HomeMy WebLinkAboutCurrent Tree Maintenance ContractAGREEMENT
THIS AGREEMENT, made on this ________________, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter
called the Owner) and BUNYON BROS. TREE CARE INC. (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required to complete all the work of
construction of
JOB ORDER CONTRACT 2018 – TREE MAINTENANCE, SPECIFICATION NO. 1000003
in strict compliance with the plans and specifications therefor, including any and all Addenda,
adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said
work performed and completed under the direction and supervision and subject to the approval of
the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in the
Contract Documents, the contract prices as follows:
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 20 Pruning – Broad Leaf and Conifer Trees
(3 to 6 inches DSH) EA 10 40.00 400.00
2 20 Pruning – Broad Leaf and Conifer Trees
(6 to 12 inches DSH) EA 140 70.00 9,800.00
3 20 Pruning – Broad Leaf and Conifer Trees
(12 to 24 inches DSH) EA 190 175.00 33,250.00
4 20 Pruning – Broad Leaf and Conifer Trees
(24 to 36 inches DSH) EA 150 350.00 52,500.00
5 20 Pruning – Broad Leaf and Conifer Trees
(36 to 42 inches DSH) EA 100 425.00 42,500.00
6 20 Pruning – Broad Leaf and Conifer Trees
(over 42 inches DSH) EA 20 600.00 12,000.00
7 20 Pruning – Palm Tree EA 60 205.00 12,300.00
8 20 Tree Removal (12 to 24 inches DSH) EA 5 475.00 2,375.00
9 20 Tree Removal (24 to 36 inches DSH) EA 5 750.00 3,750.00
10 20 Tree Removal (36 to 42 inches DSH) EA 5 1,200.00 6,000.00
11 20 Tree Removal (over 42 inches DSH) EA 5 1,950.00 9,750.00
12 20 Stump Grinding DI 5000 10.00 50,000.00
13 20 Emergency Call Out EA 30 500.00 15,000.00
14 20 Remove Fallen Limb (3 to 6 inches
diameter) EA 10 100.00 1,000.00
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
15 20 Remove Fallen Limb (6 to 12 inches
diameter) EA 10 150.00 1,500.00
16 20 Remove Fallen Limb (12 to 24 inches
diameter) EA 9 200.00 1,800.00
17 20 Remove Fallen Limb (24 to 36 inches
diameter) EA 1 400.00 400.00
18 20 Creek Tree Area Removal (12 to 24
inches DSH) EA 5 1,200.00 6,000.00
19 20 Creek Tree Area Removal (24 to 36
inches DSH) EA 4 2,000.00 8,000.00
20 20 Creek Tree Area Removal (36 to 42
inches DSH) EA 3 3,000.00 9,000.00
21 20 Creek Tree Area Removal (over 42
inches DSH) EA 2 5,000.00 10,000.00
22 20 Furnish and Plant (15 gallon) EA 5 250.00 1,250.00
23 20 Furnish and Plant (24” box) EA 5 600.00 3,000.00
24 20 Furnish and Plant (36” box) EA 5 1,200.00 6,000.00
25 12 Traffic Control - Eng. Std. 7310 – Fig A HR 8 200.00 1,600.00
26 12 Traffic Control - Eng. Std. 7310 – Fig B HR 8 300.00 2,400.00
27 12 Traffic Control - Eng. Std. 7310 – Fig C HR 8 200.00 1,600.00
28 12 Traffic Control - Eng. Std. 7310 – Fig D HR 8 200.00 1,600.00
29 12 Traffic Control - Eng. Std. 7310 – Fig E HR 8 200.00 1,600.00
30 12 Traffic Control - Eng. Std. 7310 – Fig F HR 8 200.00 1,600.00
31 12 Traffic Control - Eng. Std. 7310 – Fig G HR 8 200.00 1,600.00
32 12 Traffic Control - Eng. Std. 7310 – Fig H HR 8 200.00 1,600.00
33 12 Traffic Control - Eng. Std. 7310 – Fig I HR 10 300.00 3,000.00
34 12 Traffic Control - Eng. Std. 7310 – Fig J HR 10 300.00 3,000.00
35 12 Traffic Control - Eng. Std. 7310 – Fig K HR 10 300.00 3,000.00
36 12 Traffic Control - Eng. Std. 7310 – Fig L HR 10 300.00 3,000.00
37 12 Traffic Control - Eng. Std. 7310 – Fig M HR 10 200.00 2,000.00
38 12 Traffic Control - Eng. Std. 7310 – Fig N HR 10 300.00 3,000.00
39 12 Traffic Control - Eng. Std. 7310 – Fig O HR 10 300.00 3,000.00
40 12 Traffic Control - Eng. Std. 7310 – Fig P HR 10 100.00 1,000.00
41 12 Minor Traffic Control HR 1000 0 0
BID TOTAL: $332,175.00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which
the Contractor may be required to do, or respecting the size of any payment to the Contractor,
during the performance of this Contract, said dispute shall be decided by the Owner and its decision
shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following
documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as
if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel
approved by City, and hold harmless City, its officers, officials, employees and volunteers from and
against all liability, loss, damage, expense, cost (including without limitation reasonable legal
counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or
in connection with the Contractor’s negligence, recklessness or willful misconduct in the
performance of work hereunder or its failure to comply with any of its obligations contained in this
Agreement, except such loss or damage which is caused by the sole or active negligence or willful
misconduct of the City. Should conflict of interest principles preclude a single legal counsel from
representing both the City and the Contractor, or should the City otherwise find the Contractor’s
legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense,
including without limitation reasonable legal counsel fees, expert fees and all other costs and fees
of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and
its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact
to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California and will survive termination of this
Agreement.
The Contractor obligations under this section apply regardless of whether such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or
penalty, or liability was caused in part or contributed to by an Indemnitee. However, without
affecting the rights of the City under any provision of this agreement, the Contractor shall not be
required to indemnify and hold harmless the City for liability attributable to the active negligence of
AGENCY, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where the City is shown to have been
actively negligent and where the City’s active negligence accounts for only a percentage of the
liability involved, the obligation of the Contractor will be for that entire portion or percentage of
liability not attributable to the active negligence of the City.
ARTICLE V. 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 of said Contractor, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said bid
conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year
and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Bunyon Bros. Tree Care Inc.
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Ronald Rinell
Its: PRESIDENT