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HomeMy WebLinkAboutReso - CC - 068-2013RESOLUTION NO. 68-2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAMEAWARDING A CONTRACT TO BAY AREA TREE SPECIALISTS, FOR TREE PRUNING & STUMP REMOVAL SERVICES ANDAUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT CITY PROJECT # 83780 WHEREAS, the City Council authorized and the Department of PARKS AND RECREATION issued, an invitation for bids for TREE PRUNING & STUMP REMOVAL, City Project No. 83780; and WHEREAS, on AUGUST 6, 2013, at 2 p.m, all bids received were opened in public, in the office of PARKS AND RECREATION at 850 BURLINGAME AVE, Burlingame, California; and WHEREAS, the bid of BAY AREA TREE SPECIALISTS was determined to be the lowest responsive and responsible bid for the total itemized job in the amount of $ 212,400; and WHEREAS, under the terms of the bid documents, the Cityreserves the right to award, and City shall award, only those portions of the bid items for which the City has funding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The bid of BAY AREA TREE SPECIALISTS is determined to be the lowest responsive and responsible bid for TREE PRUNING &STUMP REMOVAL, City Project No. 83780, and the same is hereby accepted. 2. The City Manager is hereby authorized to execute an agreement with the low bidder, BAY AREA TREE SPECIALISTS, for the performance of said work, in the form attached to this resolution. Ann Keig a Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify, that the foregoing resolution was introduced at a regular meeting of the City Council held on the 19th day of August, 2013, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN,NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE DA g v\ C. Mary Ellen Kearney, City Cler AGREEMENT FOR PUBLIC IMPROVEMENT TREE PRUNING & STUMP REMOVAL 2013-2014 CITY PROJECT NO. 83780 THIS AGREEMENT, made and entered into in the City of Burlingame, County of San Mateo, State of California on by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter called "City", and BAY AREA TREE SPECIALISTS, hereafter called "Contractor," WITNESSETH: WHEREAS, the City Council authorized and the Department of PARKS AND RECREATION issued, an invitation for bids for TREE PRUNING AND STUMP REMOVAL 2013-2014, City Project No. 83780; and WHEREAS, on AUGUST 6, 2013, at 2:00p.m, all bids received were opened in public, in the office of Parks and Recreation at 850 Burlingame Avenue, Burlingame, California; and WHEREAS, the bid of BAY AREA TREE SPECIALISTS was determined to be the lowest responsive and responsible bid for the total itemized job in the amount of $ 212,400.00; WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements; NOW, THEREFORE, TT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work as described on BID SUMMARY SIIEET — 1(TREE PRUNING & REMOVAL) AND BID SUMMARY SHEET - 2 (STUMP REMOVAL): TREE PRUNING & STUMP REMOVAL 2013-2014, CITY JOB NO. 83780 2. The Contract Documents. The Complete contract consists of the following documents: This Agreement, Notice Inviting Sealed Bids, copies of the prevailing wage rates on file with the Director of Public Works, the accepted Bid, the complete plans, profiles, detailed drawings and State Standard Specifications, Special Provisions and all bonds, and are hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. AGREEMENT 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, to the sum of Two Hundred Twelve Thousand Four Hundred dollars, ($212,400.00). Said price is determined by the unit (section) prices contained in Contractor's Bid. In the event work is performed or materials fiunished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit (section) prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 5. Notices. All notices shall -be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: MARGARET GLOMSTAD PARKS & RECREATION DIRECTOR CITY OF BURLINGAME 850 Burlingame Avenue Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: RICHARD SMITH BAY AREA TREE SPECIALISTS 541 W. CAPITOL EXPRESSWAY, #287 SAN JOSE, CA 95136 6. Interrpretation. As used herein, any gender includes the other gender and the singular includes the plural and vice versa. AGREEMENT IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of three (3) pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year fust hereinabove written. CITY OF Bi 1RLINGAME a ATTEST: City Clerk Approved as to form: City Attorney AGREEMENT