HomeMy WebLinkAbout2014 CON West Coast Arborists - Urban Forestry Maintenance ServicesAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS AGREEMENT is entered into this 10th day of November, 2014, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST
ARBORISTS, INC., a corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide Urban Forestry
Maintenance services.
WHEREAS, the CITY has determined that the CONTRACTOR is a certified forestry
professional and is qualified by experience and ability to perform the services desired by the
CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the
CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services shall be performed directly by
the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR shall perform tree pruning services
using a grid system, not to exceed $25,000.00, as the same are set forth in Contractor's proposal.
The CONTRACTOR will perform services as set forth in the attached Exhibit "A". This is a
piggyback proposal based on an agreement with the City of Encinitas.
3. PROJECT COORDINATION AND SUPERVISION. Miguel Diaz hereby is
designated as the Project Coordinator for the CITY and will monitor the progress and execution
of this Agreement. The CONTRACTOR shall assign a single Project Director to provide
supervision and have overall responsibility for the progress and execution of this Agreement for
the CONTRACTOR. Michael Palat thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A " shall not exceed the schedule given in Exhibit
`B" ($25,000.00) without prior written authorization from the CITY. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice, provided that
work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONTRACTOR in
this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten
(10) business days, the CONTRACTOR and the City shall each prepare a report which supports
their position and file the same with the other party. The City shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONTRACTOR.
6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on November 10, 2014. The duration of this Agreement is for the period of
November 10, 2014 through June 30, 2015. Completion dates or time durations for specific
portions of the Project are set forth in Exhibit "B".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONTRACTOR for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S
written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees,
except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or
employees are not in any manner agents, servants, or employees of the CITY, it being understood
that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly
independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely
such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR and each
of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONTRACTOR represents and covenants that the
CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
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12. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONTRACTOR'S trade or profession currently practicing under similar
conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY'S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information a.s confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
4 City's Standard Agreement 2014 revision
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS.
The CONTRACTOR agrees to defend, indemnify and hold harmless the City of
National City, its officers and employees, against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suites, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the
CONTRACTOR'S performance or other obligations under this Agreement; provided, however,
that this indemnification and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers, or
employees. The indemnity, defense, and hold harmless obligations contained herein shall survive
the termination of this Agreement for any alleged or actual omission, act, or negligence under
this Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following checked insurance policies:
A. If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
5 City's Standard Agreement —2014 revision
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and
employees as additional insureds, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of
$2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the CITY and
its officers, agents and employees as additional insureds, and a separate additional insured
endorsement shall be provided. The general aggregate limit must apply solely to this "project" or
"location".
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONTRACTOR has no employees subject to the California Workers'
Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said
Declaration shall be provided to CONTRACTOR by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. Insurance shall be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
H. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
I. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out-of-
6 City's Standard Agreement —2014 revision
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof; which is not resolved by mediation shall be settled
by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of
the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the
arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence
and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof
against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
7 City's Standard Agreement —2014 revision
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY:
Miguel Diaz
Park Superintendent
Engineering and Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To CONTRACTOR:
Michael Palat
Area Manager
West Coast Arborists, Inc.
8524 Commerce Avenue, Suite B
San Diego, CA 92121
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
8 City's Standard Agreement —2014 revision
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall
obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONTRACTOR.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage
rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent there is a conflict
between terms in the Exhibits (and/or Schedules) and this Agreement, the terms of this
Agreement shall control.
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F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
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City's Standard Agreement —2014 revision
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY
Leslie Deese, City Manager
APPROVED AS TO FORM:
itua Silva
City Att
11
WEST COAST ARBORISTS, INC.
(Corporation — signatures of two corporate officers required)
(Partnership - one signature)
(Sole proprietorship — one,Jgnature)
By:
(Name)
Patrick Mahoney
(Print)
President
(Title)
By.f
zy (Name)
Richard Mahoney
(Print)
Assistant Secretary
(Title)
City's Standard Agreement —2014 revision
CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
THIS AGREEMENT is made and entered into as of the date of execution by the City of
Encinitas, a municipal corporation, hereinafter referred to as "CITY", and West Coast Arborists,
Inc., hereinafter referred to as "PROVIDER".
RECITALS
The CITY requires professional assistance to provide the following services: URBAN
FORESTRY MAINTENANCE SERVICES.
PROVIDER represents itself as possessing the necessary skills and qualifications to provide
the services required by the CITY;
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, the CITY and PROVIDER agree as follows:
1.0 CONTRACT DOCUMENTS
1.1 The complete Contract/Agreement includes all Contract Documents, to wit: the
Notice requesting Proposal, the Request For Proposals (RFP), the PROVIDER'S Proposal and
documents executed therewith, including the Workers' Compensation Certificate, the bonds
executed in connection herewith, Addenda, insurance certificates and endorsements and all official
papers and documents relating to the Work to be performed hereunder, the Scope of Work and all
modifications incorporated in these documents before their execution. These documents shall be
deemed and considered as forming a part of this Contract/Agreement as fully set forth herein and
whether or not attached hereto. Any and all obligations of CITY AND PROVIDER are fully set
forth and descried herein.
2.0 TERM OF AGREEMENT
2.1 Term. The term of the AGREEMENT is for a period of three (3) years, commencing
on the Execution Date, and terminating three (3) calendar years thereafter ("Termination Date"),
unless terminated earlier as set forth herein, or extended pursuant to Section 2.2 below.
2.2 Options to Extend. Provided that the CITY is satisfied with PROVIDER'S
performance under this AGREEMENT and PROVIDER is in full compliance with the terms and
conditions of this AGREEMENT, the City shall have, in its sole and complete discretion, one (1)
option to extend the terms of this AGREEMENT for a two (2) year period, following the
Termination Date on the same terms and conditions set forth in this AGREEMENT, which may
be exercised by the CONTRACT OFFICER and executed by the CITY MANAGER and the
PROVIDER prior to the expiration of the AGREEMENT. The total contract term may not
exceed five (5) years.
2.3 Contract Price. PROVIDER agrees not to raise prices for the first two (2) years of
the original term. Thereafter, the PROVIDER may request in writing no later than June 1, a unit
price increase not to exceed the current San Diego Area Consumers Price Index or 2.5% whichever
is greater. All price increases shall take effect July 1 of each year.
Urban Forestry Maintenance Services
RFP No. 2012-01
1 October 4, 2012
EXHIBIT A
CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
3.0 PROVIDER'S OBLIGATIONS (ATTACHMENT A)
3.1 PROVIDER shall provide the CITY with services described in ATTACHMENT A,
which is attached hereto, and incorporated herein as though fully set forth at length, collectively
hereinafter referred to as "SCOPE OF WORK."
3.2 PROVIDER shall perform all work required to accomplish the "SCOPE OF
WORK" in conformity with the applicable requirements of law: Federal, State and Local.
3.3 PROVIDER is hired to render the "SCOPE OF WORK" and any payments made to
PROVIDER are compensation fully for such services.
3.4 PROVIDER shall maintain professional certifications as required in order to
properly comply with all City, State, and Federal law.
4.0 PAYMENT FOR SERVICES (ATTACHMENT B)
Payment to PROVIDER to render the SCOPE OF WORK hereunder shall be as set forth in
ATTACHMENT B, which is attached hereto and incorporated herein as though fully set forth at
length.
5.0 LISTING OF SUBCONTRACTORS (ATTACHMENT C)
5.1 If PROVIDER subcontracts for any of the work to be performed under this
AGREEMENT, PROVIDER shall be as fully responsible to the CITY for the acts and omissions.
This includes, but is not limited to PROVIDER'S subcontractors and persons either directly or
indirectly employed by the subcontractors, as PROVIDER is for the acts and omissions of persons
directly employed by PROVIDER. Nothing contained in the AGREEMENT shall create any
contractual relationship between any subcontractor of PROVIDER and the CITY. PROVIDER
shall hind every subcontractor to the terms of the AGREEMENT applicable to PROVIDER'S work
unless specifically noted to the contrary in the subcontract in question and approved in writing by
the CITY.
5.2 The name and location of the place of business of each subcontractor who will
perform work or labor or render service to the PROVIDER in performing this AGREEMENT are
contained in Attachment "C" which is attached hereto and incorporated herein as though fully set
forth at length.
6.0 EXTRA WORK
PROVIDER shall not perform work in excess of the "SCOPE OF WORK" without the
prior, written approval of the CITY. All requests for extra work shall be in writing and submitted to
the CITY for approval prior to the commencement of such work.
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CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
7.0 VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the CITY,
either before, during or after the execution of this AGREEMENT, shall effect or modify any of the
terms or obligations herein contained nor shall such verbal agreement or conversation entitle
PROVIDER to any additional payment whatsoever.
8.0 TERMINATION OF AGREEMENT
8.1 In the event of PROVIDER'S failure to prosecute, deliver, or perform the "SCOPE
OF WORK," the CITY may terminate this AGREEMENT by notifying PROVIDER by certified
mail of said termination. Thereupon, PROVIDER shall cease work immediately and within five (5)
working days: (1) assemble all documents owned by the CITY and in PROVIDER'S possession and
deliver said documents to the CITY and (2) place all work in progress in a safe and protected
condition. The City Manager of the CITY shall make a determination of the percentage of work,
which PROVIDER has performed, which is usable and of worth to the CITY. Based upon that
finding, the City shall determine any final payment due to PROVIDER.
8.2 This AGREEMENT may be terminated for convenience by either party in its
absolute and sole discretion, without cause, upon the giving of thirty (30) days written notice to the
other party. Prior to the 30th day following the giving of the notice, the PROVIDER shall: (1)
assemble the completed work product to date, and place it in order for proper filing and closing, and
deliver the document to the CITY; and (2) place all work -in -progress in a safe and protected
condition. The City Manager shall make the determination of the percentage of work, which
PROVIDER has performed, which is usable and of worth to the CITY. Based upon that finding, the
City shall determine any final payment due to PROVIDER.
9.0 COVENANTS AGAINST CONTINGENT FEES
PROVIDER warrants that it has not employed or retained any company or person, other
than a bona fide employee working for PROVIDER, to solicit or secure this AGREEMENT.
PROVIDER has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making of this AGREEMENT. For breach or violation of this
warranty, the CITY shall have the right to terminate this AGREEMENT without liability or, at the
ENCLOSED discretion to deduct from the AGREEMENT price or consideration, or otherwise
recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
10.0 OWNERSHIP OF DOCUMENTS
10.1 All plans, studies, sketches, drawings, reports and specifications as herein required
are the property of the CITY, whether or not the CITY proceeds with the project for which such
documents are prepared.
10.2 If the CITY reuses these documents for any reason other than for the project for
which they are prepared, without PROVIDER'S prior written authorization, which shall not be
Urban Forestry Maintenance Services 3 October 4, 2012
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CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
unreasonably withheld, the CITY waives any claim against PROVIDER for such unauthorized use.
The waiver will indemnify and hold PROVIDER harmless from any claim or liability for injury or
loss allegedly arising from the ENCLOSED unauthorized use of such documents.
11.0 STATUS OF PROVIDER
PROVIDER shall perform the services provided for herein in a manner of PROVIDER'S
own choice, as an independent contractor and in pursuit of PROVIDER'S independent calling, and
not as an employee of the CITY. PROVIDER shall be under control of the CITY only as to the
result to be accomplished and the personnel assigned to the project. However, PROVIDER shall
confer with CITY.
12.0 ASSIGNMENT OF CONTRACT
PROVIDER is without right to and shall not assign this AGREEMENT or any part thereof
or any monies due hereunder without the prior express written consent of the CITY,
13.0 HOLD HARMLESS
13.1 PROVIDER agrees to indemnify and hold the CITY and its elected officials,
officers, employees and agents harmless from, and against any and all liabilities, claims,
demands, causes of action, losses, damages and costs. Including all costs of defense thereof,
arising out of, or in any manner connected directly or indirectly with, any acts or omissions of
PROVIDER or PROVIDER'S agents, employees, subcontractors, officials, officers or
representatives. PROVIDER'S obligation herein includes, but is not limited to, alleged defects in
the services delivered by PROVIDER. Upon demand, PROVIDER shall, at its own expense,
defend CITY and its elected officials, officers, employees and agents, from and against any and
all such liabilities, claims, demands, causes of action, losses, damages and costs.
13.2 PROVIDER'S obligation herein does not extend to liabilities, claims, demands,
causes of action, losses, damages or costs that arise out of the City's intentional wrongful acts,
violations of law, or the City's sole active negligence.
14.0 INSURANCE
14.1 PROVIDER shall obtain, and during the term of this AGREEMENT shall maintain,
policies of liability, automobile liability, public liability, general liability and property damage
insurance from an insurance company authorized to be in business in the State of California. The
insurable amount shall not be less than one million dollars ($1,000,000) for each occurrence. The
insurance policies shall provide that the policies shall remain in full force during the life of this
AGREEMENT and shall not be cancelled, terminated, or allowed to expire without thirty 30) days
prior written notice to the CITY from the insurance company.
14.2 The CITY shall be named as an additional insured on these policies.
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CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
14.3 Before PROVIDER shall employ any person or persons in the performance of the
AGREEMENT, PROVIDER shall procure a policy of Workers' Compensation Insurance as
required by the Labor Code of the State of California.
14.4 PROVIDER shall furnish certificates of said insurance to the CITY prior to
commencement of work under this AGREEMENT.
15.0 DISPUTES
15.1 If a dispute should arise regarding the performance of this AGREEMENT, the
following procedures shall be used to address any question of fact or interpretation not otherwise
settled by agreement between the parties. Such questions, if they become identified as part of a
dispute between persons operating under the provisions of the AGREEMENT, shall be reduced
to writing by the complaining party. A copy of such documented dispute shall be forwarded to
the other party involved along with recommend methods of resolution. The party receiving the
letter shall reply to the letter along with a recommended method of resolution within ten (10)
days of receipt of the letter.
15.2 If the dispute is not resolved, the aggrieved party shall send to the Enclosed City
Manager a letter outlining the dispute for Manager's resolution.
15.3 If the dispute remains unresolved and the parties have exhausted the procedures of
this section, the parties may then seek remedies available to them at law.
16.0 NOTICES
16.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by
certified mail.
16.2 For the purposes hereof, unless otherwise provided in writing by the parties
hereto, the address of CITY and the proper person to receive any notice on the Enclosed behalf
is:
City of Encinitas
Mark Hosford, Street Division Superintendent
160 Calle Magdalena
Encinitas, CA 92024
16.3 For the purposes hereof, unless otherwise provided in writing by the parties hereto,
the address of PROVIDER and the proper person to receive any notice on the PROVIDER'S behalf
is:
West Const Arborists, Tnc Attn. Patrick Mahoney
2200 E Vjn_Burton St.
Anaheim. CA 92806
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AGREEMENT TO PROVIDE SERVICES
17.0 PROVIDER'S CERTIFICATION OF AWARENESS OF IMMIGRATION
REFORM AND CONTROL ACT OF 1986
PROVIDER certifies that PROVIDER is aware of the requirements of the Immigration
Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with
these requirements. This is including but not limited, to verifying the eligibility for employment of
all agents, employees, subcontractors and consultants that are included in this AGREEMENT.
PROVIDER:
West Coast Arborist, Inc.
Date
Pre'irient
(Title)
Attest: •SIF
City Cler • f the Ci y of Encinitas
Dated: Ibiag11 a
APPROyp AISj['O FORM
Glefnr.bine, City Attorney Date
CITY:
City of Encinitas
by ,IYPV (Signature) �Date ` `f
City Manager
(Title)
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CITY OF ENCINITAS
AGREEMENT TO PROVIDE SERVICES
17.0 PROVIDER'S CERTIFICATION OF AWARENESS OF IMMIGRATION
REFORM AND CONTROL ACT OF 1986
PROVIDER certifies that PROVIDER is aware of the requirements of the Immigration
Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with
these requirements. This is including but not limited, to verifying the eligibility for employment of
all agents, employees, subcontractors and consultants that are included in this AGREEMENT.
PROVIDER: CITY:
West Coast Arborist, Inc. City of Encinitas
by /10/19/12 }4�� byr tot/{v /i
(Signature) Date (Signature) Dat
(Title)
Attest:
City Clerk of the City of Encinitas
Dated:
APPRO TO FORM
Glenn Sa. ine,� Tty Attorney Date
City Manager
(Title)
Urban Forestry Maintenance Services 6 October 4, 2012
RFP No. 2012-01
Scope of Work Attachment A
Project Requirements
The requirement of this Contract is to provide professional Urban Forestry Maintenance
Services for planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and
chipping, inventorying, documenting and all other services required to maintain the City of Encinitas'
trees in a safe, attractive and overall healthy condition.
The City proposes to enter into a Contract with a qualified Contractor who is proactive in their
work and can meet the requirements set forth in this proposal package. The Contractor will be
required to perform and complete the proposed Urban Forestry Maintenance Services in a thorough
and professional manner, and to provide all labor, tools, equipment, materials and supplies
necessary to complete the work according to generally accepted International Society of
Arboriculture (ISA) practices and standards, and in a timely manner that will meet the City's
requirements. The successful proposer will be required to comply with all current prevailing wage
requirements as set forth in the Labor Code administered by the Department of Industrial Relations.
There are two main program goals. First, the City requires an update to the current tree
inventory and database, which includes updating and maintaining records throughout the term of the
Contract. Second, the City requires an annual tree maintenance program to support and develop its
Urban Forest. The following requirements are meant to meet these goals.
1. Tree Inventory
A. Upon Contract award, the successful Proposer shall be required to provide a complete'
update of the City's tree inventory at no additional cost to the City and submit the completed
inventory to the City within ninety (90) days of the Contract award. The Contractor shall
provide, at no additional cost to the City, software support to the City for the entire term of
the Contract. The Contractor shall provide the City with recommendations for tree
maintenance, recommended planting locations, and recommended removals. Failure to
meet and maintain the requirements for the computerized tree inventory system shall be
grounds for immediate termination of the Contract.
1) Tree Software Program
The Contractor shall operate and maintain, at no additional cost to the City, an
computerized internet based urban forestry management program that includes, but is
not limited to, municipal tree inventory, ability to send online work requests for services,
work order tracking, work histories and the ability to update site specific tree data and
work records, invoices tracking and job balances, reports, value of the urban forest, GPS
accessibility, and various other computer information management system tools.
2) Record Keeping
The Contractor will provide, at no additional cost to the City, access to a record keeping
system consisting of a password protected Internet -driven tracking program and internet-
based software program that allows the City to maintain information about its tree
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Scope of Work Attachment A
population, including the description of each tree by species, height, diameter, work
history, and tree and planting site location. The program shall have the capability to
produce detailed listings of trees and site information, work histories, service requests,
summary reports and pictures of City tree species.
3) GPS
Since the City of Encinitas already has a tree inventory in GIS, the City's GIS Division will
provide the current tree inventory feature class (SQL table) to the contractor as a starting
point. This includes but is not limited to all publicly owned trees on street rights -of -way,
parks and open spaces such as medians, greenscapes, etc.
The contractor shall then track the maintenance and characteristic information of the
trees in the City of Encinitas' tree inventory feature class in ArcGIS version 10. Or, the
contractor shall incorporate the City's tree inventory FacilitylD field into their own
database, and include x and y (lat/long) fields necessary to map the trees in GIS.
For on -going data maintenance, when a new tree is planted, the new tree site will be
added as a record to the tree inventory, and will include the latitude/longitude
coordinates (collected by the contractor using a Global Positioning System (GPS) device
with minimum sub -meter accuracy). Lat/long coordinates shall be included at the time a
new record is added, and will not be input at a later date through a bulk update process.
Trees that are removed will not be deleted from the tree inventory, but will be coded as
`vacant'.
At required intervals, the contractor shall provide an ArcGIS version 10 file or personal
geodatabase containing the updated tree feature class, which will be reconciled with the
City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access
database table containing updated information that can be joined to the City's GIS tree
inventory based on FacilitylD. If the contractor provides their own updated tree inventory
database to the City, there will be a one-time requirement to provide a data dictionary of
fields containing tree maintenance and tree characteristic information that corresponds to
similar fields in the City's GIS tree inventory, so that the City is confident that accurate
data synchronization/updating can occur.
B. Experience
The Contractor shall have at a minimum five (5) years experience in collecting tree
inventories and developing inventory databases, including an extensive program that
simplifies the management of the City's Urban Forest. The Contractor shall have developed
a complete and comprehensive computer software program in at least five (5) California
cities. The program should have specialized reports designed specifically for City
representatives' needs. The program should be developed based on the needs of the City
and allow the City to modify and structure the program to address its specific needs. The
user-friendly program should allow customers to generate a variety of reports quickly.
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Scope of Work Attachment A
C. Training and Support
The Contractor shall provide, at no additional cost to the City, training and support on the
software system they provide for the entire term of the contract. Contractor shall provide
training to designated City staff during the hours of 7:00 A.M. to 4:30 P.M. Monday through
Thursday. The Contractor shall be readily available by telephone or e-mail and shall respond
to the City's inquiries in a timely manner.
2. Annual Maintenance Program
A. Public Relations
The Contractor shall endeavor to maintain good public relations at all times with the public.
All work shall be conducted in a manner which will cause the least possible interference with
or annoyance to, the public.
B. Work Schedule
Upon Contract award, the successful proposer shall be required to submit a work schedule
based on the City's annual pruning requirements which is a systematic tree pruning program
composed of existing grid or per -designed districts that are pruned in their entirety on a set
schedule; removal & replacement programs which consist of removing trees designated by
the City and replanting appropriate trees as replacements; and planting new appropriate
trees is areas where trees do not currently exists. The proposal shall include a
recommended annual work plan, daily work schedules, and personnel and vehicles that
would be required to complete the annual maintenance program. Depending on the City's
current and future program needs the scheduled work may require multiple crews to perform
concurrently within the same time constraints.
The Contractor is also required to provide service for trees prior to their regular and
scheduled trim cycle in order to correct an immediate problem or concern as determined by
the City's Designated Representative. Such request(s) shall be addressed and work
completed within two (2) weeks of notice by the City.
C. Work Hours and City Notification
The Contractor's working hours, for normal work, shall be limited to the hours between 7:00
AM and 4:30 PM Monday through Friday, excluding recognized holidays. Deviation from
normal working hours will not be allowed without prior authorization from the City's
designated representative. The Contractor shall notify the City's Designated Representative
no later than 8:00a.m. each morning they are working in the City. The notification shall
include what work is being done and where, the name of the onsite supervisor and his or her
direct phone number.
D. Emergency Response
The Contractor shall be responsible for responding to tree related emergency situations
during normal business hours, after-hours, weekends and holidays. The Contractor shall
have the capacity to deal with any tree related emergency situation ranging from limbs down
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Scope of Work Attachment A
on single trees to storm related damage that involves a large number of trees requiring the
commitment and focus of significant resources and staffing levels for several days.
Response time and protocol during emergencies is critical to the City of Encinitas.
As part of this Contract, the Contractor shall be required to make the City of Encinitas their
priority client for responses during emergencies that cover the San Diego area.
1) Telephone responses by the Contractor to tree related emergency calls during normal
business hours and after-hours shall be made within (15) fifteen minutes of the initial call.
2) The response time for a crew to arrive on -site for tree related emergencies during normal
business hours of operation is thirty (30) minutes.
3) The response time for a crew to arrive on -site for tree related emergencies outside of
normal business hours of operation is ninety (90) minutes.
Failure to meet these requirements may be cause for termination of the Contract.
E. Competent Supervisor and Project Manager
The Contractor shall have competent working supervisors at each jobsite at all times when
work is being performed. Each supervisor must be capable of communicating effectively
both in written and oral English, and holding the necessary certifications or credentials as
described for that position. All supervisors must possess adequate technical background to
ensure that all work is accomplished per provisions of this Contract.
Contractor is required to have a competent Project Manager available by telephone on a
twenty-four (24) hour basis that is assigned to provide direct and prompt attention to
requests from the City for emergency and after-hours tree service requests.
F. Qualified Staff
Contractor shall employ sufficient personnel qualified by reason of education, training and
experience to discharge the services agreed to be performed by Contractor. Contractor shall
provide service of the highest quality at all times, and personnel retained to perform this
service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's
obligations under the Contract.
G. Uniforms
All employees of Contractor performing services shall appear neat and well-groomed at all
times and shall be dressed in clean, unaltered uniforms at no additional cost to the City, with
suitable company identification. No portion of the uniform may be removed while working.
Employees not in uniform shall be immediately removed from the work area. The Contractor
shall provide a standard uniform consisting of at least a collared shirt with buttons,
complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety
vests shall be clearly marked with company identification and the name of the employee
wearing the uniform in the field. Contractor employees shall wear orange safety vests when
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Scope of Work Attachment A
operating machinery and/or while working near moving traffic as required by any applicable
laws.
H. Knowledge, Skills and Abilities
The Contractor's employees shall be subject to the following minimum knowledge, skills,
abilities and requirements:
1) The proper license to operate equipment;
2) Ability to operate and maintain equipment in accordance with the manufacturer's
recommendations;
3) Mechanical ability to make required operator adjustments to the equipment being used;
4) Knowledgeable of safety regulations as they relate to tree care and traffic control;
5) First Aid Certification from a nationally recognized organization (minimum of one member
of each crew);
6) Ability to communicate orally and in writing in English; and,
7) Demonstrated knowledge of tree care and related operations.
I. ISA Standards
The Contractor shall deliver a level of quality that is compatible with International Society of
Arboriculture (ISA) standards, and standards and requirements described herein in providing
tree services compatible with standard practice that results in a neat, clean and attractive
appearance to trees and associated sites serviced under the terms of the Contract.
J. Clean Worksite
Upon completion of work on individual street segments that are under the Contract,
Contractor shall clean the work site and all grounds adjacent to the work area of all rubbish,
excess materials and equipment. All sections of the work area shall be left in a neat and
presentable condition. Care should be taken to prevent spillage on streets over which work
or hauling is done, and any such spillage or debris deposited on street due to Contractor
operation shall be cleaned up immediately.
K. Equipment
1) Overnight parking of equipment, leaving unattended debris and staging of materials
on City streets will not be permitted. Waste bins shall be removed from individual
street segments once the work has been completed.
2) All equipment used and all maintenance practices employed shall be subject to the
inspection of the City's designated representative and shall meet safety and functional
requirements described herein. All vehicles and equipment operating under this Contract
shall be properly marked with company identification. All equipment must be maintained
in a good state of repair. All safety guards shall be in place. No equipment shall leak oil
or fluids. Equipment drive belts and hoses shall be covered and in good repair and show
no sign of fraying. No equipment shall present any potential danger to the operator, co -
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Scope of Work Attachment A
workers, passing motorists or pedestrians. Failure to comply with this provision will be
cause to have the equipment removed from the job site.
3) It is the Contractor's responsibility to maintain a sufficient inventory of equipment so as to
complete work as specified. An inventory of equipment shall be provided with proposal.
This inventory shall include the brand name, model number, weight and capacities of all
equipment to be used in the performance of the Contract. All equipment is to be
approved by the City prior to the start of the Contract. It is the Contractor's responsibility
to notify the City's designated representative of any change in the equipment inventory
during the performance of the Contract. This notification shall come in the form of an
updated equipment inventory list, presented in the form of a memo on dated company
letterhead. Failure to comply with this provision will be grounds to remove the Contractor
from the job site until such time as equipment inventory discrepancies are addressed and
may be grounds to terminate the Contract.
L. Disposal of Refuse and Debris/Landfill Diversion Requirement:
All vegetation and debris generated by the Contractor in the performance of the work shall
become the property of the Contractor and shall be removed from the work site promptly.
The Contractor shall dispose of all generated debris at no additional cost to City and shall, at
minimum, dispose of the material as is consistent with the requirements of AB 939. The
Contractor is encouraged to divert as much material as possible from the landfill, meeting or
exceeding the City's goal of seventy-five (75) percent diversion rate. It is anticipated that
one -hundred (100) percent of the material from the work could be diverted, unless a
particular tree is diseased or not suitable for reuse.
M. Protecting the Urban Forest
If, at any time, the Contractor is unclear, on what course of action to follow in the field, the
Contractor shall consult with the City's designated representative. The Contractor should
never proceed with an action that will result in the permanent disfigurement of the structure
or value of a tree. Contractors responsible for the disfigurement of trees shall be penalized
in an amount equal to the appraised value of the subject tree as determined by an
independent Consulting Arborist.
N. Safety Requirements
The Contractor shall conduct all work outlined in the Contract in such a manner as to meet
all accepted standards for safe practices during the operation and to safely maintain stored
equipment, machines and materials or other hazards consequential or related to the work;
and agrees additionally to accept the sole responsibility for complying with all City, County,
State or other legal requirements including, but limited to, full compliance with the terms of
the applicable OSHA, CAL EPA Safety Orders and ANSI Z133.1 Safety Requirements for
Arboricultural Operations at all times so as to protect all person, including Contractor
employees, agents of the City, vendors, members of the public or others from foreseeable
injury or damage to their property.
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Scope of Work Attachment A
O. Traffic Control
The Contractor shall be responsible for traffic control and safety regulations as related to any
City, State or County requirements while working in the public right-of-way or on any City
project. The design and operation of work zone traffic controls must comply with US
Department of Transportation/Federal highway Administrative guidelines and any City,
County or State supplements guidelines and/or regulations and laws. All operations will be
conducted by the Contractor to provide maximum safety for the public according to the most
recent edition of the MUCTD (Manual on Uniform Traffic Control Devices) and any California
supplements to the MUCTD and any local regulations.
Where work is in progress, each street shall be open to local traffic at all times unless prior
arrangements have been made and approved by the City's designated representative.
The Contractor shall display standardized warning signage when controlling traffic around
any area used for staging or working in any area that is subject to pedestrian or vehicular
traffic. At no time shall traffic be permitted to enter, or operations allowed to continue, in any
work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic.
The Contractor may be required to submit a traffic control plan to the Engineering
Department as directed by the City's designated representative.
P. Utility Coordination
The Contractor shall recognize the rights of utility companies within the public right -of- way or
on any City project and their need to maintain and repair their facilities. The Contractor shall
exercise due and proper care to prevent damage to utility facilities and to adjust schedules
when utility operations prevent the Contractor from maintenance during a specified time
frame. No additional compensation will be allowed for complying with these requirements.
Contractor shall notify the City's designated representative of any utility that is disturbed or
damaged and shall contact the appropriate utility to arrange for repair.
Q. Authority and Inspections
1) The City's designated representatives shall, at all times, have access to the work and
shall be furnished with every reasonable facility for acquiring full knowledge with
respect to the progress, workmanship and characters of materials and equipment
used and employed in the work. Whenever the Contractor varies the period during
which work is carried out, they shall give due notice to the City's designated
representative so that property access for inspection may be provided. Any
inspection of work shall not relive the Contractor of any obligations to fulfill the
Contract as prescribed. Any and all questions regarding the performance of the work
shall be directed to the City's designated representative.
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Scope of Work Attachment A
2) If it appears that the work to be done or any matter relative thereto is not sufficiently
detailed or explained by the specifications, the Contractor shall apply to the City's
designated representative for such further explanation as may be necessary and shall
conform to such explanation or interpretation as part of the Contract so far as may be
consistent with the intent of the original requirements.
3) All work shall be completed to the satisfaction of and under the supervision of the City's
designated representative. Failure to comply with any requirement contained herein may
result in suspension of work without time extension or termination of Contract.
Inspection of work will be done by the City's designated representative, during the
performance of work or when deemed necessary.
4) If any portion of the work done under the Contract proves defective or not in accordance
with the requirements, and if the imperfection in the same is not of sufficient magnitude
or importance to make the work dangerous or undesirable, the City's designated
representative shall have the right and authority to retain the work, but he/she may make
such deductions in the payment due the Contractor as may be just and reasonable.
Any work which is defective or deficient in any of the requirements or specifications shall
be remedied or removed and replaced by the Contractor in an acceptable manner and
within a reasonable amount of time as determined by the City, at the Contractor's own
expense.
In any other case, a letter will be sent to Contractor noting deficiencies, and the
Contractor shall make a reasonable and good faith effort to correct the deficiencies within
a reasonable period of time not to exceed three (3) days from notification. After this time
period, if unacceptable conditions still exist, the City has the right to terminate the
Contract or deduct payment as is proportionately appropriate for non-compliance with the
requirements and specifications of the Contract.
R. Quantities/ Minor Modifications and/or Additional Work
The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of
the work described in the requirements or specifications or the proposal form or to omit
portions of the work so described as may be deemed necessary or expedient by the City's
designated representative and the Contractor shall agree not to claim or bring suit for
damages, whether for loss of profits or otherwise, on account of any decrease or omission of
any kind of work to be done. The City shall reduce the price accordingly. Alterations,
modifications or deviations from the work described in this document shall be subject to prior
written approval of the City. Any price adjustments shall be made by mutual consent of the
City and Contractor.
Should a change or extra work be found necessary by the City, all changes and extra work
shall be performed at the same unit price of any proposal item listed. If the work is not listed
Urban Forestry Maintenance Services 8 October 4, 2012
RFP No. 2012-01
Scope of Work Attachment A
as a proposal item, the Contractor shall submit a fair cost for the work to be performed. A
change order authorization, in writing, will be issued by the City.
S. Invoicing
Contractor shall be required to submit invoices on a monthly basis. Invoice format shall
include but not be limited to the date the work took place, a list of each street that work took
place, the address of each individual work site and the activity, the species and its current
condition, height, trunk diameter and canopy spread of each individual tree. Each invoice
shall include an exact copy in electronic format that is compatible with the City's Tree
Inventory program, Failure to submit invoices in this format may result in non-payment until
these requirements are met.
T. Withholding Payment
The City may withhold payment to such extent as may be necessary to protect the City from
loss due to one or more of the following reasons:
1) Defective, unsatisfactory or inadequate work not corrected;
2) Claims filed, or reasonable evidence indicating probable filing of claims;
3) Failure of the Contractor to make proper payments to subcontractors or for materials or
labor;
4) A reasonable doubt that the contract can be completed for the balance unpaid; and,
5) Damage that resulted from an incident involving property damage.
U. Stop Work
1) If the Contractor, after having officially commenced work on said Contract, should
discontinue work for any cause, he/she shall notify the City's Designated
Representative of the intent to do so, and shall further notify of the date for restarting
operations.
2) The City, at the discretion of the City's Designated Representative, may require the
Contractor to Stop Work if any condition presents an unreasonable liability to the
City, until such time as the condition is corrected to the satisfaction of the City.
V. Risk Management
Tree work is a controlled task. At no time should work be performed so as to result in a
loss of control incident (e.g. free -falling large limbs or trunk sections, hinge cutting to avoid
use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper
use/loading of equipment). Failure to maintain control at all times is dangerous and can
result in serious injury. A loss control incident will not be tolerated and may result in
termination of this Contract. The Contractor shall be responsible for mitigating any
damage related to a loss of control incident.
W. Investigation
Urban Forestry Maintenance Services 9 October 4, 2012
RFP No. 2012-01
Scope of Work Attachment A
Contractor shall cooperate fully with the City in the investigation of any accident, injury or
death occurring on City property or while in the performance of work based on the contract,
including a complete written report submitted to the City's Designated Representative within
twenty-four (24) hours following the occurrence.
Should any structure or property be damaged during permitted or contracted tree operation,
the persons conducting the work shall immediately notify the proper owners or authorities.
Repairs to property damaged by the responsible party shall be made within forty-eight (48)
hours, except utility lines, which shall be repaired the same working day. Repairs on private
property shall be made in accordance with the appropriate building code under permits
issued by the City of Encinitas. Any damage caused by the permitted or contracted persons
shall be repaired or restored by them at their expense to a condition similar or equal to that
existing before such damage or injury, or they shall repair such damage in a manner
acceptable to the City.
Special attention is drawn to existing irrigation systems, plant material, landscape features,
lights and utility boxes in City parkways, parks and public landscape areas and the need to
avoid damage and to repair any damage that occurs within a reasonable amount of time as
determined by the City's Designated Representative.
The Contractor's responsibility shall be continuous and not be limited to working hours or
days.
Urban Forestry Maintenance Services 10 October 4, 2012
RFP No. 2012-01
Scope of Work Attachment A
Project Special Requirements
These project special requirements are intended to further address the Urban Forestry
Maintenance Services program requirements and to the help the Contractor fully understand what is
needed to fulfill the Contract. Within this section are the descriptions and specifications for the
detailed services and materials which will be necessary to provide services under the Contract and
shall be included in the base price of the proposal and shall not result in additional charges to the
City.
1. Clarification of Specifications
If any Proposer, prior to submitting their proposal should find any discrepancies and/or omissions
from the requirements and specifications or other contract documents, or if they should be in
doubt as to the true meaning of any part thereof, they shall at once make a written request to the
City of Encinitas' designated representative for corrections, clarification, or interpretation. The
person submitting such request shall be responsible for its prompt delivery.
In the event that the City of Encinitas' designated representative receives a request and it should
be found that certain essential information is not clearly and fully set forth, or if the City discovers
errors, omissions, or points requiring clarification in these documents, a written addendum will be
mailed to each person to whom a set of RFP documents has been delivered. The City will not be
responsible for any instructions, explanations, or interpretations of the documents presented to
Proposers in any manner other than written addendum.
2. Work Quality & General Standards
All work as part of this contract shall comply with good arboreal practice for the particular species
of trees being worked on and shall be consistent with national standards. All trees being trimmed
will meet Pruning Standards as adopted by the International Society of Arboriculture, and/or
"Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT-288. The Contractor
shall also meet the requirements of the most current American National Standard Institute, Inc.,
"Safety Requirements for Tree Pruning, Trimming, Repair or Removal."
The City's Designated Representative shall determine if the Contractor has met all trimming
requirements and payment shall not be made for trimming that is not in accordance with the
above standards. The Contractor shall be deemed in contract default, if they consistently fail to
comply with the contract standards.
The City of Encinitas has developed an Urban Forest Management Program Administrative
Manual, hereinafter referred to as The Manual. This Manual is available on the City's website
and will be used, where applicable, to ensure the Contractor meets the City's requirements for
Urban Forest Maintenance. Should a discrepancy between this contract, the national standards
for tree work or The Manual exist, the Contractor and the City's Designated Representative will
meet and resolve the discrepancy to the satisfaction of the City.
Urban Forestry Maintenance Services 11 October 4, 2012
RFP No. 2012-01
Scope of Work
Attachment A
No worker shall enter a fenced or otherwise secured area of private property without the consent
of the property owner.
3. Public Noticing
At least seventy-two hours (72) prior to the commencement of any non -emergency work at any
tree site, the Contractor shall notify the occupant(s) of that property of the type of work that shall
be performed and the anticipated duration of the work. In addition, the Contractor shall supply
and post standard signage at the site work at which work is to be performed, at least forty-eight
(48) hours in advance of work with the signage clearly stating what type of work is to be done
and what affect the work will have on parking availability at that particular site. The Contractor
may not use any material to affix signs to trees that may cause death or permanent damage to
the tree(s).
4. Tool Sanitation
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces
shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between
trees where there Is danger of transmitting the disease on tools. Fresh solution shall be mixed
daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old
bleach solutions on the ground or down the storm drain and will result in severe penalties to the
Contractor and may result in the termination of this Contract.
5. Wildlife protection
Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually
surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of
any type. If a nest is found and is determined to be active, there shall be no work of any type in
the tree in which the nest is found without the written permission of the City's Designated
Representative. At no time shall any nest or wildlife be removed from its location. In the event
that wildlife is accidentally displaced and needs assistance, the Contractor shall notify Animal
Control and/or the nearest appropriate animal rescue facility, as identified in the Contractor's
submittal required herein regarding "Protection of Wildlife", shall be contacted for assistance.
6. Pre -inspection
Prior to the commencement of any work in the vicinity of any tree, the Contractor shall identify
the location of utilities, irrigation components and/or any private property element(s) that could be
compromised by any work activity. If identified, the Contractor shall take appropriate action to
protect same. If, during the course of pre -inspection, the Contractor identifies damage that exists
before the onset of work, the Contractor shall document the damages with photos and report
such damage to the City's Designated Representative prior to commencing work in that area. All
photo documentation shall have the time and date embedded. Any claim of damage that cannot
be refuted by photo -documentation and/or a written report to the City's Designated
Representative shall be considered the responsibility of the Contractor.
7. Setup, Operations, Equipment Staging
Urban Forestry Maintenance Services 12 October 4, 2012
RFP No. 2012-01
Scope of Work Attachment A
The Contractor shall setup, operate and stage in a manner that presents the least amount of
disruption to residents, businesses, the public and traffic flow. Outside of an emergency
situation, at no time will multiple setups or equipment staging be allowed on both sides of a street
within the same block. Equipment shall never be stored or left unattended on a public street, City
facility or private property without prior authorization from the City's Designated Representative
or in the case of private property, owner of that property. The staging of equipment shall not be
exempt from the work hour restrictions defined herein.
8. Identification and reporting of hazards
While performing work of any type, the tree worker should inspect for any obvious hazards
related to trees. All hazardous situations should be corrected or promptly reported to the City.
Any defective or weakened trees shall be reported to the City's Designated Representative.
9. Cleanup of greenwaste & debris:
Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly
removed. The work area shall be kept safe at all times until all operations are completed. Under
no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose
a hazard to the public. During production trimming and removals; debris shall be removed from
public rights of way and private property within one (1) hour of the completion of work on the tree
from which the debris was generated. All trimming activities shall cease immediately if clean up
equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). Street
rights -of -way shall not be used to stage unattended debris generated during standard work
hours. All debris from tree operations shall be cleaned up each day before the work crew leaves
the site. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush,
branches, or other debris shall be removed from the site. Areas are to be left in a condition equal
to or better than that which existed prior to the commencement of tree operations. No material is
to be allowed to enter any storm drain. All brush generated from tree trimming operations shall
be recycled where practical.
A. Greenwaste Report:
Greenwaste that is transported to an offsite facility for grinding into mulch shall be
documented and submitted to the City's Designated Representative on a monthly basis.
Weight slips shall be required as proof of disposal and shall be included in the monthly
Greenwaste Report.
B. Wood Chips and/or Mulch:
1) Chips or mulch generated from trimming operations within the City may be dumped and
spread at a City designated site upon specific permission from the City's Designated
Representative.
C. Milling:
Urban Forestry Maintenance Services 13 October 4, 2012
RFP No. 2012-01
Scope of Work Attachment A
At the direction of the City's Designated Representative, large tree trunks, which
meet proper specifications, will be required to be milled into lumber suitable for use
in a variety of applications. Milled lumber shall be returned to the City at a cost to be
included in the bid proposal.
2) At the direction of the City's Designated Representative, wood waste generated from tree
removals shall be chipped into pure wood chips with an even uniform size. These chips
shall be dumped and spread in specified locations in the City.
10. Education and Outreach
Education is an integral and primary element of the City's Urban Forest Management Program.
The Contractor is required to provide support to the City's education and outreach efforts at no
additional cost to the City. The Contractor is required to participate in the City's Arbor Day Event,
which is typically held in April or May each year, and will be required to provide additional
education and outreach support to the City when requested.
11. Tree City USA:
The City of Encinitas is a designated as a "Tree City USA," as determined by the Arbor Day
Foundation. The Contractor will endeavor to provide support to the City to ensure the City
maintains this designation.
12. Cooperative Bidding:
Other Public agencies may be extended the opportunity to purchase off this proposal and
subsequent agreement if the successful vendor(s) and the City of Encinitas agree. The lack
of exception to this clause in vendor's response will be considered agreement. However, the
City of Encinitas is not an agent of, partner to or representative of these outside agencies
and is not obligate or liable for any action or debts that may arise out of such independently
negotiated "piggy -back" procurements.
Urban Forestry Maintenance Services 14 October 4, 2012
RFP No. 2012-01
Payment for Services Attachment B
The PROVIDER agrees to furnish all materials, supplies, equipment and/
herein, subject to all conditions outlined in the Request For Proposal (RFP),
below. All applicable services include cleanup and disposal.
Tree Planting — (per tree)
Tree planting includes tree, materials and planting costs.
15 Gallon (double staked per specs)
24 inch Box (double staked per specs)
36 inch Box (double staked per specs)
48 inch Box
60 inch Box
Tree Watering (per hour)
Watering of young trees, water truck/operator-per hour
Tree Pruning (by Grid)
Price per tree to Prune by Grid
Tree Pruning (per Service Requests)
Full prune tree
0" - 6" Diameter Standard Height
7" - 12" Diameter Standard Height
13" - 18" Diameter Standard Height
19" - 24" Diameter Standard Height
25" - 30" Diameter Standard Height
31" - 36" Diameter Standard Height
36"+ Diameter Standard Height
Crown Raise/Clearance Prune Hardwood tree
0" - 6"
7" - 12"
13" - 18"
19" - 24"
25" - 30"
31"- 36"
36"+
Diameter Standard Height
Diameter Standard Height
Diameter Standard Height
Diameter Standard Height
Diameter Standard Height
Diameter Standard Height
Diameter Standard Height
Palm Tree Trimming:
Prune Date Palm (Phoenix spp.)
Clean Trunk for Date Palm (Phoenix spp.)
Prune Fan Palm (Washingtonia spp.)
Clean Trunk for Fan Palm (Washingtonia spp.)
Prune all other Palm Species
or services set forth
at prices indicated
Unit Price in Figures
$ 120.00
$ 200.00
$ 500.00
$ 1,000.00
$ 2,000.00
$ 60.00
$ 44.00
$ 30.00
$ 60.00
$ 85.00
$ 115.00
$ 185.00
$ 250.00
$ 250.00
$ 20.00
$ 20.00
$ 50.00
$ 50.00
$ 50.00
$ 80.00
$ 80.00
$ 120.00
$ 30.00/Lineal Foot
$44.00
$ 10.00 / Lineal Foot
$ 44.00
Urban Forestry Maintenance Services 1 October 4, 2012
RFP No. 2012-01
Payment for Services Attachment B
Tree Removal — (per inch) Unit Price in Figures
Tree and Stump removal per inch trunk Diameter at Standard Height (DSH)
0" - 6" DSH $ 17.00
7" - 12" DSH $ 17.00
13" - 18" DSH $17.00
19" - 24" DSH $17.00
25" - 30" DSH $17.00
31" - 36" DSH $ 27.00
Over 36" DSH $ 27.00
Stump grinding per stump diameter inch at grade $ 7.00
Milling Cost — (per board foot)
Milling Lumber per Board Foot $ 7.00
Root Prunino — (per linear foot)
Per foot of roots pruned $ 10.00
Root Barrier Installation — (per linear foot)
Per foot of root barrier installed $ 10.00
General Labor Rates — (by hour)
Hourly rate for 1 Ground -person
Hourly rate for 1 Equipment Operator
Hourly rate for 1 Trimmer
Day Rate Service Crew - (per day)
Boom truck per eight (8) hour day to include a
chip body, low decibel chipper, 1 trimmer, 2 ground persons
$ 60.00
$ 60.00
$ 60.00
$ 1,440.00
Specialty Equipment Day Rate — (per day)
Per eight (8) hour day $ 800.00
Emergency Services — (Der hour)
Fully equipped 3 person crew called in for emergency service:
During normal business hours
After hours, weekends &!or holidays
$ 180.00
$ 210.00
Arborist Reports — (per hour) Unit Price in Figures
Cost per hour $ 100.00
GPS Tree Inventory — (per tree site)
Cost per tree site $ 2.00
Urban Forestry Maintenance Services 2 October 4, 2012
RFP No. 2012-01
Name
Listing of Subcontractors Attachment C
Business Address Work Activity
There are no subcontractors planned at this time.
Urban Forestry Maintenance Services 1 October 4, 2012
RFP No. 2012-01
West Coast Arborists, Inc.
Scope of Work
Project Requirements
The Scope of Work for this Contract is to provide professional Urban Forestry
Maintenance Services for tree pruning and trimming, using a grid system priced at
$44.00 per tree within the grid, to maintain the City of National City's trees in a safe,
attractive and overall healthy condition
The contract is not to exceed $25,000 and runs through June 30, 2015.
EXHIBIT B
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE
LISTED. ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW.
This is to Certify that
WEST COAST ARBORISTS, INC
2200 EAST VIA BURTON
ANAHEIM CA 92806
L
NAME AND
ADDRESS
OF INSURED
Liberty Mutual.
INSURANCE
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed pobcy(ies) is subject to all their terms, exclusions and
Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be ismed_
TYPE OF POLICY
•
•EXTENDED
FA
EXP DATE
CONTINUOUS
POLICY TERM
POLICY NUMBER
LIMIT OF LIABILITY
WORKERS
COMPENSATION
STATUTORY
7/1/2015
WA7-66D-039499-074
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
EMPLOYERS LIABILITY
CA,NV,AZ
BodilyIn u ry by Accident
�1.000.00OEa. Accidcm
Bodily Injury By Disease
$1,000,000 policy imit
Bodily Injury By Disease
$1.000.000 Farh P
GENERAL
F
•
COMMERCIAL
LIABILITY
OCCURRENCE
CLAIMS MADE
7/1/2015
TB2-661-039499-014
General Aggregate
$2,000,000
Products / Completed Operations Aggregate
$2,000,000
Each Occurrence
$1,000,000
Personal & Advertising Injury
$1,000,000 Per Person / Organization
RETRO DATE
Other
FIRE DAMAGES $100,000
Other
MEDICAL PAYMENTS $5,000
5
��
5
AUTOMOBILE
LIABILITY
OWNED
NON -OWNED
HIRED
7/1/2015
AS7-661-039499-034
Each Accident —Single Limit
$2,000 000 B.I. And P.D. Combined
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
OTHER
Umbrella Excess Liability
7/1/2014 - 7/1/2015
TH7-661-039499-044
$5,000,000 PER OCCURRENCE/AGGREGATE
ADDITIONAL COMMENTS
• If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950
L
J
Liberty Mutual
Insurance Group
Elaine Ulan
Los Angeles / 0603 AUTHORIZED REPRESENTATIVE
818 W 7th Street, Suite 850 0564408
Los Angeles CA 90017 213-624-1171 9/24/2014
OFFICE PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10
CERT NO.: 21719327 CLIENT CODE: LM 2619 Kathy Creisher 9/24/2014 3:27:08 PM (CDT) Page 1 of 1
LDI COI 268896 02 11
Fonn
(Rev.
InternaleDeparte
erne
August2013)
ment Treasury
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Print or type
ii See Specific Instructions on page 2.
Name (as shown on your income tax return)
West Coast Arborists, Inc.
Business name/disregarded entity name, if different horn above
Check appropriate box
for federal tax classification:
TrusVestate
►
Exemptions
payee
Exemption
code (if any)
(see instructions):
code (if ony)
ti Individual/sole
proprietor O C Corporation I S Corporation I Partnership 0
II Limited liability
111 Other (see instructions)
company. Enter the tax classification(C=CExempt
corporation, S=S corporation. P=partnership)
►
from FATCA reporting
Address (number, street, and apt. or suite no.)
2200 E. Via Burton St.
Requester's name and address (optional)
City, state, and ZIP code
Anaheim, CA 92806
List account numbers) here (optional)
.w. .. - _--..
u
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" itne
to avoid backup withholding. For individuals, this is your social security member (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Social security number
Employer Identification number
9
5
3
2
5
0
6
8
2
Part II
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign
Here
Signature of
U.S. parson.
General Instructions
Section references ars to the Internal Revenue Code unless otnoted.
Future developments. The IRS has created a page on IRS.gov for infonnellon
about Form W-9, at www.irs.gov/w9. Information about any future developments
affecting Form W-9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an Information return with the IRS must obtain your
correct taxpayer Identification number (rIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third patty network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Font, W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and when
applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
Date►
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, Is correct.
Note. If you area U.S. person and a requester gives you a form other than Form
W-9 to request your TIN, you must use the requester's form If It is substantially
similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, in certain cases where a Form W-9 has not been received,
the rules under section 1446 require a partnership to presume that a partner Is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner In a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your share of partnership income.
Cat. No. 10231X
Form W-9 (Rev. 8-2013)
OR
EST
TREE SURGEONS INC.
P.O. BOX 16363
SAN DIEGO, CA 92176-6363
City of National City Public Works
Att'n: Miguel Diaz
2100 Hoover Ave.
National City, Ca 91950
Estimate
Date
Estimate #
2/28/2014
38567
Project
Description
Qty
Cost
Total
City Hall:
Trim Large - Podocarpus trees
1
82.00
82.00
Trim Bahinia trees
1
62.00
62.00
Trim Jacaranda trees
1
62.00
62.00
Trim Date Palm trees (Dead fronds & fruit clusters only)
1
175.00
175.00
Trim Queen Palm trees
1
35.00
35.00
Trim Fan Palm trees
1
45.00
45.00
Trim hardwood trees
1
66.00
66.00
In Parks:
Pollard Eucalyptus trees
1
425.00
425.00
Remove Eucalyptus trees & grind out stumps
1
950.00
950.00
Chip, clear & haul debris
Thank you for the opportunity to service your tree care needs. We
hope we can be of service.
Sincerely
Eugene Schwartz
ISA Certified Arborist
Western Chapter #3137A
(619)661-5001
FAX (619) 661-5005
email: arborwestl@aol.com
www. arborwesttree.com
Miscellaneous tree maintenance at various locations
Total
$1,902.00
Ray Roberson
From: Miguel Diaz
Sent: Monday, August 11, 2014 4:12 PM
To: Ray Roberson
Subject: FW: Tree Quote
Ray here is the email sent to Western Tree service. They did not respond. This was sent to then back on May 29, 2014
Miguel
From: Miguel Diaz
Sent: Thursday, May 29, 2014 3:07 PM
To: 'westerntree@hotmail.com'
Cc: Miguel Diaz
Subject: Tree Quote
Good Afternoon,
My name is Miguel Diaz Park Superintendent for the City of National City. We are looking into having some tree work
done throughout the city.
We are interested in get a quote from you on the following type of trees.
Queen Palms
Washingtonia Robusta
Phoenix Canariensis
Hardwood trees
Miguel Diaz
Park Superintendent
City of National City
mdiazianationalcityca.gov
619-336-4288
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
WEST COAST ARBORISTS
Urban Forestry Maintenance Services
Kathy Guzman (Engineering / Public Works) Forwarded
Copy of Agreement to West Coast Arborists