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