HomeMy WebLinkAboutFamily Tree Resource 2020-01-22COU No. lq ^ a l3
CITY OF UKIAH
Mendocino County, California
AGREEMENT
ELECTRIC UTILITY LINE TREE TRIMMING AT VARIOUS LOCATIONS
THIS AGREEMENT, made this 2 2 day of January 2020 by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City
and
Family Tree Resource, 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 $ 10 7 . 5 5 PP 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 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.
2.4 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 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.
2.5 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.
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)
ELECTRIC UTILITY LINE TREE TRIMMING 26 Spec No. 19-04
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 C. 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.
a. Notice to Bidders
b. Contractor Qualification Statement
c. Specifications
d. Bidding Schedule
e. Worker's Compensation Certificate
f. List of Proposed Subcontractors
g. Exhibit A (Indemnification)
h. Exhibit B (Insurance Requirement for Contractors)
i. Exhibit C (Time Card for Contract Work)
j. Exhibit D (City of Ukiah Tree Management Guidelines)
k. Exhibit E (Land Mark Tree Program Guidelines and Policies)
IN WITNESS WHEREOF, this contract being executed in chAplicate and the parties having caused their names
to be signed by authority of their duly authorized office this day of January , wit04.2. 2 0 2 0
CITY OF UKIAH, MENDOC ► O COUNTY, CALIFORNIA
By: , CITY
C, i•
Attest: I / V VlJ % CITY CLERK,
By:
Attest:
Title:
CITY OF UKIAH
Tanya Musgrave , Family Tree Resource, Inc. CONTRACTOR
Preside
20
The foregoing en ct is approv d as form and legality this 3 r� day of AAAA , 20197
�1=tYTIO , CI Y—F5F
ELECTRIC UTILITY LINE TREE TRIMMING
28
Spec No. 19-04
EXHIBIT "A"
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on January 2 2 ,
20 20 , by and between the City of Ukiah (Ukiah) and Family Tree Resource, Inc .
(Contractor).
Contractor is
Family Tree Resource, Inc-- tree trimming & tree
removal contractor
for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will
protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and
employees from and against any claim, loss, or damage, including the legal and other costs of defending
against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance
under the work order attached hereto, except for claims, losses, or damages resulting from the sole and
exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY:
TITLE:
Od
President,
Family Tree Resource, Inc.
ELECTRIC UTILITY LINE TREE TRIMMING 29 Spec No. 19-04