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HomeMy WebLinkAboutAsplundh Tree Expert Co 2010-02-03CITY OF UKIAH Mendocino County, California AGREEMENT FOR TREE TRIMMING AT VARIOUS LOCATIONS THIS AGREEMENT, made this 3rd day of February , 201Q_, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Asplundh Tree Expert Co hereinafter called the Contractor, 1. The Contractor hereby agrees with all the terms and conditions contained in the Agreement, to pay all necessary taxes, insurance and bonds, and to fumish all of the labor, materials, transportation, equipment, services, and incidentals necessary to complete, in a workmanlike manner, the tree trimming at various locations for the City of Ukiah, as per the bid submitted by the Contractor which is herein incorporated by reference. 2. The City hereby agrees to pay and the Contractor agrees to accept $ 53 0 50 per hour based on a minimum three person crew in consideration of the full and complete performance of the work in accordance with the bid of the Contractor. 2.1 Rate shall be firm for the entire term of contract. 2.2 Payments may be withheld on account of (1) defective work not remedied; (2) claims filed by third parties; (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) the unpaid balance of the contract sum; (5) damage to that City or another contractor; (6) reasonable evidence that the work will not be completed within the contract time and that the unpaid balance would not be adequate to cover actual or liquidated damage for the anticipated delay, or (7) persistent failure to carry out the work in accordance with the Contractor Documents. 2.3 Final payment shall not become due until ten (10) working days after the City accepts the work completed and the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all cost and reasonable attorney fees. 2.4 Acceptance of final payment by the Contractor, shall constitute a release and waiver of any claims for additional compensation by the Contractor, except for claims submitted in writing by the Contractor prior to final payment which remain unsettled at the time of final application for payment. 3. Term of Agreement. Contractor shall commence performance of services as required upon receipt of a Notice to Proceed from the City. This agreement shall be in effect for three (3) years from the date it is fully executed. 4. Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the work for which Contractor was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project,, the contract shall terminate on the date notice of termination is given to Contractor. City shall 18 pay the Contractor only for services performed and expenses incurred as of the effective termination date. Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Contractor's breach of contract. 5. Any alteration or deviation from the original plans and/or specifications, whether involving extra cost of materials or labor or not, and any extra work necessitated by unusual conditions will be executed only upon written change order designated by City's agent for same, and will become an extra charge or credit only when approved in writing by all parties hereto or their authorized agents. 5.1 If the Contractor is delayed at any time in progress of the work by changes ordered in the work, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipated, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which reasonably justifies delay, then the contract time maybe extended by a change order for a reasonable time. 6. Before Contractor performs any work or delivers any materials to worksite(s), he shall furnish to the City certificates of insurance covering full liability under Worker's Compensation laws of the State of California, and Comprehensive General Liability Insurance (Broad form/CSL) and fire insurance of $2,000.000 naming the City as additional insured, and shall be maintained in force until the work is completed. All work covered by this Agreement done at the worksite(s) or in preparing or delivering materials to said worksite(s) shall be at the risk of the Contractor alone. Contractor agrees to indemnify and hold harmless the City against any claims, actions or demands against them, or any of them, against any damages, liabilities or expenses, including attorney fees, the personal injury or death or for loss or damage to property, or any or all of them, arising out of or in any way connected with the performance of the agreement by Contractor. 7. The Contractor shall not, without written consent of the City, assign, transfer nor sublet any portion or part of this work, nor assign any payments to others, but will furnish all labor, materials and equipment necessary for performance of this agreement. 8. Contractor shall at all times indemnify and save City harmless against all liability for claims and liens for labor performed or materials used or furnished to be used on the job in connection with Contractor's performance hereof, including any costs and expenses for attorney fees and all incidental or consequential damages resulting to City from such claims. Further, in case suit or such claim is brought, Contractor shall defend said suit at his own cost and expense, and will pay and satisfy any such liens or judgment as may be established by decision of a court in said suit and further hold harmless the City from any personal liability thereon. 9. Contractor shall, at his sole cost and expense, and without increase in the compensation to Contractor, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the work; obtain all necessary permits and licenses therefore; pay all manufacturers, sales use, processing, Federal and State taxes; insurance and contributions for social security, unemployment and employee benefits required by labor agreements which are incurred by the Contractor whether levied under existing or subsequently enacted laws, rules or regulations. Including but not limited to the following: 7.1 Eight (8) hours per day constitutes a legal day's work for Contractor's or Subcontractor's employee. Employees of Contractor shall be permitted to work in excess of 8 hours per day and 40 hours during any one week upon compensation for all hours worked in excess of 8 hours per day at not less than 1-1/2 times the basic rate of pay. The Contractor shall pay a penalty to the City for violations of these Labor Code provisions according to Labor Code Section 1813. 7.2 The Contractor shall pay not less than the general prevailing rate of per diem wages as required by Labor Code Sections 1770, 1771, and 1773.2, and shall pay a penalty to the City in accordance with Section 1775. 7.3 The Contractor shall keep accurate payroll records which are available for inspection in accordance with Labor Code Section 1776. 10. Contractor shall effectively secure and protect the work to be done hereunder and assume full responsibility for the condition thereof until final acceptance by City. Contractor shall be liable for any loss or final acceptance by City. Contractor shall be liable for any loss or damage to any work in place, or to any person, materials, or equipment of the worksite(s) caused by him, his agents, employees or guests. 19 11. In the event action is instituted for the enforcement of any term or condition of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees in said suit, in addition to costs and reasonable expenses incurred in the prosecution of said suit. 12. If the Contractor shall neglect to prosecute the work properly, or fail to perform any provisions of this contract, the City may, after three days written notice to the Contractor and without prejudice to any other remedy he may have, make good such deficiencies and deduct the cost thereof from the payment then or thereafter due to the Contractor. 13. Contractor guarantees all equipment, material, supplies, and work furnished on the job against defective construction or workmanship for a period of one year following completion of the project, except when a longer guaranty is provided by the supplier or manufacturer of the equipment. Contractor expressly agrees to act as co-guarantor of such equipment and materials, and Contractor shall supply City with all warranty and guaranty documents relative to equipment and materials incorporated in the job and guaranteed by their suppliers or manufacturers. 14. Contractor will conform to applicable California Administrative Code Title 8 and regulations, also ANSI, Z133 for Tree Care Operations. 15. Contractor will keep a tree trimming report and time card of each tree trimmed. See Exhibit B. These reports and time cards will be submitted to the City of Ukiah on a weekly basis. Contractor will submit pay applications on a fifteen (15) working day schedule. 16. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Specifications 3. Bidding Schedule 4. Worker's Compensation Certificate 5. Exhibit A (Insurance Forms & Indemnification) 6. Exhibit B (Time Card for Contract Work) IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this 3rd day of February , 20 10 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: Attest: Title: CITY/MANAGER, CITY OF UKIAH The foregoin contract is approved as to torm ana iegaay mis _ ATT RIVE ITY OF UKIAH day of 2 0 10 20