.00 Subtotal for Normal Working Hours ITEM NO. I ITEM $180,492.00 QTY I Rate I ITEM HRS. Man -Hr. TOTAL, $ 1 Dispatcher 31 75.00 2,325.00 2 Supervisor 50 75.00 3,750.00 3 Climber/Foreman 125 75.00 9,375.00 4 Trimmer 31 75.00 2,325.00 5 Groundsperson 125 75.00 9,375.00 6 12 yd. Dump Truck 62 0.00 0.00 7 Pick-up Truck 62 0.00 0.00 8 14 ton Crane 31 150.00 4,650.00 9 Aerial Lift 50 0.00 0.00 10 Chipper 62 0.00 0.00 11 Stumpgrinder 6 0.00 0.00 Subtotal for Emergency "Call Out" Working Hours $31,800.00 Grand Total (Normal + Emergency) $212,292.00 V Progress Payments On not later than the 6th day of every month the Public Works Department shall prepare and submit an extimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. VI - Acceptance and Final Payment (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. (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 City 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 City, 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 AGREEMENT • 2 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 City 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 and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Jeanne M. Leoncini City Clerk APPROVED AS TO FORM: 5y r-, L- _ 44 Gary T. Ragghianti City Attorney File No.: 01.17.02.03 CITY OF SAN RAFAEL: Andrew J. Pres Public Works Directorr CONTRAC R: A Patrick Mahoney, esident for Richard Mahoney, Assreasurer AGREEMENT • 3 This certificate is executed by Liberty Mutual Insurance Grout) as respects such insurance as is afforded by those companies. BM0068 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies listed below. This is to certify that i Name and address of Insured) This voids and supersedes the certificate issued on 08/09/2005. WEST COAST ARBORISTS, INC ' Liberty 2200 EAST VIA BURTON ANAHEIM, CA 9280E 5 Mutual. is, at the issue date of this certificate, insured by the Company under the )olicy(ics) listed below. The insurance afforded by the listed policy(les) is subject to all their terms, exclusions and conditions and is not altered by any requirement, tenr or condition of any contract or od er document with respect to which this certificate may be issued. Expiration Type Expiration Date(s) Policy Number(s) Limits of Liability Continuous* 04/01/2006 WA2-16D-039499-065 Coverage afforded under WC law of I Employers Liability — Extended the following states: Bodily Injury By Accident I _ X Policy Term CA $1,000,000 Each Accident Bodily Injury By Disease $1,000,00() Policy Limit Workers Compensation Bodily Injury By Disease $1,000,000 Each Person 04/01/2006 TB2-161-039499-015 General Aggregate -Other than Prod/Completed Operations General Liability $2,000,000 v !I 1_ t Products/Completed Operations Aggregate Claims Made $2,000,000 X Occurrence I 1 I (� ( �� ; Bodily Injury and Property Damage Liability Per - $1,000,000 Occurrence Retro Date PUBLIC STORKS n_ Personal and Advertising Injury Per Person / r ID $1,000,000 Organization Other Liability1$5,000 Other Liability $100,000 Fire Legal Liability Medical Payment 04/01/2006 AS7-161-039499-035 I Each Accident- Single Limit- B. I. and P. D. Combined Automobile Liability $1,000,000 TacPerson Owned �Non-Owned NX Each Accident or Occurrence Hired Each Accident or Occurrence Equipment Floater 04/01/2006 YM2-161-039499-055 Package Property 04/01/2006 YY2-161-039499-025 C RE: Routine and Emergency Tree Services Contract 2005/2006. O " The City of San Rafael, its elective and appointed Boards, Commissions, Officers, M Agents and Employees." �9 E N T S 'If the certificate expiraticn date is continuous or extended tern, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation of coverage. Special Notice - Ohio: Any person who, with intent to defraud or knowing that he / she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Important information to Florida policyholders and certificate holders: in the event you have any questions or need information about this certificate for any reason, please contact your local sales producer, whose name and telephone number appears in the lower left comer of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number. Notice of cancellation: (not applicable unless a [cumber of days is entered below) . Before the slated expiration date the company will not cancel or reduce die insurance afforded under the above policies until at least 30 days notice of such cancellation has been [nailed to: Office: PLEASANTON,CA Phone: 800-343-1534 Certificate Holder: City cf San Pafael Department of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 SHIRLEY VIDUYA Authorized Reoresenintive Date Issued: 08/09/2005 Prepared.By: DC \— 08/12/2005 15:35 7149911927 WCA INC PAGE 03/03 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --OWNERS, LESSLL•5 or CONTRACTORS - NONCONTRIBUTING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ORGANIZATION: ANY PERSON OR ORGANIZATION THAT THE INSURED HAS AGREED TO AND/OR IS REQUIRED BY CONTRACT TO NAME AS AN ADDITIONAL INSURED (Section IT) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations for that insured, and, if you agreed to provide this insurance in a written agreement, only for coverage and limits of insurance requited by the written agreement but in no event will this insurance exceed either the scope of coverage or the limits of insurance provided by this policy. IT. The following is added to paragraph 4.a. (other insurance); if you have agreed in a written agreement that this policy will be primary and without right of contribution from any insumce in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior the "bodily injury", "property damage", "personal injury" at "advertising injury", then this insurance will be primary over, and we will not seek contribution from, such insurance. This endorsement is executed by the company below designated by an entry in the box opposite itq name L I LIBERTY MUTUAL. INSURANCF. COMPANY Premium L XI LIBERTY MUTUAL FIRE INSURANCE COMPANY [ l LIBERTY INSURANCE. CORPORATION Effective Date; 04/01/2005 F..xpinrtion Date: 04/01/2006 [ I1.M INSURANCE CORPORATION [ ] THA FIRST LIBLRTY INSURANCE CORPORATION For nitnchmenuo Policy No. '1132.161-039499-015 AWit Ronin: Iehied m! Wcnr Coast Mbnri;rhr, Inc. Cauntcrsignodby................................................................................................. Aulhorizcd Representative LG 1016 Issued; 04/01/2005 galas Office and No. Pleasanton. CA / 0600