HomeMy WebLinkAboutSkyview Tree Experts 2024-07-11 COU No. 242 5-07 4
AIRPORT TREE TRIMMING
sHomx FoRm coNSTRuCTION ckuTRACT
This ree ri t is made and eritere d on Ju 1y 11 th o 2021, in Ukiah,
California~, by and between Skyview Tree Experts, Inc. , a
corpo rat join ("Cont rant Dr'') and the City of Ukiah (n Gi ty") , a general
jaw municipal corporation.
&ILCITA.F:
1 . The plans and specifications for this ,,irk ('tire Work")
are contained in Exhibit A - Sid SpeCifi-c&tion, ubich is attached
hereto and incorporated h-a rein by this reference-
2. Contractor is properly licensed and qualified to pe r#o rm
the work.
3. wh-eAever this Agreement calls for City apprOva1 or
not i f i oat i on, the approval or notification must he signed by the
City Kanager or his of her designee.
wher,afora p in consideration of the fore in-g facts -orid the
terms and conditions as further utated herein, the parties hereby
agree as follows,
1. MYORkaffim oi' TM WORE
Contractor will perform the work as further provided hervirt.
1.1 Time of ftr£orumcm. Contractor shall C0MMQn0Q the Work
when re oei vi ng a formal Notice to Procaedp and $hall complete the
work within reasonable time after receiving Wotioe to Proceed♦
1.1 .1 . J -ctwck it appliGab:v] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work iv not completed before or upon the expiration of the
time x imit as set forth, damage, other than those; cost item$
identified in section 1 . 1 .2, will be sustained by the City and
that it is and will he impraoticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agr$ed that, subject to s-actions 1 . 13-1 . 14, below, the
Contras for will pay to the City the 9-am of five hundr-ed dollars
1
perform�$500.00) per day for each and every calendar day's delay be tend
the blow prescribed.
1 . 1 2 J aer it evictor In case the work called for
under this contract is not Completed within the time limit
stipulated herein, the City shall he" the right as provided
berinadderve, to extend the time of completion thereof. If the
tied limit be No extended, the City shall have the right to
cluorge to the Contractor and to deduct from the final payment
for the work the actual cost to the City of engineering,
inmpectiont superintendence and other overhaul expreng9a which
are directly Chargeable to the Contract and which accrue during
the period Of such extension, except that the Coat of final
unavoidable da lay* shall not be included in ouch chargeo.
1.2 a Montreal Contractor Will
perform the work in compliance with the Signs and specifications
set forth in the attached Exhibit A. If there is May inconsistency
Or conflict between the plans and the specifications, the
spacilicationes Will Dynamic . If there is any inconsistency between
the plans and low apeCifiCatioruS and than agreement, the terms of
this agreement shall prevail, unless eaDireSely Stated otherwise in
a particular Specification.
1.3 Contractor bumblebees items. Contractor will Ecrnish all
necessary labor, Materials, tools, equipment, add transportation
necessary to Work..,5.
1 .4 . 1 NO Contractor or subcontractor May bc listed on a
bid box tea=
sal for a public works project unless registered with
Section 1725 .5 [with limited exceptions free this requirement
for bid purposes only Other Count Code section 1�71,lba) ] .
1.4 .2 NO contractor Or SuldcOntzactor my be awarded a
contract for Public work on a public works project unless
[a Lothar Coca Section project is
Industrial Relations pu:ea.^9
payroll rMOrM directly to DLSE. All Contractors and
SUbcontraCtore Met furnish electronic certified payroll records
directly to the DME.
ntractor
peated to
st john
notices at the job .teas prescribe, by regulation. ,current.,.
CR
1.3Thes of:�q,...
1.51 contractor and any subcontractors shall pay
all Sochanick and laborers employed by them to work upon the Site
of the work unconditionally and without a ubsegient deductions or
rebate on any account the full amounts due at the time of payseent
at wage catea nor less :e;�r Co.t=.«e=
The �' r
Cut No. 2425-079
1.6 CITY my designers an architect, eng;inewar,
nctor.
acknowledgesother design Professional or other inSpeCloor �' InSixeCtOr') to
Hicamurvise and/Or inspect Contractor's parformance of the Work. The
Inspector shall nave no authority to chings the Work, the
compensation for performing the Work or the time ter completing the
Work wxthout City's prior written approval. City Shall notify the
(motractior in writing, if it designates an Inspector.
1.1 Site Contractor that it has
inspected the work site and any improvements invulving the Work and
satisfied itself as to the conditions which can affect the its crst Contractor bar Act Called on any representation Work Clif
OX Its Officers or employees as to the Condition of the site of the
houses or any coalition ttat Ought affect the Seat of performing
this Agreement.
graduate ..mpai.ma. All equipment, materials or
fixtures furnished by Contractor order this Abarkernment Shall be now
and Of the =at Suitable gradez for the intended purpose, unless
Otherwise
�tY�rovided
2.9 .
mottoes and crage-Y with all applicable laws, codes,
"ISO Send regulations. Twit Contractor Shall Secure anal Way for all
PwymmtSF fees# art licenses necessary for the proper execution a"
completion Of the work.
1.10 Pertmentakan be site Sued
Im;,ovements and shall not altar or dearge any portion thereof,
preserve and protect as site, grounds and any involved
�. The contractor
Supplier,
CM No. 2425-0ma
claim Bud all supporting data meet be delivered to the City within
45 dayS Of the comedienne unless from City specifies in writing a
lowneCer period. All claims for a time extension mot be approved by
the City acei incorporated into a wzittoam caurce cases
hiring unfamazable weather �zd Other Conditions, the Contractor
small porous Only Such portions of the work as shall not be damaged
thereby. No portions of the
k whose satistactory quality or
efficiency will be affected by
d orPoat night � a i o. .e„o�„ prosecution City, k
CAN No. 2425-079
or her in the performance Of the park under this
paying compensation for all hurfore worked in excess of :lot
publichours par day at not less Nunn 1 4 flags the basic rate of pay.
The Contractor shall forfeit to the City, AS a penalty, the Ann of
twenty-five dollars ($25.00) for each workman employed In the
execution of the contract by him or her or by Any subcontractor,
for sea calendar any during which such Taborer, worknown, on
excision is reVirmed or permitted to labor mine than eight hours in
violation Of the provisions Of section 1810 to 1816, inclusiver
(Article 3, Chapter 1, Part 7. Division 2) of the labor Crude of the
State Of California Aid any sets ammenclatory thereof,
CITY Shall pay tax Contractor for performance of this Agreadant
time and materials with a total not to exceed Amount of $4.725.00.
3.1 City shall pay any invoice for completed work, assal approved
by the City, within thirty t3O) days Of its receipt by City. all
PAY1081off owner this Contract shall be wade Upxr� the presentation of
Certifi catas in writing Down the City and shall sees that the work
COveredl by the payments has base done and tax payments thereof are
do@ In Accordance with this contract.
�n�im AND
4.1 �fiM�m. The Contractor shall do all of the work
and furnish all laborp mouterialar tools and appliances, except as
Otherwise herein expressly stipulated, nancessary or proper for
PerfOAMILIng and COVISIQUAS9 the park herein required in the manner
and within the ties herein specified. Twe Auction of any Specific
duty or liability Imposed upon the Contractor shall not be construed
as a limitation Or restriction at any general liability or Duty
iminseml Spun the Contractor by this contract, Amid reference to any
specific duty 01 liability Aging wave herein merely for the purpoae
of explaration.
The right of general supervisors by the City shall not "No the
Contractor an agent at the City Aid the liability of the Contractor
for All dama"s to Instance or to
WO NO. 2425-079
bmaUse Of Such general supervision.
until the complation Mae final eby the City of all the
work green and implied by this contract, big work shall be under
the Contractor's responsible care and stands. The Contractor Shall
za�ild, repair, restore and make gawa all injuries, disease, re-
meCtione and repeats, occasimund or tendered necessary by causes
Of any Mature whostSormser, Steepening only acts of Sid and none other,
to all Or any portions of Mae work, except as otherame stipulated.
TO the fullest extent; permitted by lawr Contractor slosell indecornify
and hold homeless the City and its officerar directorar agents, and
employees free aid against all claim, manages, losses ardi expenses
including but not limited to attorneys' fees, costs of suit, expert
witness fees and ashmsea and fees and costs of any neomusary private
investigators arising Out
in,u
the work, ponvocked that s attribroursible to bodily s�;u
coveringCCU NO. 2425-079
become due the Contractor major this contract as may los considered
necessary by the cityt Shall IN retained by the City until such
suits or claims for damages shall have been settled or otherwise
disposed 01 and satisfactory mainframe to that effect furnished to
the City.
4.2 Insurance. Contractor Shall Procure and maintain fox
the duration of the contract insurance against claims for
'midriff to permenD Or damaged to property which may arise from
Or in connection with the performance of the work hereunder by
the Contractort his agentsp representatives, employees or
Coverage Shall be at least as broad as!
A. Insurance Services Office Cmadercial (Amood.
Commercial General Liability - Completed
Clarrations Earn NO. CS 20 37 Is
B Insurance
es Office
orm
Sing,... v..,�;w; aa. , t.n.
C. Mcdourlm �a the
State of California and Employer' s Liability
4.2.2. Manage Troche; me Insurance
Contractor shall maintain limits no less than.
A. General liability! $2, 000,000 per conscience for
bodily injury, personal injury and property damage
complawridt
Liability
Insurance or other farm with a general aggregate
limit IS Used, either the general
ggregate thest
Shall apply separately to this =a .,
munc ;
injury
bill ly and p= damage. Insurance mmt a
$1000. 000 per accidewritten on an nt foreemployer's iry or disease.
4.2.3. Computation end Self-imposed
MY deductible$ or self-insured retentions dust be declared to
add approved by the City. The City my require the insurer to
"does or eliminate such deductibles or self-insured retentions
with Compact to the City, Its Officers, Officials, employees and
volunteers; or the Contractor to Province a financial guarantee
satisfactory to the City guaranteeing payment of losses and
related Investigations, claim administration and defense
expanded; or to Approve the deductible without a Varantor.
Proof of gonsural .ty.�w�... liability ,,,
are to contain, or be Mulkers" to contain, the following
A. The city, its Officarer officiald� men loyaaso and
respect to liability arising out of autessublies owder, leased,
hired or borrowed by or on behalf of the Contractor; and with
respect to liability arigind Out of work of Operations
Ford0umed by or on behalf of Me Contractor including
materials, Parts or equipment, furnished in Connection with
Such work or Operations. coastal liability compragoo can M
provided in the to= of an endorsement to the Contractor' s
insurance, or as a a Operate ic;to
B. Poor ; d � Polia amasses of cy
COU No. 2425 079
relatedC. For My claim insurance coverage Shall projeett the Contractor' s
to ry Morecambe with reaVeCt to
the City, its Officers, officials, and volunteers ,
My insurance or Self-insurance maintained by the Cityp Its
OffiCwora� Officials, Or volunteers Shall cat in
excess Of the ContraCtOro 0 insurance and Shall not contribute
with it.
D. Each insurance policy rempalred by this clause shall pas
endorsed to state that coverage shall Nor has by
either Forego except after thirty (301 days' prior written
notice by (azlifled mail, return receipt Cooperated, has been
given to the City.
E. Wor"t (This postacts this -Coverage shall not
extend to any indeassity, Coverage fez the active negligence of
the Additional insured in any Case where an agreement to
indjosedify the additional insured world he Invalid Under
SUbdivilion (b) of Section 2782 of Civil Code.
5.
This ArrewsLant pay Only be terrinated by City: 1) for breach
Of the agreement; 2) baoaQSS funds are no longer ilable to pay
Contractcy fox Soxvican provided Under this has abandoned add dean not wish to complete the oj.
I. take PO,,,,,,on Of all arterial and fixtures on the lob
Contractor any any o^he= „ ,�ffered ^, City a, a result of ,.,a breach.
COO No. 2425-079
Agreement Shall be interpreted or construed as Creating; or
establishing the relationship Of employer and employee between
contractor and city.
contractor SM11 Pay all estimated and actual federal add state
income and taxes that are due the State and fameral
government age small furnish and pery worrear's happensation insurance,
unemployment insurance add any other benefits required by law for
himself and his coployssear if any. Contractor "race to federally
aid hold City add its Officers, eyesore door ereplayeas harniess free
and against any claims or �s by damaged, state or local
rhydroccDC agencies fez any sent taxes Or minefitS due but not paid
1pf Contractor, inCls(li W the legal costs associated with de fending
assairst any audit, Claims, chunand or law Suit.
Contractor warrants and resersdamints that it is a properly
licensed for in@ work performed under this Agreement with a aid
Stantial investment in its business and that it maintains its own
Offices and Staff which it will Usse in performed under this
different.
10.
This ApOsefflant shall be governed by oral construed in accordance
with thw� Is" of the State Of California and any legal action
WFIO&MiAg the agreement Mgt INS filed and litigated in the proper
Court in manduriAc County, Mch party Consenting to Jurisdiction
ando venue of California state courts in gMmOiA0 County.
If any provision Of the Armament 18 held by a court of coms-
patent JUZiesdiction to bc invalbb Sold, or unenforceable, due
remaining provisions Shall nevarthedless Continue in full force and
affect without being impaired or invalidated in any way.
IN.
This hIreemant, including the exhibit& attached hereto,
Contains rho notice agreement Sunday the Parties and Supersedes all
prior and contemporaneous oral and written amendments,
understandings, and representations party the Portion . M
ampondments to this Agreement Shall be hindinj unless eamputer in
14
>, Providing no.,.. .E t.,. .ha.9. P«.d _. P .graph.
COu No. 2425-D7§
which Shall b-o deemed an originals and all of which together shall
constitute one and the same instrument. When executed using either
alternative., the executed a-greement shall be deemed an original
admissible as avid@nc@ in any administrative or judicial
@tote-eding to Prove the terms and content of this Ag reement_
WREREFORE, the parties have entered this agreement on the date
£izst written Gov■.
c0 CAR CITY OF UKIAH
Sage Sanglacomo
City Man2q8r
California Cont=aatt=le License Neer [§ijefthmr nI N/aj
l�
REQUEST FOR BW
Cltyof Mksah m wH mmn
BE
..ewi f.o."; ZML
x Taw-' h. lnc
S..1o.Rom, . UT 9540'1
Exhibit A
REQUEST FOR BID
City of Ukiah
SPECIFICATION E30974
AIRPORT TREE TRIMMING
JUNE 12, 2024
Bid Due Date
2:00 PM JULY 3, 2024
I. Introduction
City of Ukiah is seeking bids from qualified Contractors to provide all necessary materials,equipment
and labor to trim approximately 10 trees located on properties adjacent to the Ukiah Airport.The addresses of
properties where work is to be performed are 1125 S State St., 1175 S State St. and 121 Norgard Ln.,
Ukiah.
II. Bid Procedure
PLEASE TAKE NOTICE: This Request for Bid(RFB)is issued as an open market purchase under
Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law
governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion
of the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code
encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the
internet,to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does
use City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be
placed on the City's bidder's list.
III. Contact Person
The City has designated Myles Fisette, Purchasing Manager, as the contact person for questions
related to the work requested. Questions are to be submitted in writing, and can be done so by e-mail at
mfisette(kcityof ikiah.com.
IV. Examination of the Site
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions,
construction and labor required so that he or she may fully understand the facilities, difficulties and
restrictions attending the execution of the work as requested in this Request for Bid.Bidders shall thoroughly
examine and be familiar with these specifications. The trees are located on private property and property
rights must be observed and respected during site examination. The failure of any bidder to receive or
examine any form, addendum, or other document, or to visit the site and acquaint himself with conditions
there existing,shall in no way relieve the bidder from any obligation with respect to his or her proposal or to
the contract.
V. Bid Submittal Instructions
Bids can be submitted in hardcopy or by email. Bids are due on or before 2:00 p.m.,July 3,2024
to:
City of Ukiah Purchasing Department
Attn: Myles Fisette
411 West Clay Street
Phone: (707)463-6225
Email: mfisette(kcityof ikiah.com
It will be the sole responsibility of the bidders to have their bids delivered to the City before the
closing hour and date.Late bids will not be considered and will be returned unopened to the sender.The City
will not be responsible for any cost incurred by the Contractor in preparation of their bid response.
VI. Scope of Work
The City of Ukiah requests bids that include all necessary materials, equipment and labor to trim
approximately 10 trees on properties adjacent to the Ukiah Airport, 1403 S. State St. Ukiah, CA 95482.
City of Ukiah Spec#E30974 Airport Tree Trimming-RFB
Locations of the trees are 1125 S State St., 1175 S State St. and 121 Norgard Ln.,Ukiah.
Pictures of the trees are provided here as Attachment A. Contractor is to trim the trees to the height as
indicated on the attachment.
All work performed must following the City of Ukiah Tree Management Guidelines, provided here as
Attachment B.
Tree trimming work shall include all brush chipped.Total clean-up is required,including all wood chips and
debris.
Upon completion of work,the area shall be cleaned to a condition at least equal to that which existed prior to
the commencement of the work.
Undergrowth and adjacent structures sustaining damage or injury due to the work shall receive corrective
action—after discussion and approval of City of Ukiah.Contractor shall be solely responsible for any and all
damages extending from the tree removal. Contractor shall restore all damaged property to its original
condition at his/her own expense.
Contractor will be responsible,in accordance with Construction Safety Orders of the Division of Industrial
Safety,State of California,to ensure the least possible obstruction to traffic and inconvenience to the general
public, and adequate protection of persons and property in the vicinity of the work.
Work will not be considered complete until final inspection has been made by the City staff, and work has
been completed to his/her satisfaction.
VII. Measurement and Payment
The bid price for this work shall be lump sum, and consist of all labor, materials, equipment,
applicable fees, including tax (8.875%) and freight necessary to perform the work as described in this bid
specification.
VIII. Terms
The City asks that vendors specify their desired payment preferences in their bid response.The actual
payment terms of the contract will be open for negotiation during the contract phase. If no special payments
are requested prior to issuing the work,the City will assume net 30 terms.
The City reserves the right to award to the lowest,responsible bidder. The City also reserves the right
to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do
so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the
awarding of the bid. In addition,the City reserves the right to make the selection of specific parts of a bid,or
multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City
reserves the right to reject any or all bids. The awarded contractor will enter a"Short Form Construction
Contract",Attachment C.
IX. Addenda
If it becomes necessary to revise any part of this Request for Bid(RFB)after it has been issued,the
3
City of Ukiah Spec#E30974 Airport Tree Trimming-RFB
City will issue an addendum to the RFB containing the revision. All addenda will be posted on the City's
website at www.cityofukiah.com/purchasing with the rest of the RFB documents. Anyone who intends to
submit a bid in response to the RFB must check the website frequently for any posted addenda. Anyone
submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
X. Warranty
Unless otherwise indicated, the Contractor must provide a 1 year workmanship warranty from the
date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or
workmanship which fail during this warranty period.
XI. Bidder Oualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track record
and a proven product. Contractors are asked to provide the information requested under Work Performance
History Capability. References are to be those who you have performed similar scope of work as asked for in
this RFB.References are to include the contact name and phone number.A minimum of three references are
requested.
XII. Insurance Requirements
Bidder's attention is directed to the insurance requirements—see Attachment E. Contractors shall
furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's
Compensation laws of the State of California,Comprehensive General Liability and Business Auto Insurance
with policy limits of not less than$2,000,000 naming the City as an additional insured parry.
It is highly recommended that contractors confer with their respective insurance carriers or brokers to
determine in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance
requirements,that contractor may be disqualified from award of the contract.If you have questions regarding
the City's requirements,please contact the City's Risk Manager at 707-463-6287.
XIII. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials,parts and equipment furnished pursuant to
these specifications shall be in compliance with the laws and regulations of the State of California and OSHA.
The contractor shall, if requested by the City, supply certification and evidence of such compliance.
2) Payment Bond: As per California Civil Code Section 9550, a direct contractor that is awarded a
public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall,
before commencement of work, give a payment (material and labor)bond to and approved by the officer or
public entity by whom the contract was awarded. Please refer to Attachment D for a copy of the sample
forms.
3) Legal Requirements and Permits: The contractor agrees to fully comply with all local,City,State and
Federal laws,regulations and ordinances governing performance of contractual services required,and it will
be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances,
including the actual cost of licenses.
4) License Requirements: Bidder/Contractor must possess a current State of California contractor's
license and a City of Ukiah business license. (For information business license, please contact Kathy
Norris, City of Ukiah Finance Department at 707-463-6202.)
a) The Contractor shall possess a valid State of California Class D49 license.Bidder shall provide proof
of possession of the proper licenses and certificates of registration necessary to perform the work.
Employees actually performing the tasks shall provide proof of proper certificates of registration for
same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project.
4
City of Ukiah Spec#E30974 Airport Tree Trimming-RFB
c) Where subcontractors/jobbers are used,bidder shall provide the City with proof of proper
licenses, certificates and proof of insurance for work performed.
5) Notice to Bidders—Contractor Registration and Prevailing Wages No contractor or
subcontractor may be listed on a bid proposal for a public works project unless registered with
the Department of Industrial Relations pursuant to Labor Code section 1725.5[with limited
exceptions from this requirement for bid purposes only under Labor Code section ]771.1(a)]. No
contractor or subcontractor may be awarded a contract for public work on a public works
project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5. The prime contractor shall be responsible for posting job site notices as
prescribed by regulation. This project is subject to compliance monitoring and enforcement by
the Department of Industrial Relations.
Public Works Small Project Exemption: Small project exemption means that contractors who
work exclusively on small projects are not required to register as public works contractors or file
electronic certified payroll reports for those projects. However,prevailing wages must still be
paid on projects with small project exemption. Contractors are still required to maintain certified
payroll records on a continuous basis, and provide those records to the Labor Commissioner's
Office upon request. Small project exemption is applied based on the amount of the entire
project,not a contractors subcontracted amount of the project. Small project exemption applies
for all public works projects that do not exceed: $25,000 for new construction, alteration,
installation, demolition or repair; and$15,000 for maintenance.
Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project
under this contract shall be paid,pursuant to provisions of Section 1770, including amendments
thereof, of the Labor Code of the State of California, the Director of the Department of Industrial
Relations, State of California,has ascertained the general prevailing rate of wages for straight
time, overtime Saturdays, Sundays and Holidays including employer payment for health and
welfare,vacation,pension and similar purposes, copies of the General Prevailing Wage
Determination (applicable to the work), for the locality in which the work is to be done can be
reviewed at Website: www.dir.ca.gov/dlsr/pwd/northem.html .
The Labor Commissioner through the Division of Labor Standards Enforcement(DLSE) may at
any time require contractor and subcontractors to furnish electronic certified payroll records
directly to DLSE. For projects that do not meet the "Public Works Small Project Exemption",
contractors and subcontractors must furnish electronic certified payroll records directly to the
DLSE.
5
Attachment A
Approximate
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