City of Piedmont
COUNCIL AGENDA REPORT
DATE: January 21, 2025
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of the Award of a Contract for the FY2024-25 Street Tree Pruning Project to Hercules Tree Services & Landscape Construction in the amount of $137,999.34, Approving of an Overall Construction Budget of $151,800, and a Determination that the Project is Exempt under California Environmental Quality Act
RECOMMENDATION
By a single motion, take the following actions regarding the FY2024-25 Street Tree Pruning Project:
1. Approve the award of the Contract for the FY2024-25 Street Tree Pruning Project to Hercules Tree Service & Landscape Construction based on their submitted bid of $137,999.34.
2. Approve the overall Estimated Construction Budget of $151,800, which includes the construction cost and a 10% contingency.
3. Determine the project to be exempt under the California Environmental Quality Act (CEQA).
4. Authorize the City Administrator to execute project related documents.
BACKGROUND
In an ongoing effort to ensure that the City’s street trees remain in good condition, staff solicits annual bids for street tree pruning. This year’s project includes trimming of 1,077 street trees and the removal of six trees.
DISCUSSION
Bid documents were developed and the project was publicly bid in accordance with City Ordinances and the Public Contract Code. Bids were opened on December 12, 2024. The engineer’s estimate for this project was $378,510. Seven bids were received and are presented in the table below:
Bidder Name Bid Amount
Hercules Tree Service and Landscape
Construction
$ 137,999.34
Best Quality Tree Service $ 175,950
Julian Tree Care, Inc. $ 178,902.69
Arbor Pros, LLC $ 269,865
West Coast Arborists, Inc. $ 303,825
Skyline Tree Corp. $ 311,637
The Professional Tree Care Co. $ 554,115
The company that submitted the low bid was Hercules Tree Service & Landscape Construction for $137,999.34. The bid from Hercules Tree Service & Landscape Construction has been reviewed and a minor mathematical error was found that changed their bid from $138,000 (as submitted) to $137,999.34. This mathematical error did not change the low bidder for this project. All other information submitted with the bid is responsive to the requirements of the bid documents. Hercules Tree Service & Landscape Construction has a valid Class C27/C61/D49 contractor’s license (#974604) and Hercules Tree Service & Landscape Construction has a valid Department of Industrial Relations registration numbers (required for public works projects.)
Based on the bid from Hercules Tree Service & Landscape Construction being both complete and responsive, staff is recommending award of the FY2024-25 Street Tree Pruning Project to Hercules Tree Service & Landscape Construction.
SCHEDULE OF CONSTRUCTION
If this contract is awarded on January 21st, it is anticipated that the work will begin in February, weather dependent. The contract documents allow for 70 working days (14 weeks) to complete the work. Subject to adjustments due to weather, the project should be completed in May 2025.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301(c), in that the project concerns the maintenance of existing street trees.
FISCAL IMPACT
Based on the recommended award amount, staff is proposing the following overall budget:
Construction $ 137,999.34
Construction Contingency (10%) $ 13,800.66
Total Estimated Project Construction Budget $ 151,800.00 Funding for the project will come from the Street Tree Pruning Account.
Agenda Report Page 2
CITY ATTORNEY REVIEW
The City Attorney has reviewed the staff report and Agreement.
By: Daniel Gonzales, Public Works Director
John Wanger, City Engineer
Attachments:
A. Agreement
Agenda Report Page 3
AGREEMENT
The City of Piedmont, a California Municipal Corporation (“City”) enters into this Agreement, dated January 21, 2025, with Hercules Tree Service & Landscape Construction (“Contractor”).
RECITALS
A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., December 12th, 2024, for the FY 2024-2025 Street Tree Pruning Project by soliciting bids in accordance with the City of Piedmont City Code and other applicable law.
B. BID OPENING. On December 12th, 2024, at 2:30 p.m., City representatives opened the bids for the FY 2024-2025 Street Tree Pruning Project and read the bids aloud.
C. PROJECT AWARD. On January 28, 2025, the City Council awarded the FY 2024-2025 Street Tree Pruning Project to the Contractor and directed City staff to send the Contractor written notice of award of the project.
D. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within ten (10) working days of receiving written notice of award.
AGREEMENT TERMS
The City and the Contractor agree as follows:
1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the FY 2024-2025 Street Tree Pruning Project (“Work”) as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law.
2. LOCATION OF WORK. The Work will be performed along various streets within the City of Piedmont, California as follows:
Arbor Drive
Bellvue Avenue
Bonita Avenue
City Hall
Craig Avenue
Crocker Park
Dracena Park
El Cerrito Avenue
Excedra Plaza
Harvard Road
Attachment A Agenda Report Page 4
Howard Avenue
King Avenue
Linda Avenue
Moraga Avenue
Oakland Avenue
Olive Avenue
Park Way
Ramona Avenue
Ricardo Avenue
Ronada Avenue
Sandringham Road
Sunnyside Avenue
Wildwood Avenue
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within seventy (70) working days from the date specified in the City’s Notice to Proceed (“Time for Completion”).
4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this Agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this Agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $3,600 per day in accordance with California Government Code Section 53069.85 and Section 5-1.02 of the General Provisions, and/or obtaining or providing for substitute performance in accordance with the Contract Documents.
5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of $137,999.34 (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated December 14, 2024, and attached hereto and incorporated in this Agreement. Payment to the Contractor under this Agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this Agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this Agreement is subject to and may be offset by charges that may apply to the Contractor under this Agreement. Such charges include but are not limited to, Attachment A Agenda Report Page 5
charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.
6. PREVAILING WAGES. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request.
Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work.
7. THE CONTRACT DOCUMENTS. This Agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made a part of this Agreement as if set forth in full. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:
7.1 This Agreement and change orders and other amendments to this Agreement signed by authorized representatives of the City and the Contractor.
7.2 The General Provisions and change orders and other amendments to the General Conditions signed by authorized representatives of the City and the Contractor.
7.3 The Special Provisions, addenda to the Special Provisions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor.
7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor.
7.5 Notice Inviting Bids.
7.6 Instructions to Bidders.
Attachment A Agenda Report Page 6
7.7 The successful bidder’s completed Proposal Form and Bidder’s Sheet.
7.8 The successful bidder’s completed Contractor License Information.
7.9 The successful bidder’s completed List of Proposed Subcontractors.
7.10 The successful bidder’s Workers Compensation Insurance Certification.
7.11 The successful bidder’s completed Non-Collusion Declaration.
7.12 The successful bidder’s Debarment Certification.
7.13 The successful bidder’s completed Certificates of Insurance and Endorsements.
7.14 The successful bidder’s executed Performance Bond.
7.15 The successful bidder’s executed Payment Bond.
7.16 Executed Escrow for Deposit Agreement, if applicable.
7.17 Change Order Form.
7.18 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract.
7.19 The successful bidder’s Qualification Statement, if any.
7.20 The successful bidder’s signed Signature Form.
8. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of provisions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in the Standard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a part of this Agreement. When such published provisions are made a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require.
9. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation and/or decision by an authorized Public Attachment A Agenda Report Page 7
Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final.
10. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this Agreement, or any moneys due or to become under this Agreement, or any other right or interest of the Contractor under this Agreement, or delegate any obligation or duty of the Contractor under this Agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this Agreement and at law and equity.
11. CERTIFICATION RE CONTRACTOR’S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Type C-61 / D-49 license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this Agreement subject to all available remedies under this agreement and at law and equity.
12. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.
13. DEFINITIONS. All words as used in the Agreement shall be subject to the Definitions set forth in Section 1 of the General Provisions of the Notice to Contractors, Special Provisions, Proposal and Contract for the FY 2024-2025 Street Tree Pruning Project.
IN WITNESS WHEREOF, the parties have executed this Contract at Piedmont, California, the day and year first above written.
CITY OF PIEDMONT Hercules Tree Service & Landscape Construction _________________________ _____________________________ By: Rosanna Bayon Moore, City Administrator Name of Signatory & Title Attest:
__________________________________
Anna Brown, City Clerk
Attachment A Agenda Report Page 8
Approved as to Form and Legality:
__________________________________
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
Attachment A Agenda Report Page 9