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HomeMy WebLinkAboutC-1564 A`w e` I S (o %R oll CITY OF ARCADIA CALIFORNIA BID DOCUMENTS FOR sly /g y - /-7,L- TREE MAINTENANCE PROGRAM 96/97 CONTRACT AMOUNT $203,536 97/98 CONTRACT AMOUNT $203,536 DR. SHENG CHANG CITY COUNCIL BARBARA D. KUHN, MAYOR ROBERT C. HARBICHT GARY A. KOVACIC MARY B. YOUNG WILLIAM R. KELLY CITY MANAGER PAT MALLOY MAINTENANCE SERVICES DIRECTOR Agreement (Tree Trimming) THIS AGREEMENT, made and executed this 21st day of January, 1997, between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California 91007, (hereinafter referred to as "CITY ") and West Coast Arborists whose address is 2200 E. Via Burton Street, Anaheim, CA 92806 referred to as "CONTRACTOR ". Section 1.Recital regarding contract purvose and term of contract Witnesseth, that for an in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these present and hereunto annexed, and the Contractor agreed with said City, at his own proper cost and expense, to do all the work and furnish all the materials such as necessary to trim all trees in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with Exhibits "A -E" and are specifically referred to and by such references made a part hereof. Subject to Section 7, and to the termination provisions of this agreement, this agreement shall terminate on June 30, 1998. Section 2.Contractor Commitment Contractor agrees to receive and accept the prices in this contract (Exhibit D) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement including additional terms if contract term is extended; and also for all loss or damage arising out of the nature of the work aforesaid, or for the action of the elements, or from any unforseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until it acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the specifications, and the requirements of the Maintenance Services Director under them. Section 3.City Commitment City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth; and the said parties for 1 n r themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. Section 4.0 Prevailing Wage. The City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the Maintenance Services Director. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by the Labor Code Sections 1771 and 1774 of the State of California. Section 4.1 The Contractor shall, as a penalty to the City of Arcadia, forfeit twenty -five dollars ($25.00) for each calendar day or portion thereof for each work paid (either by Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. Section 4.2 Section 1773.8 of the Labor Code of the State of California, regarding the payment for travel and subsistence payments, is applicable to this contract. Section 4.3 Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more. Section 4.4 In the performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et. Seq.) Of the Labor Code of the State of California, and shall forfeit to the City as penalty, the sum of twenty -five dollars ($25)for each worker employed in the execution of this contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one said calendar day and forty (40) hours in one week in violation of said Article. Contractor shall keep an accurate record showing the 2 V *Ole w name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work. Section 4.5 Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, at sea., in general. Section 4.6 Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self - insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. Section 5.0 Indemnification and Defense. The Contractor shall defend, indemnify and save harmless the City of Arcadia and all officers and employees thereof from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workmen and the public, or damage to property resulting fro the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work. The defense of indemnification by Contractor shall include all costs and expenditures including attorney's fee incurred by the City of Arcadia or its employees, officers or agents with respect 3 M M to such claims or suit and Contractor will, if requested by City of Arcadia, defend any litigation arising out of such claims at the sole cost and expense of Contractor In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Arcadia may be retained by the City until disposition has been made of such claims for damages as aforesaid. Section 6.Insurance. The Contractor shall take out and maintain during the life of the contract comprehensive automobile and general liability insurance that provides protection from claims which may arise from operations or performance under this contract. This amount of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00 The following endorsements must be indicated on all certificates of insurance: 1. The City of Arcadia and Arcadia Redevelopment Agency, its elective and appointive boards, officers agents and employees are named as additional insured in the policy as to the work being performed under the contract; 2. The coverage is primary and no other insurance carried by the City of Arcadia will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The policy limits or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; 6. The policy covers personal injury as well as bodily injury liability; 4 7. The policy covers explosion, collapse and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non -owned automobiles; and 10. The coverage shall not be canceled nor materially altered unless thirty (30) days' written notice is first given to the City Arcadia. Contractor shall furnish the City of Arcadia with satisfactory proof of insurance coverage as required. Section 6.1 Worker's Compensation Insurance. Pursuant to the requirements of Section 1860 of the Labor Code (Chapter 1000, Statutes of 1965), Contractor shall take out and maintain, during the life of this contract, workmen's compensation insurance for all his employees employed at the site of improvement, and if any work is sublet, Contractor shall require subcontractor similarly to provide workmen's compensation insurance for all of the latter's employees. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or any subcontractor's to take out or maintain such insurance. Section 7. Extension of Term Prior to one hundred twenty (120) days before the end of the initial term of this contract (June 30, 1998) . Contractor shall advise City in writing of its intent to extend the term of the contract for an additional term of one (1) year to commence on the first (1st) day following the last day of the initial term and on the same terms and conditions as prescribed for the mutual term, or upon different terms which Contractor shall specify in writing. City shall, within thirty (30) days of receipt of such advice, notify contractor in writing of its acceptance or rejection or such extension. These provisions regarding extension shall be applicable to each succeeding one (1) year term if granted, for total of three (3) such terms. Section 8.Assignment of Contract. Contract shall under no circumstances assign this contract to another party without the express consent of the City Council. E 'V i✓ Section 9.Failure to Perform If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this contract, the City, after written notice to the Contractor, may without prejudice to any other remedy it may have make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor; provided; however, that the Maintenance Services Director of said City shall approve such action and certify the amount thereof to be charge to the Contractor. It is expressly understood and agreed that the Contractor herein named in the furnishing of all labor, services, materials and equipment and performing the work as provided in this contract is at the express consent of the City Council. Section 10.Termination During Contract Period In the event that any of the provisions of this contract are violated by the Contractor, the City may terminate the contract by serving written notice upon the Contractor of it intention to terminate such contract and unless adequate response to the satisfaction of the City Manager, is made by the Contractor within ten (10) days, the contract shall cease and terminate. In the event of any such termination for the reason above mentioned, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event of any such termination, for other causes, authorized by law or other provisions of this contract. Section 11.Performance and Payment Bonds, The Contractor shall secure the City of Arcadia for the faithful performance of his duties and payment of lawful obligations under this contract by means of a Faithful Performance Bond in the amount of ($407, 072) and a Labor and Materials Payment Bond in the amount of ($407,072) whereby the City of Arcadia shall be made the beneficiary thereof and all costs and premiums shall be paid by said Contractors. Said bonds will be furnished on a year to year basis and shall be issued by a surety company rates Grade A or better and Class IX or getter by the latest edition of Best's Key Rating Guide. Section 12.Law to be Observed The Contractor shall keep himself fully informed of all existing and future State and National Laws C, and all Municipal Ordinances and regulations of the City of Arcadia which in any manner affect those engaged or employed in the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. He shall at all times observe and comply with all such existing and futures laws, ordinances, regulation, order or decree, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the specifications (Exhibit "C "), or contract for the work in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the Maintenance Services Director in writing. Section 13.Labor Discrimination Attention is directed to the Labor Code which provides that no discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons and every Contractor or public works violating this section is subject to all the penalties imposed for a violation of the chapter. Section 14.Permits and Licenses The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and law prosecution of the contract. Section 15.Patents.The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work. Section 16.Public Convenience and Safety The Contractors shall so conduct his operation as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with the current "Manual of Traffic Controls, Warning Signs, Lights and devices for use in Performance of Work Upon Highways" published by the State of California, Department of Transportation, or as may be deemed necessary by the Maintenance Services Director to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof. 7 `r✓ V Section 17. Responsibility for Damage. The City of Arcadia, the City Council, or the Maintenance Services Director shall not be answerable or accountable, in any manner, for any loss or damage that happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or this public; for damage to adjoining property from any cause whatsoever during the progress of the work or at any times before final acceptance. The Contractor shall indemnify and save harmless the City of Arcadia, the City Council, and the Maintenance Services Director from any suits, claims or actions brought by any person or persons for or on account of any injuries or damage sustained in or arising from the work or in consequence thereof. The City may retain as much of the money due to the Contractor as shall be considered necessary, until disposition has been made of such. Section 18.No Personal Liability Neither the City Council, The Maintenance Services Director, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under this contract. n M en Section 19.Contractor's License The Contractor shall present his or her Contractor's pocket license or certificate or licensure and provide a signed statement which swear under penalty of perjury, that the pocket license or certificate of licensure presented is his or hers, is current and valid, and is in a classification appropriate to the work to be undertaken. In Witness Whereof, the parties have hereunto set their hands and seals the year and first above written. THE CITY OF ARCADIA BY : Gr.C/L ?d Mayor (Seal) Attest: q�iy Clerk Approved as to form: C4,2 City Atto ney w WEST C AST ARBORISTS, Inc. BY: President BOND NO. CC3304 Exbibit A PREMIUM: $2,931.00 Tyr nen�orrro►xc$ a� FINAL PREMIUM WILL BE Fd�.�..�• ADJUSTED RASED ON. ioo� oe evatracr Vries FINAL CONTRACT PRICE XIOW ALL pM059 BY THESE MESENTS : That WEST COAST ARBORISTS, INC. hereinafter referred to as "CON TRACTOR' as BRXNCIFAL, and CONTRACTORS BONDING AND INSURANCE COMPANY A corporatsori duly organized and doing busineas under and by virtue of the laws of the State of California and duly licensed for the purpose of waking, iguaranteeI or becoming sole suretty upon bonds 65 Surety r'eferredetoheld as the «CiTy bound unto the CITY O in the sum of Four Hundred Seven Thousand Seventy Two F. 001100th4 Hollers �$ 407,072.00 ? lawful money of the United States of America for the Dollar% ($ which sum, well and truly to be made, we bind ourselves, our heirs, payment executors, administrators, assigns and successors, jointly and severally, firmly by these presents. TRB. CONDITIONS OF THIS OBLIGATION UZ SUCFt, that whereas said Contractor has been awarded and is required pursuant to he c ntract documents Contract the project entitled: tledrfasm all wank 1997 -1998 Tfee Maintenance Contract (2/1/97 - '6130J98) which Contract is by this reference incorporated herein, and is required by the City t6 give this Bond in connection with the execution of said Contract; ZMW, TMMFORLP. if maid contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation 'shall be null and void, otherwise it shall be and remain in full force and effect; riavinzo. that any alterations in the work to be done, cr in the material to be furnished, which may b4 made pursuant to the terms of said Contract, shall not in any way release said Contractor or the surety thereunder, nor shall any extensions of time granted tinder the provisions of said Contract release either said Contractor or said Suret,, and notice of such alterations of extensions of the Contract is hereby waived yby said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's tee to be fixed by the Court. s WIT=ZZ CEOF, we have hereunto net our harzd9 and seals this 24TH day of JANUARY 19 97 WEST COAS ARBOJRISTS, INC. CONTRACTORS BONDING AND INSURANCE COMPANY sriacspal suritY by- Hy �WILLI �� ATTO -TN -FACT w � NOW AMENDMENT TO THE TREE MAINTENANCE PROGRAM CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND WEST COAST ARBORIST INC. This Amendment ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation in the state of California, and West Coast Arborists Inc. with respect to that certain Agreement between the parties dated January 21,1997 ( "Agreement "). The parties agree as follows: 1. Pursuant to Section 7.01 of the Agreement, the term of the Agreement is extended to and including June 30, 2004. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment on the date set forth below. CITY OF ARCADIA 01., iU, L' i Z• I (SEAL) ATTEST: ity Clerk , APPROVED AS TO FORM: City Attorney CONTRACTOR By Patrick Mahone Title President