HomeMy WebLinkAbout2016 CON West Coast Arborists - Tree InventoryAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS AGREEMENT is entered into this 29th day of April, 2016, 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 a comprehensive
tree inventory.
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.
WHEREAS, this contract is being awarded based on cooperative purchasing, as permitted
in National City Municipal Code section 2.60.260. The City of Lomita has gone through a
competitive process for these services and selected this CONTRACTOR, and the CITY is
entering into this Agreement with the scope of work and prices established through that
competitive process regarding tree inventory 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 a comprehensive tree
inventory, not to exceed $50,000, as the same are set forth in Contractor's proposal. The
CONTRACTOR will perform services as set forth in the attached Exhibit "A".
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,
consistent with the rates and unit prices set forth in Exhibit "B". The cost for the work described
in Exhibit "A " shall not exceed a total of $50,000. 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" and billed in accordance with the prices and rates in
Exhibit "B", 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 April 29, 2016. The duration of this Agreement is for the period of
April 19, 2016 through June 30, 2017.
Provided that the City is satisfied with CONTRACTOR'S performance under this
Agreement and CONTRACTOR is in full compliance with the terms and conditions of the
Agreement, the City has, 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.
If the option to extend this Agreement is exercised, the CONTRACTOR may
request, in writing, a unit price increase not to exceed the current San Diego Area Consumers
Price Index or 2.5% whichever is greater. All new price increases shall take effect upon
execution of an Agreement extension.
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.
2 City's Standard Agreement —2014 revision
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.
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.
3 City's Standard Agreement —2014 revision
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.
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
4 City's Standard Agreement —2014 revision
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 as 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
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
5 City's Standard Agreement —2014 revision
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,
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.
6 City's Standard Agreement —2014 revision
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 -
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.
7 City's Standard Agreement —2014 revision
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
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,
8 City's Standard Agreement —2014 revision
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
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.
9 City's Standard Agreement —2014 revision
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.
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.
10
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
1w�
Leslie Deese, City Manager
P.' ROVED • _ TO FO
audia Gac'tua ' ilva
City Attorne
11
WEST COAST ARBORISTS, INC,"
(Corporation — signatures of two co ror off cers.fequired)
By:
(Name)
Patrick Mahoney
(Print)
President
(Title)
By:
(Name)
Richard Mahone
(Print)
Assistant Secretary
(Title)
City's Standard Agreement —2014 revision
Exhibit A
West Coast Arborists, Inc.
Scope of Work
Project Requirements
The Scope of Work for this Contract is to provide a comprehensive tree inventory
for the City of National City.
The contract is not to exceed $50,000 and runs through June 30, 2017.
Tree Inventory
The Contractor will provide and maintain a record keeping system consisting of an internet-
based software program that allows the City to access information about its tree population,
including the description of each tree by species, height, diameter, work history, and tree and
planting site location. The tree inventory software program shall be an Internet -driven tracking
program. The program shall have the capability to produce detailed listings of tree and site
information, work histories, service requests, summary reports and pictures of City tree
species. The Contractor shall provide 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. Attributes to be collected by
field personnel may include Address, Street, Facility, Species, Diameter, Crown, Height,
recommended maintenance, overhead utilities and parkway size and type.
GPS Tree Inventory
Provide the City with Global Positioning System (GPS) coordinates for all trees in public
spaces. This includes but is not limited to all publicly owned trees on street rights -of -way,
parks, City facilities and open spaces such as medians, greenscapes, etc. The address
information contained in inventory should be linked directly to a Geographical Information
System (GIS) program, such as ArcView. Using a handheld computer, the inventory collector
will identify the trees by their global coordinates of longitude and latitude. By collecting the
data using the GPS system, the City can consolidate the tree data with other various GPS
coded programs in the City. At the end of the project, the City will receive a complete listing
of all sites inventoried, both in hard copy and software, which will enable the City to connect
the inventory to the City's GIS system.
A GPS tree inventory shall be created with a new database using a standardized addressing
system for all parks and open space areas. Contractor shall be required to create an ESRI
ArcView/ArcGIS compatible "shape file". Thee inventory to the City's GIS system. New
inventory shall be capable of showing the location of every existing tree site and vacancies on
the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The
consultant's tree inventory shall be conducted by visiting each tree site or vacant planting site
and plot the position. The data shall be compatible with the latest version of ArcView.
Minimum accuracy shall be as close as possible to one (1) meter
cxnidit n
City of Lomita
January 2016
VII. SCHEDULE OF COMPENSATION
In conformity with the terms and conditions of the contract,
West Coast Arborists, Inc. hereby proposes to
the following schedule of compensation:
DESCRIPTION
ROUTINE ANNUAL TREE
TRIMMING ON GRID BASIS
UNIT
per tree
UNIT PRICE
$ 63.00
AESTHETIC OR SERVICE
REQUES PRUNNING
0-6" dbh per tree $ 63.00
7-12" dbh per tree $ 93.00
13-18" dbh per tree $ 93.00
19-24" dbh per tree $ 173.00
25-36" dbh per tree $ 173.00
37" dbh & over per tree $ 253.00
PALM TREE TRIMMING
Coco palm, any size
Washington Palm, any size
King or Queen Palm any size
Canary Island Date Palm, any size
per tree
per tree
per tree
per tree
$ 43.00
$ 63.00
$ 43.00
$ 153.00
TREE REMOVAL
Tree and stump removal 0-24" dbh per diameter inch $ 24.00
Tree and stump removals over 25" dbh per diameter inch $ 34.00
Stump only removal per diameter inch $ 10.00
TREE PLANTING (includes labor, tree and 90-day watering)
15 gallon tree per tree $ 153.00
24 inch box tree per tree $ 253.00
36 inch box tree per tree $ 853.00
TREE WATERING
per day $ 600.00
EXHIBIT B
Page 24
CLEARANCE TRIMMING
0-6" dbh
7-12" dbh
13-18" dbh
19-24" dbh
25-36" dbh
37" dbh & over
per tree
per tree
per tree
per tree
per tree
per tree
$ 43.00
$ 63.00
$ 63.00
$ 83.00
$ 83.00
$ 83.00
CREW RENTAL
3 man crew with equipment
2 man crew with equipment
1 man crew with equipment
3 man crew with equipment Overtime
SPECIALTY EQUIPMENT
EMERGENCY/ON CALL RESPONSE
3-man crew with equipment
(evening, weekend, or holiday call -out)
TREE INVENTORY SOFTWARE
GPS INVENTORY
per crew hour
per crew hour
per crew hour
per crew hour
per hour
per hour
annually
per tree site
TREE INVENTORY UPDATES per hour
(Adding new sites and/or work history)
$
210.00
140.00
70.00
240.00
$ 120.00
$ 300.00
$ 0.00
$ 2.00
$ 60.00
COOPERATIVE PURCHASE
It is intended that any other public agency (e.g., city, county district, public authority, public
agency, municipality, and other political subdivision or public corporation) shall have the option
to participate in any award made as a result of this solicitation at the same prices. The City
shall incur no financial responsibility in connection with any purchase by another public
agency. The public agency shall accept sole responsibility for placing orders and making
payments to the vendor.
Page 25
CITY OF LOMITA
CITY COUNCIL REPORT
TO: City Council Item No.
FROM: Stephen R. Burrell, Interim City Manager
PREPARED BY: Mark A. McAvoy, R.E., Public Works Director/City Engineer
MEETING DATE: December 9, 2015
SUBJECT: Award of an Agreement to West Coast Arborists, Inc. for Tree
Maintenance Services
RECOMMENDATION
It is recommended that the City Council:
1. Award an Agreement for tree maintenance services to West Coast Arborists, Inc.
for an amount not to exceed $41,000 per year, for a term of three (3) years; and
2. Authorize the Interim City Manager to execute the Agreement.
BACKGROUND
The City utilizes contract tree trimming and tree maintenance services, to perform
annual tree maintenance for the City's urban forest. The City is divided into four (4) tree
maintenance zones, and typically one zone per year is trimmed, though some minor
additional maintenance in the other three (3) zones will also occur. This way, all trees
are inspected and judiciously pruned once every four to five years.
The previous agreement was with West Coast Arborists, Inc., and it expired on June 30,
2015. In September 2015, staff issued a request for proposals for tree maintenance
services, to include tree inventory, tree trimming/pruning, tree and stump removal, and
planting. Two (2) proposals were received on November 5, 2015 from the following
companies:
West Coast Arborists, Inc.
Golden West Arbor Services
SELECTION PROCESS
Staff reviewed the proposals by evaluating each company's experience, credentials,
and total aggregate costs. After a thorough review of the proposals, it was determined
that West Coast Arborists, Inc. (WCA) offered more competitive pricing and service,
including performing a tree asset inventory.
The City has worked with WCA for many years and has maintained a successful
relationship. WCA has existing tree maintenance contracts with several neighboring
cities including Torrance, Rolling Hill Estates, and Los Angeles, in addition to their
previous successful work for Lomita. Staff has performed reference checks with some of
WCA's clients, all of whom spoke highly of them. Therefore, staff recommends WCA be
awarded an agreement for tree maintenance services.
FISCAL IMPACT
Funds in the amount of $41,000 have been included in the FY 2015-16 budget to cover
the cost of these services.
OPTIONS:
1. Award the Agreement to West Coast Arborists, Inc. for an annual amount not to
exceed $41,000, for a term of three (3) years and authorize the Interim City
Manager to execute the Agreement.
2. Provide alternative direction.
ATTACHMENTS
Agreement with West Coast Arborists, Inc. (including Exhibit A: West Coast Arborists,
Inc. Proposal)
Reviewed by:
Gary Sugan
Assistant City Manager
Prepared by:
Mark A. McAvoy, P.E.
Public Works DirectorlCity Engineer
Approved by:
Step'h n Burre 1
Interim City Manager
ATTACHMENT A
TREE MAINTENANCE SERVICES AGREEMENT
TREE MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT is made as of December 9, 2015 by and between the City of
Lomita, a municipal corporation ("City") and West Coast Arborists, Inc., ("Contractor").
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor
to provide tree maintenance services to City as set forth in the City's Request for
Proposals dated September 2015, including all its appendices, attached hereto as
Exhibit A.
B. Contractor represents that it is fully qualified to perform such tree
maintenance services by virtue of its experience and the training, education and
expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
I. Contractor's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Contractor are as described in Exhibit A attached hereto and
incorporated herein by reference.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Contractor are as set forth in Exhibit.
C. Additional or Other Services. Any proposed changes in the work to
be performed under this Agreement shall be made only by written amendment to this
Agreement. Contractor is not authorized to undertake any work which would result in
costs, expenses, or fees in excess of the costs contained in Exhibit "A" without the
express written approval of the Interim City Manager. Should the City require the
Contractor to provide additional services beyond the Scope of Work described in Exhibit
A, for services not specifically described therein, the rates and quantities shall be
negotiated between the City and Contractor.
2. Term of Agreement. This Agreement shall take effect upon execution by
both parties and shall continue until three (3) years after, unless earlier terminated
pursuant to the provisions herein. City may, in its sole discretion, elect to extend the
Term of this Agreement without seeking competitive proposals for an additional three
(3) years upon successful demonstration of exemplary contract performance.
3. Compensation. City agrees to compensate Contractor for each service
which Contractor performs to the satisfaction of City in compliance with the schedules
set forth in Exhibit A. Payment will be made only after submission of proper invoices in
the form specified by City. The annual contract amount shall not exceed Forty -One
Thousand Dollars ($41,000).
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Contractor's proposal, the provisions of
this Agreement shall control.
A. Time is of the Essence — Contractor agrees to perform the services
and deliver the work products provided for herein in strict accordance with
any schedules set forth by the City.
B. License: Standard of Care — Contractor represents and agrees that
all personnel engaged by the Contractor in performing the services are
and shall be fully qualified and are authorized or permitted under Federal,
State, and local law to perform such services. Contractor represents and
warrants to the City that it has all licenses, permits, qualifications, and
approvals required to provide the services and work required to be
performed by this Agreement.
1. Contractor further represents and warrants that it shall keep
in effect all such licenses, permits, and other approvals during the
term of this Agreement. Contractor shall perform the services
under this Agreement in a skillful and competent manner and in the
manner and according to the standards observed by a competent
practitioner of the work in which Contractor is engaged.
C. Subcontracting Subject to Approval — Contractor shall not
subcontract any portion of the work to other persons or contractors without
express written approval from the City.
D. Administration — This Agreement will be administered by the City
Manager or his designee. The Interim City Manager or his designee shall
be considered the Project Administrator and shall have the authority to act
for the City under this Agreement. The Interim City Manager or his
designee shall• represent the City in all matters pertaining to the services
to be rendered pursuant to this Agreement.
E. Contractor's Records — Contractor shall keep records and invoices
in connection with its work to be performed under this Agreement.
Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement. All such records shall be clearly
identifiable. Contractor shall allow a representative of the City during
normal business hours to examine, audit, and make transcripts or copies
of such records. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a
period of five (5) years from the date of final payment under this
Agreement.
5. Addresses.
City: City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
Contractor: West Coast Arborists, Inc.
2200 E Via Burton Street
Anaheim, CA 92806
6. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its agents or employees are in any manner
agents or employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to
Contractor under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
Contractor and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Contractor, then Contractor agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Contractor shall fully comply with the workers' compensation law
regarding Contractor and Contractor's employees. Contractor further agrees to
indemnify and hold City harmless from any failure of Contractor to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Contractor under this Agreement any amount due to City
from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
D. Contractor shall, at Contractor's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board. Contractor further
agrees to indemnify and hold City harmless from any failure of Contractor to comply
with the requirements in this Section 6. Additionally, the City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement for any
amount or penalty levied against the City for Contractor's failure to comply with this
Section 6.
7. Indemnification. Contractor shall indemnify, defend with counsel
approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable attorneys fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Contractor 's performance
of work hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City's passive negligence, but excepting such Toss or damage
which is caused by the sole active negligence or willful misconduct of the City. Should
City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys fees, expert fees and all other costs and fees of litigation. The Contractor
shall promptly pay any final judgment rendered against the City (and its officers,
officials, employees and volunteers) covered by this indemnity obligation. It is expressly
understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California and will survive termination
of this Agreement.
8. Insurance. Contractor shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company authorized
to do business in the State of California and approved by the City (1) a policy or policies
of broad -form comprehensive general liability insurance with minimum limits of
$5,000,000.00 combined single limit coverage against any injury, death, Toss or damage
as a result of wrongful or negligent acts by Contractor, its officers, employees, agents,
and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of $10,000,000.00; (3) automotive
liability insurance, with minimum combined single limits coverage of $1,000,000.00; and
(4) worker's compensation insurance with a minimum limit of $1,000,000.00 or the
amount required by law, whichever is greater. City, its officers, employees, attorneys,
and volunteers shall be named as additional insureds on the policy(ies) as to
comprehensive general liability, property damage, and automotive liability. The
policy(ies) as to comprehensive general liability, property damage, and automobile
liability shall provide that they are primary, and that any insurance maintained by the
City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Contractor pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed with a current A.M. Best's rating of no less that A ViI.
C. Contractor shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
D. The general and automobile liability policies required by this Agreement
shall allow City, as additional insured, to satisfy the self -insured retention ("SIR") and/or
deductible of the policy in lieu of the Contractor (as the named insured) should
Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or
deductible shall be subject to the approval of the City Attorney and the Finance Director.
Contractor understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Contractor as
primary insured to pay its SIR or deductible constitutes a material breach of this
Agreement. Should City pay the SIR or deductible on Contractor's behalf upon the
Contractor's failure or refusal to do so in order to secure defense and indemnification as
an additional insured under the policy, City may include such amounts as damages in
any action against Contractor for breach of this Agreement in addition to any other
damages incurred by City due to the breach.
E. Contractor shall furnish a Contract Performance Bond as set forth in
Exhibit A.
9. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor
covenants that all data, documents, discussion, or other information developed or
received by Contractor or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Contractor's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Contractor prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Contractor's
prior written consent, use the same for other unrelated projects.
10. Ownership of Materials. All materials provided by Contractor in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Contractor may, however,
make and retain such copies of said documents and materials as Contractor may
desire.
11. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Contractor under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Contractor further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Contractor shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
12. Termination. City may terminate this Agreement with or without cause
upon thirty (30) days written notice to Contractor. The effective date of termination shall
be upon the date specified in the notice of termination, or, in the event no date is
specified, upon the fifteenth (15th) day following delivery of the notice. In the event of
such termination, City agrees to pay Contractor for services satisfactorily rendered prior
to the effective date of termination. Immediately upon receiving written notice of
termination, Contractor shall discontinue performing services.
Contractor may terminate this Agreement, or any program or service provided
hereunder, at least ninety (90) days in advance of such termination. If this Agreement is
terminated by the Contractor, the Contractor shall be compensated for services
satisfactorily completed and approved prior to the effective date of termination.
13. Personnel. Contractor represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Contractor or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Contractor reserves the right to determine the assignment of its own
employees to the performance of Contractor's services under this Agreement, but City
reserves the right, for good cause, to require Contractor to exclude any employee from
performing services on City's premises.
14. Non -Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of Contractor state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without
the prior written consent of City, and any attempt by Contractor to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
16. Performance Evaluation. City will provide Contractor a written annual
administrative performance evaluation within ninety (90) days of the first anniversary of
the effective date of this Agreement, and each year thereafter throughout the term of
this Agreement. The work product required by this Agreement shall be utilized as the
basis for review, and any comments or complaints received by City during the review
period, either orally or in writing, shall be considered. City shall meet with Contractor
prior to preparing the written report. If any noncompliance with the Agreement is found,
City may direct Contractor to correct the inadequacies, or, in the alternative, may
terminate this Agreement as provided herein.
17. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
Contractor shall keep itself informed of all State and Federal laws and regulations which
in any manner affect those employed by it or in any way affect the performance of its
services pursuant to this Agreement. The Contractor shall, at all times, observe and
comply with all such laws and regulations. The City, and its officers and employees,
shall not be liable at law or in equity by reason of the failure of the Contractor to comply
with this paragraph.
18. Non Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
19. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and Contractors.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the parties
hereto for mediation. A third party, neutral mediation service shall be selected, as
agreed upon by the parties and the costs and expenses thereof shall be borne equally
by the parties hereto. In the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select such a neutral, third
party mediation service and the City Council's decision shall be final. The parties agree
to utilize their good faith efforts to resolve any such dispute or controversy so submitted
to mediation. It is specifically understood and agreed by the parties hereto that referral
of any such dispute or controversy, and mutual good faith efforts to resolve the same
thereby, shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile or electronic mail before or during regular
business hours; or (b) on the third business day following deposit in the United States
mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to
such other addresses as the parties may, from time to time, designate in writing
pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
26. Severability. If any provision in this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way
provided that the principal purpose of this Agreement is not thereby frustrated.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST: CITY OF LOMITA
By: By:
Sandra Medina,
City Clerk
"CONTRACTOR"
By:
Its:
Stephen R. Burrell
Interim City Manager
EXHIBIT A
WEST COAST ARBORISTS, INC. PROPOSAL
Tree Care Profersinsals Serving Communities )P7w CA' Aron! Trees
www.WCAINC.com
November 4, 2015
City of Lomita
Attn: Office of the City Clerk
24300 Narbonne Avenue
Lomita, CA 90717
RE: Tree Maintenance Services RFP
Due: Thursday, November 5, 2015 at 3:00 PM
To whom it may concern;
Thank you for allowing West Coast Arborists, Inc. (WCA) with the opportunity to submit a proposal to provide
tree maintenance services for the City of Lomita. WCA is a family -owned and operated company employing
over 750 full-time employees providing various tasks to achieve one goal: serving communities who care
about trees and landscape. We have reviewed, understand, and agree to the terms and conditions described
in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded to each
of these requirements to the best of our ability with no exceptions.
WCA's corporate values include listening to customers and employees that will help to improve services
offered. By establishing clear goals and expectations for the organization, supporting its diverse teams, and
exchanging frequent feedback from customers and employees- WCA's top management team has created a
culture where employees become accountable for actions and results.
WCA has a 43-year track record of working for more than 200 California, Arizona and Nevada municipalities
and other various agencies. Our company has been in business since 1972 and is licensed by the California
State Contractors License Boards under license #366764. We have held this license in good standing since
1978. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). We currently
employ over 75 Certified Arborists and over 100 Certified Tree workers, as recognized by the Western
Chapter of the International Society of Arboriculture. WCA is also registered with the Department of
Industrial Relations (DIR) for Public Works projects, our registration number is 1000000956. Should we be
awarded this project, we shall use full-time, in-house employees; no subcontractors will be used.
Our employees operate from one of our Anaheim, California offices: Anaheim {Corporate HQ), Ventura, San
Diego, Riverside, Fresno, San Jose and Stockton. For questions related to this proposal and who has the
authority to negotiate, please contact Victor Gonzalez, V.P. Marketing, at (714) 991-1900 or at
vgonzalez@wcainc.com. Robert Thompson, Area Manager, will be assigned to this project should WCA be
awarded this contract. He can be reached at (714) 240-1645 or at rhompson@wcainc.com.
Sincerely,
Patrick Mahoney
President
West Coast Arborists, Inc.
2200 E. Vic Burion Street • Aneheirn, CA 92806 • 714,991.1900 • 800.521.3714 • Fox 714.956.3745
Submitted By:
Name must correspond with the Contractor's License
X Corporation Partnership Individual Joint Venture
ff a corporation, under the laws of what State is it organized? California
California Regional Office (s): 2200 E. Via Burton, Anaheim, CA 92806
Use the form titled "Additional Information and/or Comments" for providing
requested or additional information for each of the following questions to
which you answer "yes" or for any comments.
A. Number of years performing tree maintenance under current
organization?
(a) As a general contractor? 43 years From 1972 to 2015
(b) As a subcontractor? N/A From to
B. Provide the following information as to contract experience with public
entities or governmental agencies only, within the past ten (10) years. If
none, write "NONE" on the chart.
Please refer to section titled "REFERENCES" in the attached.
Contract Title Completion Date, Agency Name, Phone # & Contact
C. Have you or your company, or any officer, manager or partner thereof,
failed to complete a contract for a Client? YES NO x . If "Yes",
indicate the name of each Client, dates, and the circumstances.
D. Has your company been assessed liquidated damages by a Client?
YES NO X ,
If "Yes", state the name of the Client, the date of the assessment, the title
and number of the contract, and the grounds on which the Client assessed
liquidated damages.
E. Is your company currently asserting against any Client any claim, or has
your company made such claim(s) against any Client? YES NO X .
If "Yes", as to each such claim, state the name of the Client, the date of the
claim, the grounds of the claim, the amount of such claim, the present
status of such claim, the date of resolution of such claim if resolved, and
the amount and method by which such claim was resolved.
F. Is your company currently a party against any Client in any litigation
pertaining to any contract, or has your company been a party to such
litigation? YES NO X
Page 7
if "Yes", as to each such litigation, state the name of the Client, case
number, the court and jurisdiction in which said litigation is pending or was
brought, the nature of the litigation, the amount at issue in the litigation, the
present status of such litigation, the date of resolution of such litigation if
resolved, and the amount and method by which such litigation was
resolved.
G. List the Experience Modification Rate (EMR) issued to your firm
annually by the Workers' Compensation Insurance Rating Bureau (WCIRB)
for the last three years. Beginning with the most recent year (Year 2014)
please insert the EMR rate issued by the WCIRB.
YEAR 2014: EMR:.59
YEAR 2013: EMR:.65
YEAR 2012: EMR: .90
lV SUBMITTALS
Bid proposals need to include the following:
A. A statement of the firm's qualifications, including the following:
1.. State of California Contractor's License number and expiration date, C-
27 & C61/D-49 and any other applicable licenses
2. Names, staff qualifications and proposed duties of staff to be assigned to
this contract. The firm shall identify an ISA certified arborlst who will be
responsible for providing project management for the duration of the
contract as well as a site supervisor, who is an ISA certified arborlst,
authorized to act on behalf of the firm.
B. List of staff qualifications including but not limited to:
1. All certified arborists employed by the firm
2. All certified utility arborists employed by the firm
3. All certified tree workers employed by the firm
4. All certified urban foresters and/or municipal arborists employed by the
firm
5. All utility line clearance tree workers employed by the firm
6. California state licensed pest control advisor and applicator employed by
the firm
7. Technicians providing technical support for inventory software
Page 8
VII. SCHEDULE OF COMPENSATION
In conformity with the terms and conditions of the contract,
West Coast Arborists, Inc. hereby proposes to
the following schedule of compensation:
DESCRIPTION
ROUTINE ANNUAL TREE
TRIMMING ON GRID BASIS
UNIT UNIT PR)CE
per tree $ 63.00
AESTHETIC OR SERVICE
REQUES PRUNNING
0-6" dbh per tree $ 63,00
7-12" dbh per tree $ 93.00
13-18" dbh per tree $ 93.00
19.24" 'dbh per tree $ 173.00
25-36" dbh per tree $ 173.00
37" dbh & over per tree $ 253.00
PALM TREE TRIMMING
Coco palm, any size per tree $ 43.00
Washington Palm, any size per tree $ . 63.00
King or Queen Palm any size per tree $ 43,00
Canary. Island Date Palm, any size per tree $ 153,00
TREE REMOVAL
Tree and stump removal 0-24" dbh per diameter inch $ 24.00
Tree and stump removals over 25" dbh per diameter inch $ 34.00
Stump only removal per diameter inch $ 10.00
TREE PLANTING (includes labor, tree and 90-day watering)
15 gallon tree per tree $ 153.00
24 inch box tree per tree $ 253.00
36 inch box tree per tree $ 853.00
TREE WATERING per day $ 600.00
Page 21
CLEARANCE TRIMMING
0-6" dbh.
7-12" dbh
13-18" dbh
19-24" dbh
25-36" dbh
37" dbh & over
CREW RENTAL
3 man crew with equipment
2 man crew with equipment
1 man crew with equipment
3 man crew with equipment. Overtime
SPECIALTY EQUIPMENT
EMERGENCY/ON CALL RESPONSE
3-man crew with equipment
(evening, weekend, or holiday call -out)
TREE INVENTORY SOFTWARE
GPS INVENTORY
TREE I VENTORY UPDATES
(Adding new sites and/or work history)
per tree
per tree
Per tree
Der tree
per tree
per tree
per crew hour
Der crew hour
per crew hour
Der crew hour
Per hour
per hour
annually
per tree site
per hour
$ 43.00
$ 63.00
$ 63.00
$ 83.00
$ 83.00
$ 83.00
$
$
210,00
140.00
70.00
240.00
120,00
$ 300.00
$ 0.00
$ 2.00
$ 60.00
Page 25
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 policy(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 issued
TYPE OF POLICY
11
•
FA
EXP DATE
CONTINUOUS
EXTENDED
POLICY TERM
POLICY NUMBER
LIMIT OF LIABILITY
WORKERS
COMPENSATION
Statutory Limits
7/1/2016
WA7-66D-039499-075
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
EMPLOYERS LIABILITY
All States Except:
ND, OH, WA, WY
Bodily Injury by Accident
$1,000.00OEachAccident
Bodily Injj�ury By Disease
$1 ,000,000 Policy imit
Bodily Injjury By Disease
$1,000,000 F.ach Person
GENERAL
FA
•
COMMERCIAL
LIABILITY
OCCURRENCE
CLAIMS MADE
7/1/2016
TB2-661-039499-015
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
Damage to premises rented to
you $300.000
Other
Medical Expense $5,000
��--77��
121
F4
El
AUTOMOBILE
LIABILITY
OWNED
NON -OWNED
HIRED
7/1/2016
AS7-661-039499-035
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
7/1/2015 - 7/1/2016
TH7-661-039499-045
$5,000,000 Per Occurrence/Aggregate
ADDITIONAL COMMENTS
The City of National City and its officers, agents and employees areadditional insured with regards to general liability and automobile liability, as
their interest may appear, where required by written contract.
The insurance afforded by the general liability policy for the benefit of the additional insu ed shall be primary and non-contributory.
Waiver of Subrogation is included in favor of the additional insured on workers compensation, where allowed by statute, and applies only to the
specific jobs of the insured performed under written contract, and where applicable by law.
" 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:
[-CityF-City of National City
1243 National City Blvd.
National City CA 91950
u
I
Liberty Mutual
Insurance Group
Elaine Ulan
Los Angeles / 0603
818 W 7th Street, Suite 850
Los Angeles CA 90017
OFFICE
AUTHORIZED REPRESENTATIVE
0564408
213-624-1171 9/23/2015
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
>534570 I LM 2819 7/15-7/16 - GL/2/1, AL/2, WC/1, U/5 I Nicholas Misoni 19/23/2015 11:25:48 AM (CDT) I Page 1 of 1
POLICY NUMBER: TB2-661-039499-015
COMMERCIAL GENERAL. LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured the peson(s) or
organization(s) shown in the Schedule, but only wlh
respect to Iiabkky for "bodily injury. 'property
damage" or "personal and advertising injury
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the Iocation(s)
designated above.
However.
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. if coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
B. With respect to the Dance afforded to these
additional insureds, the fodowi,g additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
Name Of Additional Insured Person(s)
Or Organization(s):
1. All work, including materials, parts or
equipment furnished in connection wgh such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insureds) at the
location of the covered operations has been
completed; or
2. That portion of 'your work` out of which the
injury or damage arises has been put to ks
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
if coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Avalabie under the applicable Limits of
Insurance shown in the Declarations;
whichever is Tess.
Thls endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
SCHEDULE
Location(s) Of Covered Operations
Any avmer. lessee, or contractor for whom you have
agreed in writing prior to a loss to provide Iiab Ly
insurance
Any location fisted in such agreement
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 2010 0413
0 Insurance Services Office, Inc., 2012
Page 1 of 1
POLICY NUMBER:AS7-661-039499-035 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization whom you have agreed in writing to add as an additional insured, but only to
coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either
the scope of coverage or the limits of insurance provided in this policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.
CA20481013
® Insurance Services Office, Inc., 2011 Page 1 of 1
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
CAUFORNMA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We wilt not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Additional premium is a percent of the California Manual Workers Compensation premium. 'Subject to a minknum
premium -charge of $ 250.
person or Organization
Where required by contract or
written agreement prior to loss and
allowed by law
Job Description
Issued by Liberty Insurance Corporation 21814
For attachment to Policy No. WA7-66D-039499-075 Effective Date Premium $
issued to West Coast Arborists, Inc.
WC 84 08 06
Ed: 04/1984
Page 1 of 1
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
WEST COAST ARBORISTS
Comprehensive Tree Inventory
Kathy Guzman (Engineering/PW) Forwarded Copy
of Agreement to West Coast Arborists