Loading...
HomeMy WebLinkAbout1995-05-09 - AGENDA REPORTS - EMERGENCY TREE REMOVAL FEMA (2)City Manager Approval Item to be presented by. Rick Pum 5' y CONSENT CALENDAR DATE: May 9, 1995 SUBJECT: Ratification of Emergency Tree Removal Contract for California Late Winter Storms 1995 -FEMA -1046 -DR. DEPARTMENT: Parks, Recreation and Community Services As a result of the heavy rainstorms which occurred on March 10-12, 1995, approximately seventy- five trees throughout the City were downed which posed a threat to the public health and safety. The City issued an emergency purchase order to Golden Bear Arborists, Inc. for the removal of the trees. This item is on the agenda to request Council ratification for the contract entered into by the City Manager under the authority of the California State Public Contract Code, Section 22035, Emergencies. The City will seek reimbursement through FEMA for project expenditures. 1. Council ratify the contract with Golden Bear Arborists, Inc. 2. Authorized appropriations from FEMA fund not to exceed the amount of $27,000 to account number 01-99051-227 and increase estimated revenues to account number 01-3595 for the Late Winter Storms 1995. F.Ulasim.luvocielp Golden Bear Arborists, Inc. contract for tree removal services. Emerprep/gldnbr.ngd nAPPO'00YED A9 en,�a Item: LATE WINTER STORM DAMAGE STREET TREE REPAIRS This Contract is made and entered into for the above -stated project this 26th day of April, 1995, by and between the City of Santa Clarita, as AGENCY, and Golden Bear Arborists, Inc., as CONTRACTOR. WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows: ARTICLE I The AGENCY faces an emergency situation based upon late winter storm that occurred on March 10 and 11, 1995 and damaged 75 street trees. The City Manager declared a State of Local Emergency pursuant to the provisions of Section 8558 California Government Code and Chapter 2.40 Santa Clarita Municipal Code. Said damage to 75 street trees resulted in a threat to public safety and prevented the safe use of the City public right-of-way without accomplishment of urgent repairs. The repairs are necessary to permit the continued conduct of the operation and services of the City and to avoid danger to life or property. Based upon the foregoing, this contract is entered into without observation of the requirements of the California Public Contract Code Section 22035. The CONTRACTOR has submitted emergency service labor and equipment cost based on existing maintenance contract with the City to accomplish the urgent repairs. Because of the urgent need to accomplish these repairs, the City Manager (Director of Emergency Services) is authorized to enter into this Contract at the earliest opportunity. ARTICLE II The contract documents for the aforesaid project shall consist of the Proposal, General Specifications; Standard Specifications, Special Provisions, Plans, and all reference specifications, details, standard drawings, special drawings and appendices; together with this Contract and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE III For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above -stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. LATE WINTER STORM DAMAGE STREET TREE REPAIRS Page 2 ARTICLE IV CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance include those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE V AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations 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 in the contract documents, ARTICLE VI CONTRACTOR acknowledges the provision of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that Code, and certifies compliance with such provisions. CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. ARTICLE VII CONTRACTOR agrees to indemnify, defend and hold harmless AGENCY and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. ARTICLE VIII CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein. LATE WINTER STORM DAMAGE STREET TREE REPAIRS Page 3 IN WITNESS WHEREOF the parties hereto form themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract to be executed in triplicate by setting hereunto their names, titles, hands and seals this day of 1995. CONTRACTOR: Contractor's License No. Agency's Business License No. Federal Tax Identification No. Subscribed and sworn to this day of. NOTARY PUBLIC: AGENCY: Attest: Class Mayor of the City of Santa Clarita City Clerk of the City of Santa Clarita Approved as to Form: City Attorney of the City of Santa C arita urbanfor/contrgbAm Date , 1995.