HomeMy WebLinkAboutAgenda Report - December 21, 2011 C-09AGENDA ITEM Ca9
CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDATITLE: Adopt Resolution Authorizing City Managerto Execute Contractwith BerndtTree
Service, of Lodi, for Removal of 41 Modesto Ash Trees ($22,000) and Appropriating
Funds ($15,000)
MEETING DATE: December 21,201 1
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute contract with
Berndt Tree Service, of Lodi, for removal of 41 Modesto Ash trees in
the amount of $22,000 and appropriating funds ($15,000).
BACKGROUND INFORMATION: Trees are a benefitto the urban environment. Healthytrees reduce
air and noise pollution, provide energy-saving shade and cooling,
furnish habitat for wildlife, and provide an important aesthetic value
to the landscape. As a result, the City removes trees only when it is in the interest of the public's safety or
expense. In 2002, the City hired a companyto inventory and evaluate Lodi's urban forest. One of the
company's recommendationswas to eliminate Modesto Ash trees from our inventory because they are
prone to 1) mistletoe; 2) a condition known as "included" bark, which leads to major limb splits; and
3) excessive pruning requirements that over time results in disfigured trees.
This project includes the removal of 41 Modesto Ash trees from various streets within the City of Lodi.
Specifications for this project were approved on October 5, 2011. The City received the following five bids
for this project on November 3, 2011.
Bidder
Location
Bid
Engineer's Estimate
$30,000
Berndt Tree Service
Lodi
$22,000
West Coast Arborists
Anaheim
$28,470
A -Plus Tree Service
Vallejo
$29,970
Grover Landscape
Modesto
$46,760
Jensen Tree Services
Roseville
$64,982
FISCAL IMPACT: The trees are in poor condition and are a liability to the City.
FUNDING AVAILABLE: Budgeted FY2010/11
Street Measure K Maintenance (325314): $15,000
Additional Appropriation
Street Measure K Maintenance (325314): $15,000
$30,000
Jin Ayers
Deputy City Manager/ln)ernal Servicespirector )�
u 20 ."06-f—
F. Wally S de In
Public Works Director
Prepared by Kathryn E. Garcia, Compliance Engineer
FWS/KEG/pmf
cc: Deputy PublicWorks Director— Utilities
APPROVED:
radt Bartlam,
KAW RCOUNCIU2011 WwardTreeRemoval.doc
Manager
12/7/2011
MODESTO ASH TREE REMOVAL 2011-2012
CONTRACT PAGE1
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 II 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.
R\GROUP\STREETS\TREES\MODESTO ASH\Contracts\2011-2012\MODESTO ASH REMOVAL CONTRACT 2011-12.doc
MODESTO ASH TREE REMOVAL 2011-2012
CONTRACT PAGE2
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 to complete the bid item tree and stump removal as specified in
the bid summary. 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.
MODESTO ASH REMOVAL 2011-2012
ITEM 1. TREE & STUMP REMOVAL
Item 1 consists of removing forty-one (41) Modesto Ash trees at the locations reflected below,
including property owner notification, mobilization, tree removal, off haul and disposal of all
cuttings and stump grindings; included stump grindings shall be performed to a depth of 18
inches below existing grade; including the backfill and compaction of all depressions resulting
from the stump grinding work and repair/replacement of any irrigation system components
damaged as a result of the work.
Location
Quantity
Address
Diameter at
Breast Height
(DBH `inches)
Cost Per
Location
1
2
22
S
California St
21 to 31
$1,400
2
1
420
S
Central Ave.
28
$800
3
3
912
S
Central Ave.
13 to 24
$1,000
4
1
706
S
Church St.
18
$350
5
1
724
S
Church St.
25
$850
6
1
734
S
Church St.
21
$500
7
2
1000
S
Church St.
33
$1,900
8
1
1206
S
Church St.
19
$400
9
1
1210
S
Church St.
19
$300
10
1
209
W
Eureka Ave.
26
$500
11
1
209
W
Eureka Ave.
26
$500
12
1
504
W
Falls Ave.
25
$500
13
1
508
W
Falls Ave.
21
$400
14
1
509
W
Falls Ave.
20
$500
15
2
512
W
Falls Ave.
30 to 24
$1,200
16
4
515
W
Falls Ave.
25 to 27
$1,900
17
1
224
N
Garfield St.
24
$750
MODESTO ASH TREE REMOVAL 2011-2012
CONTRACT
PAGE 3
Location
Quantity
Address
Diameter at
Breast Height
(DBH) (inches)
Cost Per
Location
18
2
810
N
Grant Ave,
28
$1,200
19
1
501
W
Locust St
19
$750
20
2
805
W
Locust St
23 to 29
$1,200
21
5
340
W
Louie Ave.
12 to 19
$1,500
22
1
508
W
Pine St
32
$750
23
2
622
W
Pine St
16 to 25
$900
24
1
226
S
Pleasant Ave.
23
$750
25
2
29
S
Washington St
26 to 29
$1,200
Total
$22,000
References must be submitted with bid proposal as described in Section 2.1400
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.
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 VIII 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:
Ninety (90) Calendar Days after receipt of the Notice to Proceed.
R:\GROUP\STREETS\TREES\MODESTO ASH\Contracts\2011.2012\MODESTO ASH REMOVAL CONTRACT 2011-12.doc
MODESTO ASH TREE REMOVAL 2011-2012
CONTRACT
PAGE 4
WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF
COMPLETION FOR THIS CONTRACT IS REASONABLE AND 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 UNDER THE CONTRACT.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written below.
CONTRACTOR
Authorized Signature
Title
TYPE OF ORGANIZATION
Individual, Partnership or Corporation
Address
CITY OF LODI
a Municipal corporation
Konradt Bartlam
City Manager
Attest:
Randi Johl, City Clerk
ov d as to
D. ep n Schw b -a air
City Attorney
Dated:
(Affix corporate seal if Corporation)
Telephone
1. AA#
2. JV#
6. REQUEST ADJUSTMENT OF APPROPRIATION
FUND # BUS. UNIT #
AS LISTED BELOW
ACCOUNT # ACCOUNT TITLE AMOUNT
A.
325
325000
7700
Capital Projects New
$ 15,000.00
SOURCE OF
325
3205
Fund Balance
$ 15,000.00
FINANCING
B.
325
325314
7323
Tree Removal
$ 30,000.00
USE OF
FINANCING
I
7. REQUEST S MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
FY 11/12 Contract for Modesto Ash tree removals Reallocate $15,000 approved in the budget to the appropriate capital
.business unit and appropriate additional $15,000
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 12/21/2011 Res No: /j Attach copy of resolution to this form.
Department Head Signature:
uty City Manager/internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2011-197
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACT FOR REMOVAL OF 41 MODESTO ASH
TREES, AND FURTHER APPROPRIATING FUNDS
------------------------------------------------------------------------
------------------------------------------------------------------------
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 November 3, 2011, at
11:00 a.m., for the removal of 41 Modesto Ash trees, described in the specifications therefore
approved by the City Council on October 5, 2011; and
WHEREAS, said bids have been checked and tabulated and a report thereof filed with
the City Manager as follows:
Bidder
Bid
Engineer's Estimate
$
30,000
Berndt Tree Service
$
22,000
West Coast Arborists
$
28,470
A -Plus Tree Service
$
29,970
Grover Landscape
$
46,760
Jensen Tree Services
$
64,982
WHEREAS, staff recommends awarding the contract for the removal of 41 Modesto Ash
trees to the low bidder, Berndt Tree Service, of Lodi, California, in the amount of $22,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the contract for the removal of 41 Modesto Ash trees to the low bidder, Berndt Tree Service, of
Lodi, California, in the amount of $22,000; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract on behalf of the City of Lodi; and
BE IT FURTHER RESOLVED that additional funds in the amount of $15,000 be
appropriated from Street Measure K Maintenance for this project.
Dated: December21, 2011
------------------------------------------------------------------------
........................................................................
hereby certify that Resolution No. 2011-197 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 21, 2011, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
4V IJOHL
City Clerk
2011-197