HomeMy WebLinkAboutUtility Tree Service, Inc. 2016-02-01et)-(A- ,),[O (7 t 17 o
CITY OF UKIAH Mendocino
County, California
AGREEMENT
FOR
ELECTRIC UTILITY LINE TREE TRIMMING
AT VARIOUS LOCATIONS
THIS AGREEMENT, made this 1 STday of FEBRUARY , 20, 16 , by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and UTILITY TREE SERVICE, INC.
UTILITY TREE SERVICE. INC. 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 furnish 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 $ 46.85 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 Based on notice from City of the annual budget for tree trimming services under this Contract,
Contractor shall monitor the hours of work performed during the course of each fiscal year and
notify the City, when the amount billed or billable under the contract in that fiscal year equals 85%
of the amount budgeted for that year. Contractor shall not incur additional costs or perform
additional billable hours prior to receiving instructions from the City and shall not be entitled to
payment for services in excess of the amount budgeted by the City for contract services in that
fiscal year without prior written approval from the City.
2.3 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 riot 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.
2.4 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 Hen. 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.
2.5 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.
19
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) year 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
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 may be 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:
9.1 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 al[ 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.
20
9.2 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.
9.3 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.
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 attorney 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. Contractor Qualification Statement
3. Specifications
4. Bidding Schedule
5. Worker's Compensation Certificate
6. List of Proposed Subcontractors
7. Exhibit A (Insurance Forms & Indemnification)
8. Exhibit B (Time Card for Contract Work)
9. Exhibit C (City of Ukiah Tree Management Guidelines)
10, Exhibit D (Land Mark Tree Program Guidelines & Policies)
21
IN WITNESS WHEROF, this contract being executed In duplicate and the parties having caused their names
to be signed by authority of their duly authorized office this ► 1 day of i 12 t rt , 20 .
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
ay:
Attest:
By:
Attest:
Title:
CITY CLERK, CITY 05 UKIAH
( '
OR
gg sp un xecu ive ce President
Joseph 'P. Dwyer Secretary- Treasurer
Tho foregoing cont
proved as to f
Y, ITY
CITY
f>r
and le alltythis g day of /G%✓ h , 20 /e . •
22
EXHIBIT "A"
CITY OF
INDEMNITY AGREEMENT
This Indemnification Agreerment is made and entered in Ukiah, California, on FEBRUARY 1 , 20.E
by and between the City of Ukiah and UTILITY TREE SERVICE, INC, (Contractor), and hold harmless the
City of Ukiah and its officers, officials, employees, and designated volunteers from and against my
and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation)
of every nature arising out of or in connection with Contractor's negligent performance of work
hereunder or its negligent failure to comply With any of its obligations agreed to for said work or
negligent failure to comply with any instructions provided by City employees, except such loss or
damage which was caused by the negligence or misoonduct of t° o City of Ukiah.
GREGG G. ASPLUNDH
Print Name
7/D-- /
Date
23
BIDDING, SCBIii DULE
bESCRIPTION
UNIT PRICE BID
•
Tree Trimming, Including all labor and equipment, for an
hourly rate per crew member (minimum three (3) person
crew), for all hours worked on working and non- working
days.
$ 46.85
(Per Hour)
---
The undersigned, as bidder, declares that he has examined thoroughly the entire contract documents herein
contained, and-that this bid is made 'without collusion with any other person, firm or corporation, and that all
laws and ordinances relating to the interest of public officers in this contract have been complied with in
every respect. AND he proposes and agrees, if this bid is accepted, that he will contract with. the 'City of
Ukiah, Mendocino County, California, in the form of a copy of the agreement herein contained to provide all
necessary machiney, tools, apparatus, and other means of performance, to furnish all material; to provide all
supintendeence, overhead expenses, and all labor and expenses of whatever nature necessary for tree
trimming at various locations for the City of Ukiah, in conformity With the specifications and other contract
provisions heroin, or reasonably implied thereby or as necessary to complete the work in the manner and
within the Mime named herein and according to the requirements and to the reasonable satisfaction of the
Director of the Electric Department.
We, the undersigned, further agree, if this bid shall be accepted, to fora sh.the required Proof of Insurance
within tan (10) working days after Written notice that the bid has been accepted, and if the undersigned shall
fail to contract, as aforesaid, it shall ba understood that he has abandoned the contract; and that, therefore,
this bid shall be null and void.
Contractor agtees to accept all responsibility for loss or damage to any person or entity, and to defend,
rrdainni, hold harmless and release the City, its officers, agents and employees, from and against any and
all actions, claims, dainages, disabilities, or costs of litigation that may be asserted by any person or entity,
arising mit of or in connection with the negligent or willflil misconduct in the performance by contractor
hereunder, whether or not there is concurrent, passive, or active negligence on the part of the City, but
excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification
obligation is not limited in any way by any limitation on the amount or typo of damages or compensation
payable to or for Contractor or its agents under Worker's Compensation acts, disability benefits acts or other
employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property
arising front or in. connection With Contractor performance hereunder.
The undersigned declares they are familiar with these specifications for tree tramming and has carefully read
the requirements, checked all of the figures, and accepts full responsibility for any error or omission, .
Submitted by, (check one)
Individual Owner Partnership X Corporation _ Other
Legal Name of Contractor; UTILITY TREE SP_RiViSEJRC
Address of Contractor:. 2137 DO (;R DR, MODESTO, CA. 95351
Contractor Lic. No.: 797566 Expiration Data 7 -31 -17 Tai: IDs; 2;- ?737122
Department of Industdaaltlaticns Public Works l siration#/: 10000104/8
Phone Number: 709-4974940
By:
Fax Number: 209 - 572 -2627
!•`. � pate:
2/2/1 G
REGG. ASPLUNDH EXEQUTIVE VICE - PRESIDENT
(Title)
18
WORKER'S COM NSATZON CERTIFICATV
1 am aware of the provisions of Section 3700 of the Labor Code, which require every employer to
be insured against liability for 'Worker's Compensation or undertake self - insurance in accordance
with the provisions of that code, and 1 will comply with such provisions before commencing the
performance of the work ofthis contract_
W"1TNBSS iny hand this 2nddayof February
Signature of Bidder, with Business Address:
,2016
MODESTO, CA. 95351
(The bidder shall execute the cent f cation of this page at the thne of submitting. his bid)
19
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100 -4108 of the State Government Code and any amendments
thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who
will perform work or labor or render service to the Contractor in or about the construction site in an amount in
excess of one -half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor.
Include with the name of each sub - contractor their Department of Industrial Relations Public Works Contractor
Registration Number.
N/A
18