HomeMy WebLinkAboutAgenda Report - August 15, 2012 C-10AGENDA ITEM C640
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Contract for 2012
Church Street Mistletoe Trimming and Tree Removal with Berndt Tree Service, of
Lodi ($42,500)
MEETING DATE: August 15,2012
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute contract for
2012 Church Street mistletoe trimming and tree removal with Berndt
Tree Service, of Lodi, in the amount of $42,500.
BACKGROUND INFORMATION: This project, originally part of the Fiscal Year 2012/13 tree
maintenance project, provides for the removal of mistletoe and
structural pruning of up to 150 trees and the removal of 45 dead/dying
trees on Church Street between Lodi Avenue and Kettleman Lane. An objective of this contract is to
improve the health of our urban forest and reduce costs associated with this effort.
Mistletoe is a parasitic plant that grows in several different species of trees. The trees located on
Church Street are heavily infested, While trees can tolerate mistletoe infestations, heavy mistletoe
infestations can weaken and kill the host tree. The best time for mistletoe removal is when the trees have
few leaves. Therefore, the bulk of this work will be scheduled in the fall. The tree removals will proceed
as soon as the contract is executed. All trees removed will have new trees replanted in the same
locations by City staff.
Specificationsfor the FY 2012/13 tree maintenance projectwere approved on April 18, 2012. As noted in
the staff reportfor the award of that project on June 20, 2012, the mistletoework was removed from the
main contract and bid separately. The City received the following five bids for this project on July 25, 2012.
The Engineer's estimate for the work was $45,000.
Bidder
Location
Bid
Berndt Tree Services
Lodi
$42,500.00
West Coast Arborist
Anaheim
$45,000.00
A -Plus Tree Service
Vallejo
$58,230.60
Acampo Tree Service
Acampo
$65,000.00
Rumble Tree & Turf
Modesto
$84,000.00
FISCAL IMPACT:
Tree maintenance improves tree health, which will reduce the number of
emergency calls and City liability for damage
by falling trees.
FUNDING AVAILABLE: Street and D ainage operating account (3215036): $42,500
Jordan Ayers Ir
Deputy City Manager/Intern Services Director
F. Wall andelin
Public Works Director
Prepared by Kathryn E. Garcia, Compliance Engineer
cc: Deputy Public Works Director— Utilities Compliance Engineer
0220904-91
Konradt Bartlam, City Manager
K:\WP\COUNCIL\2012\AwardMistletoe.doc 8/6/2012
CHURCH STREET MISTLETOE ERADICATION 2012 CONTRACT
THIS CONTRACT, made by and between the CITY OF LODI, State of California, herein
referred to as "City" and BERNDT TREE SERVICE herein called "Contractor."
WITNESSETH:
That the parties hereto have mutually covenanted and agreed, and by these presents do
covenant and agree with each other, as follows:
The complete contract consists of the following documents, which are filed in the Public Works
Department, which are incorporated herein by this reference, to -wit:
Notice Inviting Bids
Information to Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bond
The July 1992 Edition Standard
Specifications, State of California
Business and Transportation Agency,
Department of Transportation
All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are
intended to cooperate so that any work called for in one and not mentioned in the other is to be
executed the same as if mentioned in all said documents.
ARTICLE I That for and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by the City and under the condition expressed in the
bond bearing even date with these presents and hereunto annexed, the Contractor agrees with
the City, at Contractor's cost and expense, to do all the work and furnish all the materials except
such as are mentioned in the specifications to be furnished by the City, necessary to perform
and complete in a good workmanlike and substantial manner and to the satisfaction of the City
as shown and described in the Contract Documents which are hereby made a part of the
Contract.
ARTICLE 11 The City hereby promises and agrees with the Contractor to employ, and does
hereby employ, the Contractor to provide all services not supplied by the City and to do the work
according to the terms and conditions for the price herein, and hereby contracts to pay the same
as set forth in Section 5-100, of the General Stipulations, in the manner and upon the conditions
above set forth; and the said parties for themselves, their heirs, executors, administrators,
successors and assigns, do hereby agree to the full performance of the covenants herein
contained.
ARTICLE III The Contractor agrees to conform to the provisions of Chapter 1, Part 7,
Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension, vacation,
travel time, and subsistence pay, apprenticeship or other training programs. The responsibility
for compliance with these Labor Code requirements is on the prime contractor.
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ARTICLE IV And the Contractor agrees to receive and accept the following prices as full
compensation for furnishing the work contemplated and embraced in this agreement; also for all
loss or damage arising out of the nature of the work aforesaid or from the action of the
elements, or from any unforeseen difficulties or obstructions which may arise or be encountered
in the prosecution of the work until it's 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 Contract Documents and the requirements of
the Engineer under them, to -wit:
Perform the work necessary for the removal of 45 trees, as marked in the field, and the
eradication of mistletoe in up to 150 trees located on Church Street, between Lodi Avenue and
Kettleman Lane. Mistletoe eradication includes the removal of the mistletoe haustoria and
structural pruning of the tree according to the requirements of these specifications. All work
shall be completed in accordance with the standards set forth by the International Society of
Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.
ARTICLE V By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract.
ARTICLE VI It is further expressly agreed by and between the parties hereto that, should
there be any conflict between the terms of this instrument and the Bid Proposal of the
Contractor, then this instrument shall control and nothing herein shall be considered as an
acceptance of the said terms of said proposal conflicting herewith.
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DESCRIPTION
UNIT
UNIT COST
QTY
TOTAL COST
Removal of 45 Dead/Dying Trees
S M
$27,300.00
1
$27,300.00
Eradication of Mistletoe/ Structural
LUMP
$15,200.00
1
$15,200.00
Pruningup to 150 trees
SUM
Total
$42,500.00
ARTICLE V By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract.
ARTICLE VI It is further expressly agreed by and between the parties hereto that, should
there be any conflict between the terms of this instrument and the Bid Proposal of the
Contractor, then this instrument shall control and nothing herein shall be considered as an
acceptance of the said terms of said proposal conflicting herewith.
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ARTICLE VII The City is to furnish the necessary rights-of-way and easements and to
establish lines and grades for the work as specified under the Special Provisions. All labor or
materials not mentioned specifically as being done by the City will be supplied by the Contractor
to accomplish the work as outlined in the specifications.
ARTICLE Vill The Contractor agrees to commence work pursuant to this contract within 15
calendar days after the City Manager has executed the contract and to diligently prosecute to
completion within the allotted number of working days:
Number Working
of Trees Days
Mistletoe Removal/Structural pruning 150 30
Tree Removal 45 15
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WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF
COMPLETION FOR THIS CONTRACT IS REASONABLEAND THE CONTRACTOR AGREES
TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION 6-04.03 OF THE
SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE
DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDERTHE CONTRACT.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written below.
Dated:
CONTRACTOR
Authorized Signature
Title
TYPE OF ORGANIZATION
Individual, Partnershipor Corporation (Affix corporate seal if Corporation)
Address
Telephone
CITY OF LODI
a Municipal corporation
Konradt Bartlam
City Manager
Attest:
Randi Johl, City Clerk
Approved as to Form:
D. Stephen Schwabauer
City Attorney IK'
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RESOLUTION NO. 2012-137
A RESOLUTION OF THE LODI CITY COUNCILAWARDING
CONTRACTAND AUTHORIZING THE CITY MANAGERTO
EXECUTE CONTRACT FOR 2012 CHURCH STREET
MISTLETOE TRIMMING AND TREE REMOVAL
WHEREAS, in answer to notice duly published in accordance with law and the order of
this City Council, sealed bids were received and publicly opened on July 25, 2012, at
11:00 a.m., for the 2012 Church Street Mistletoe Trimming and Tree Removal, described in the
specifications therefore approved by the City Council on April 18, 2012; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with
the City Manager as follows:
Bidder Bid
Berndt Tree Services $42,500.00
West Coast Arborist $45,000.00
A -Plus Tree Service $58,230.60
Acampo Tree Service $65,000.00
Rumble Tree & Turf $84,000.00
WHEREAS, staff recommends awarding the contract for the 2012 Church Street
Mistletoe Trimming and Tree Removal to the low bidder, Berndt Tree Services, of Lodi,
California, in the amount of $42,500.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for the 2012 Church Street Mistletoe Trimming and Tree Removal to the low bidder,
Berndt Tree Services, of Lodi, California, in the amount of $42,500; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract.
Dated: August 15, 2012
I hereby certify that Resolution _ No. 2012-137 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 15, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS — None
DI JOHL
City Clerk
2012-137