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HomeMy WebLinkAbout2017 CON West Coast Arborists - Tree Trimming ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS AGREEMENT is entered into on this 19th day of December, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Urban Forestry Maintenance Services to assist the City's Park Maintenance staff with ongoing tree trimming needs and demands. 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 Poway has gone through a competitive process for these services and selected this CONTRACTOR, and the CITY is entering into this Agreement with the prices established through that competitive process. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform tree pruning, trimming, and planting services, 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on December 21, 2017. The duration of this Agreement is for the period of December 21, 2017 through December 20, 2018. Completion dates or time durations for specific portions of the project are set forth in Exhibit "B". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. The CONTRACTOR will perform tree pruning, trimming, removal, and planting services as set forth in the attached Exhibit "A" following the fee schedule as set forth in the attached Exhibit "B" (the project). The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings, as required, to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Victor Uribe, Park Superintendent, 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. 5. 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 $90,000. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". 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. 6. 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. Standard Agreement Page 2 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 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. 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 Services 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 Standard Agreement Page 3of11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 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. 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 -section 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 Standard Agreement Page 4of11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 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 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, 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, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 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 Labor 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, employees, and volunteers from and against all Standard Agreement Page 5 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 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 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, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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, officials, 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 C1TY's Risk Manager, at the address listed in subsection G below, 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. Standard Agreement Page 6of11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City do Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal fmancial 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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. Standard Agreement Page 7 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 19. 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 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. 20. 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: Standard Agreement Page 8of11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 To CITY: Victor Uribe Park Superintendent Engineering and Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 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. 21. 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 Section 21 by the CONTRACTOR. 22. 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 Standard Agreement Revised July 2017 Page 9of11 City of National City and WCA 12/2017 - 12/2018 apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. 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 any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions 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. Subcontractors or Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. Standard Agreement Page 10of11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 M. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY on Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Robertontreras Deputy City Attorney Standard Agreement Revised July 2017 WEST CAST ARBORISTS,.)�NC. (Corporation — i ajures of two corporate .. �cer required) By: Page 11of11 (Name) Patrick Mahoney (Print) President (Title) Richard M (Print) Assistant Secretary (Title) City of National City and WCA 12/2017 - 12/2018 Exhibit A 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, trimming, removal, and planting as directed by the City's Park Supervisor, to maintain the City of National City's trees in a safe, attractive and overall healthy condition. Prices for said services are listed in Exhibit B. The contract is not to exceed $90,000 and is effective December 19, 2017 through December 18, 2018. Page 1 of 1 4scOr EXHIBIT B Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com November 14, 2017 City of National City ATM: Ray Roberson, Management Analyst Engineering & Public Works Department 1243 National City Blvd. National City, CA 91950 RE: TREE MAINTENANCE SERVICES Dear Mr. Roberson, Over the years, West Coast Arborists, Inc. (WCA) and the City of National City have forged a very productive and cohesive working relationship. Today, our common goal remains the same; to preserve the integrity and health of the City's urban forest. As we approach the end of the current contract term, we propose to continue tree maintenance services under a "piggyback" approach. Recently, the City of Poway conducted a formal RFP for Tree Maintenance Services and WCA was awarded a new contract. The new rates found under Poway's contract are competitive among the industry, particularly with grid tree pruning, tree removal, and tree planting. As a partner with the City of National City under their grant planting project, the competitive rates for tree planting services will serve the City well. We agree to offer the same unit prices, terms and conditions as Poway's current contract. Attached to this letter are copies of Poway's RFP, Council Agenda Report and Price Schedule. Please note that Poway's Agreement contains a Cooperative Purchasing Provision that allows other agencies to piggyback. As part of this Agreement, we agree to waive all annual scry ce fees for our tree inventory software program called Arbor Access. We appreciate your ongoing efforts to make this Agreement a success for both the City and WCA and look forward to continuing our successful business relationship. Should you have any questions, or require additional information please do not hesitate to contact me at (800) 521- 3714. Sincerely, Li.;_k Victor Gonzalez Vice President West Coast Arborists, Inc. 2200 E. Via Burton Street ' Anaheim, CA 92806 • 714.991 .1900 • 800.521.3714 • Fax 714.956.3745 CONTRACT URBAN FORESTRY MAINTENANCE SERVICES This Contract, made and concluded this first day of July, 2016, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City"), and West Coast Arborist, Inc., a California corporation, hereinafter referred to as "the Contractor." The length of this Contract shall be for two (2) years beginning on July 1, 2016 through June 30, 2018. The Contract may be extended with a total of three (3) separate one-year term extensions. Each extension will be dependent on the appropriation of funds by the City Council. The maximum length of the Contract can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Contractor. Adjustments to service costs are based on Section II, item 28, Contract Renewal. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the selected Contractor at least ten (10) working days prior written notice with cause or sixty (60) days without cause. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or invalidate the remainder of this a Contract. ARTICLE I. That for and In consideration of payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed In the bonds attached hereto, if any, Contractor agrees with City at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned In the Specifications (attached hereto, at Section 3) necessary to construct and complete in good, workmanlike and substantial manner, all to the satisfaction of the City of Poway, In accordance with the Special Provisions for this project as set forth herein. ARTICLE II. Said Contractor agrees to receive and accept as full compensation for furnishing all materials and doing all the work contemplated and embraced in the Contract an amount equal to the sum of the totals for the items of work. The total for each item of work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price proposal by the Contractor for that item of work. Contractor further agrees to be responsible and hold City harmless from all loss or damage arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City. Contractor agrees to be responsible and hold City harmless from all risks of every description and under the control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for all expenses incurred by or In consequence of the suspension or discontinuance of work, and/or faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and requirements of the City. ARTICLE Ili. The City hereby agrees and promises the Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices stated, and hereby Contracts to pay the same at the time, In the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree to full performance of the Covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of proposal conflicting herewith. ARTICLE V. Contractor shall defend and otherwise hold City harmless from any and aA claims, complaints, causes of action, of any nature whatsoever, arising from Contractors performance of the Contract. In performance of this Provision, Contractor shall name City as additional insured on a policy of general liability as required per Section li, item 19. The Covenant contained herein applies to all sums paid as a result of the above claims, including court costs and reasonable attorney fees whether or not the matter results in judgment. ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution of securities for performance retentions will be allowed. ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained in the Specifications, General Provisions and Special Provisions for said project are herein incorporated by reference as if fully set forth herein and constitute a material part of the consideration to tho City in entering Into this Contract with Contractor. (All Items in the Contract will be the same as In the Proposal.) IN WITNESS WHEREOF, the parties to those prase year and date first above written. Contractor: Title: Signature to set Patrick Mahoney, President Title: Richard Mahoney, A City Manager of the City of Poway: ATTEST: City Clerk: APPROVED AS TO FORM: City Attorney: names In the SECTION V PROPOSAL FORMS To the City of Poway, acting by and through its City Council, herein called the "City" for URBAN FORESTRY MAINTENANCE SERVICES to be provided to said City: Pursuant to and in compliance with the Request for Proposals (RFP) and in accordance with the Specifications contained herein, the undersigned proposing oontractor, having become familiarized with the terms of the contract, plans, specifications, and addenda, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, all In strict conformity with the plans and specifications and other contract documents, including all addenda for the sums set for the sites listed herein; It is understood and agreed that the contract amount includes all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies between numbers of the proposal amount and the words stating the amount, the words shall govern over numbers; IN COMPLIANCE with the Notice, Specifications, and special provisions hereinbefore stipulated, the undersigned, with full comprehension thereof. hereby proposes to perform the entire work for the prices set forth below upon which award of Contract is made; Work not identified in the contract will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing contractors shall enter on the proposal schedule the standard hourly rates as requested. Notice of acceptance or requests for additional information should be addressed to proposing contractor at the email address stated below. Business Name/Proposing Contractor (Please Print): st • : at ^ : Inc. Authorized Agent or Officer: Title: Email Address: v ! onzalez +12 wca c.com Address: 2200 E. Via Burton Anaheim, CA 92806 35 !YAW" Patrick Mahone President PROPOSAL FORMS Service Address: 8524 Commerce Avenue, Sulte B San Diego, CA 92121 Telephone: (714) 991-1900 City of Poway Business Certificate No.: BC-007041 Expiration Date: 07/26/2017 CA License No: 386764 License Expiration Date: 12/31/16 DIR Registration No.: 100Q¢00956 [Remainder of Page Left Blank Intentionally] 36 FEE SCHEDULE — MAINTENANCE Description Unit Unit Price Grid Tree Trimming" Each $ 62.00 Tree Raising" Each $ 34.60 Prune Fan Palm Each $ 82.00 Clean Trunk for Fan Palm (skinning) Each $150.00 Service Request Trimming 0-8" DBH" Each $ 82.00 Service Request Trimming 7-12' DBH"* Each. $ 9%,00 Service Request Trimming 13-18' DBH" Each $ 138.00 Service Request Trimming 19-24" DBH" Each $179.00 Service Request Trimming 25-30' DBH" Each 248.00 Service Request Trimming 31'+ DBH** Each $ 328.00 Tree Removal and Stump Grinding*" Inch 27.00 Tree Removal Only*" Inch 17.00 i Stump Removal (grinding)"' Inch 100 Plant 16-gallon tree w/RB* Each 1190.00 Plant 16-gallon tree w/out RB• Each 175.00 Plant 24' box tree B" Each 280.00 Plant 24" box tree wrout RB* Each 270.00 Plant 36' box tree w/RB• Each 940.00 Plant 38' box tree wrout RB" Each Q00.00 Plant 48' box tree w/RB' _ Each $ 1.750.00 $ 1.oso.0o _ $ 25.00 Plant 48' box tree w/out FIB* Each Root Pruning/Root Barrier Installation 12' or 18' bio-barrler Linear Foot GP8 Tree Inventory (per tree site) Each $ 3.00 Tree Injection _ Each $ 38.00 TOTAL $ T 848.60 "Tree planting Includes tree, materials, and planting costs. "Grid trimming, tree raising, and service requests Includes cleanup end disposal. "'Tree and stump removal Includes cleanup and disposal. MAINTENANCE • PKOPOSAL AMOUNTS, IN WORDS: Seven thousand sbc hundred forty-eight dollars Fifty cents cents Proposing Contractor's Signature: te: 6/26/16 Contractor's Company Wert Cooasgr 0j1ats, Inc, 37 FEE SCHEDULE - HOURLY RATES Description Monday - Friday (7:00 A.M. - 4:00 P.M.) After Hours (4:00 P.M. - 7:00 A.M.), Holidays, and Weekends_ n/a Regular Tree Maintenance Crew Rental (3-man crew)* $ 210.00 Emergency Crew Rental (3-man crew)* n/a $ 270.00 Arborist Strrvicee (Report Wrttktj)' $ 120.0 n/a Specialty Equipment (Crane and/or OF Aerial) _ 150.00 $ 200.00 Certified Consulting Arbodsi' 150.00 n/a Peat Control Advisor 150,00 $ 200,00 Watering trees (water truck & operator) $ 70.00 J 150.00 TOTALS $550.00 $820.00 "Includes overhead and vehicle HOURLY RATES - PROPOSAL AMOUNTS, IN WORDS: Monday -. Friday Eight hundred fifty Dollars Zero Cents After Hours, Holidays, and Weekends Eight hundred twenty Dollars Zero Cents Proposing Contractor's Signature: Date: 5/26/16 Contractor's Company West Coast Arbarists, Inc. COOPERATIVE PURCHASING It Is Intended that any Other poetic agency (e.g., city, county district, public authO 1ty, public agency, municipality, and other political subdivision or pubic corporation) shal have the option to participate in any award made as a result of this solicitation at the same prices. The City [shall Incur no Mendel responsibility in oonnecUon with any purchase by another public agency. The pubic agency shal accept sole responsibility for placing orders and making payments to the vendor. 38 GUARANTY To the City of Poway, City Council, for: URBAN FORESTRY MAINTENANCE SERVICES The undersigned guarantees the work included in this project(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of Installation, or should the work or any part thereof fall to operate properly as originally intended and in accordance with the Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract Is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs Itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably Incurred by reason of the said failure or refusal. West Coast '•• ists, Inc. Patrick Mahoney, President Title June 27, 2016 Date **TO BE SUBMITTED WITH EXECUTED CONTRACT** WORKERS' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1881 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." By: West Coast Arb•,'e : , Inc. Contractor (Company Title Patrick Mahoney, President June 27, 2016 Date Section 3700 of the State Labor Code reads in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of empioyers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees." **TO BE SUBMITTED WITH EXECUTED CONTRACT*'* SECTION I REQUEST FOR PROPOSALS Notice is hereby given that the City of Poway, California will accept sealed proposals at the Public Works Administration Office, 14467 Lake Poway Road, Poway, CA 92064, until 3:00 p.m. on Tuesday, June 1, 2016. Proposals shall be submitted in plain, sealed envelopes, marked on the outside with the project title. URBAN FORESTRY MAINTENANCE SERVICES RFP 18.016 Project Description: To furnish all professional services, skilled labor, materials, equipment, tools, insurance, permits and fees, as necessary, to render the services according to the specifications set forth in this outline. The successful proposal by a qualified contractor to provide professional Urban Forestry Maintenance Services will result in a contract with the City of Poway The contractor will supplement City staff. No proposal will be accepted unless it is made on proposal forms furnished by the City of Poway Proposals will be evaluated on the basis of experience and ability to perform, which includes the equipment Rat, but not limited to, experience and history of the firm, as well as upon the amount proposed The City will also consider a cooperative purchasing agreement that meets our purchasing requirements per 3.28 In the Municipal Code The award of the Contract, if made, will be made to the proposer, who in the sole discretion of the City is best able to perform the Contract in a manner moat beneficial to the City of Poway The City reserves the right, after opening proposals, to reject any or all proposals, to waive any informality in the proposal, and to accept any proposal or portion of it Standard Contract Length: The length of this Contract shall be for two (2) years on July 1, 2016 through June 30, 2018 The Contract may be extended with a total of three (3) separate one-year term extensions. The maximum length of the Contract can be up to five (5) years The option to renew may be by mutual agreement between the City and the selected Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds Each renewal period (fiscal), the Contractor's costs shalt be adjusted based on the annual change in the previous calendar year's Consumer Price index for the San Diego area (All Urban Consumers CPl-U) or 5%, whichever is less The first adjustment would occur no earlier than July 1, 2018 Proposal documents may be purchased for a non-refundable fee of $7.00 per set from the City of Poway Customers Services Counter, located at 13326 Civic Center Drive, CA 92064 during regular business hours or free of charge via our webalte at Weetia Vlray.om. For further information contact Diane Mann, Public Works Supervisor, at (858) 668- 4704 or by email at dmanngcoway.aro ar7/6' T DATE. 1 Troy Bankston, Director of Public Works 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 $UBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that I WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92806 NAME AND ADDRESS OF INSURED LibertyLibertyMutual INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ics) listed below. The insurance afforded by the hated policy(ies) is subject to all their teems, 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 EXP DATE • CONTINUOUS EXTENDED FA POLICY TERM POLICY NUMBER LIMIT OF LIABILITY WORKERS COMPENSATION Statutory Limits 7/1/2018 WA7 66D-039499 077 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: All States Except: ND, OH, WA, W Y EMPLOYERS LIABILITY Bodily Injury by Accident �1,000,QQO end, Accident Bodily Injury By Disease $1,000,000 Pnlicvrmit Bodily Injury By Disease $1,000,000 Each Prraor COMMERCIAL GENERAL LIABILITY FA OCCURRENCE • CLALMS MADE 7/1/2018 TB2-661-039499-017 General Aggregate $2,000,000 Products / Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $1 , 000, 000 Per Perron / Organization RETRO DATE Other Damage to premises rented to you $300,000 Other Medical Expense $5,000 El IA AUTOMOBILE LIABILITY OWNED NON -OWNED HIRED 7/1/2018 AS7-661 039499-037 $2Each Accident —Single Limit ,000 000 B.I. And P.D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2017 - 7/1/2018 TH7-661-039499-047 S5,000,000 Per Occurrence/Aggregate ADDITIONAL COMMENTS The City of National City and its officers, agents and employees areadditional insured wi h 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 D.'.TE 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: [CityrCity of National City 1243 National City Blvd. National City CA 91950 fa U L J Liberty Mutual Insurance Group Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 Los Angeles CA 90017 213-443-0782 6/13/2017 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 36128842 I IN 2a19 1 7/17-7/18 • DL/2/1, AL/2, we/1, u/a I Donna amitala l 6,13/2017 11:20:48 AM (CDT) i Page 1 of 1 LDI COI 268896 02 11 POLICY NUMBER: TB2-661-039499-017 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section li — Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and Included in the "products -completed operations hazard'. 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. Name Of Additional Insured Person(s) Or Organization(s): B. 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. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE All persons or organizations with whom you have entered into a written contract or agreement, prior to an occurrence or offense, to provide additional insured status. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an occurrence or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 04 13 ® Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: TB2-661-039499-017 COMi/IERCWL GE::ER/... LIABILITY C+a 1010 04 '13 THIS ENDORSEMENT CHANGES THE POLIC7'. PLEASE_ RED 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 Soction II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability 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 locations) 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. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury' or "property damage" occurring after Nznt+i Of Arli:itia:ral Insured Perspn(z) Or OrganIzetior(s): Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability insurance 1. Alf work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) 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 its 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 ci the additional insured is the amount of insurance: 1. Required by the contract cr agreement: cr 2 Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCii FIDDLE Loc't;o.i(z) Of Cover. d Operations Any location listed in such agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. C.1 1::i !C 34.13 C Insurance Services Office, Inc., 2012 gu 1 (0! POLICY NUMBER:AS7-661-039499-037 COMM CIAL AUTO CA 20 44110 13 THIS ENDORSEMENT CHANC.ILiS 'i t�F 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 organlzation(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(o) Or OT3anizatiori ): Any prr:or+ of orger'zaticn while you hays agreed In *. riting to acd J_s an aduitim_I insured, but only to coviirge t,n., raiiimura IL nits of Insurance r ccrb.-ed by the •.:riti.�.0 uvr smsnt, and In no event to exceed either thi scopa cf cov r.La or the limits of insurance provided ;his p. i`cy_ info:mati:,n roq:alrad to cc,+mists this Schedule, if not shown above, will be shown In tha Declarations. Each person or organization shown In the Schedule is an "insured" for Covered Autos LiabllityCoverage, 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 Sect on 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. CA 20 '410 13 Insurance Services Office, Inc„ 2011 Parts 1 r.. 1 COMMERCIAL GENERAL LIADitiri CG 20'Ji D4 1:S THIS ENDORSEMENT CHANGES THE: POLICY. PLEASE READ IT CAki-2FULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS UABILITY COVERAGE PART The following is added to the CJi r Insurance Condition and supersedes arty provision to the contrary Primary And Noncontributory Insurance This insurance is primary to and will nct seek contribution from any other insurance available to an additional insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance; and Cri '; 01 13 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. C Insurance Services Office, Inc.. 2012 r)a.zo t of 1 WAIVER Oil' CUR C,s'GHT TO .1tECOVER FkO:t7 OTHERS ErIDO `SSr 1 T - C LIFOP J41A We have the right to recover our payments from anyone liable for an injury covered by this policy. We win 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. Schadul a Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250. person or Organization Where required by contract or written agreement prior to loss and allowed by law Job De cription Issued by i.berty insurance Corporation21814 For attachment to Policy No.WA7-66D-039499-077 Effective Date Premium $ Issued to Wrest Coast Arborists, inc. l'±'C 0.^, 03 03 Park 1 of 1 Ed: 04/1984 RESOLUTION NO. 2017 — 239 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR SPECIALIZED TREE TRIMMING, REMOVAL, AND PLANTING SERVICES IN AN AMOUNT NOT TO EXCEED $90,000 BY PIGGYBACKING THE CITY OF POWAY'S URBAN FORESTRY MAINTENANCE SERVICES CONTRACT WHEREAS, on November 1, 2016, the City Council adopted Resolution No. 2016-17 to enter into an Agreement with West Coast Arborist, Inc. (WCA) in an amount not to exceed $90,000 to assist the City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for specialized service; and WHEREAS, through implementation of a grid -based tree trimming program, WCA proved to be effective in assisting City crews with clearing the backlog, which allowed City crews to focus on maintaining the City's specialized tree trimming schedule; and WHEREAS, tree trimming support services are needed this year as City crews are challenged to maintain the grid schedule due to emergency calls for service and the need for such specialty work, such as stump grinding and tree removals; and WHEREAS, the City of National City has an opportunity to "piggybacking" the City of Poway's Urban Forestry Maintenance Services Contract with WCA for specialized tree trimming support services for an amount not to exceed $90,000; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the purchasing agent's determination that the City of Poway's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with West Coast Arborist, Inc., for specialized tree trimming, removal, and planting services through December 19, 2018, with an option to extend for three one-year terms, in an amount not to exceed $90,000 by utilizing City of Poway's Urban Forestry Maintenance Services Contract. [Signature Page to Follow] Resolution No. 2017 — 239 Page Two PASSED and ADOPTED this 19th day of Dece , 2017. Ron Morrison, Mayor ATTEST: Ai Michael R. Dalla, t' y Clerk APPROVED AS TO FORM: M•rri -Jones y Attorney Passed and adopted by the Council of the City of National City, California, on December 19, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4/e.4)) City Cl rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-239 of the City of National City, California, passed and adopted by the Council of said City on December 19, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 19, 2017 AGENDA ITEM NO.: 9 EM TITLE: Resolution of the City Council of the City of National City authorizing the City (Buyer) to piggyback on to the City of Poway's Urban Forestry Maintenance Services contract with West Coast Arborist, Inc. (WCA), and award the purchase of specialized tree trimming, removal, and planting services in an amount not to exceed $90,000, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing. PREPARED BY: Ray Roberson, Management Analyst PHONE: 619-336-4583 EXPLANATION: See staff report. DEPARTMENT: Engineering and Public Works APPROVED BY: riNANCIAL STATEMENT: ACCOUNT NO. 105-416-227-299-0000) — Contract Services - $90,000 Funds are appropriated and available in the above expenditure account. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION (472 FINANCE MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation City of Poway Urban Forestry Maintenance Services contract 3. Service Agreement 4. Resolution /ewes tcba), No. 20' 4-- 239 EXPLANATION In Fiscal Year (FY) 2015, the City contracted with West Coast Arborist, Inc. (WCA), a highly qualified and reputable contractor in the field of urban forestry, to assist the City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for service. Through implementation of a grid -based tree trimming program, WCA proved to be effective in assisting City crews with clearing the backlog, which allowed City crews to focus on maintaining their tree trimming schedule. The grid schedule allows for a systematic approach to ensuring that trees citywide receive regular maintenance in a manner that maximizes staff efficiency. While the grid schedule has been effective, emergency and specialized (i.e. stump grinding, tree removal, palm trees) work continues to be problematic for crews. The continued use of WCA will provide for the arborists to address emergency and specialized work in a timely manner in addition to maintaining routine tree maintenance through the use of the grid. Further, the emergency and specialized work often involves specialized skills and equipment beyond the City's resources. As part of the FY 2018 annual budget, City Council adopted the maintenance and operating budget for Public Works Parks Division, which includes $90,000 for contract tree trimming support services. National City Municipal Code Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the City of Poway's Urban Forestry Maintenance Services contract with WCA was competitively bid through a RFP process, and that the City of Poway's procurement procedures are in substantial compliance with those of National City. On July1, 2016, the City of Poway entered into a two year agreement with WCA for Urban Forest Maintenance Services, which expires on June 30, 2018. The contract may be extended with a total of three (3) separate one-year term extensions. Therefore, staff requests that City Manager authorize the City (Buyer) to piggyback on the City of Poway's Urban Forestry Maintenance Services contract with WCA and purchase tree trimming, removal, and planting services from WCA in an amount not to exceed $90,000, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing. CONTRACT URBAN FORESTRY MAINTENANCE SERVICES This Contract, made and concluded this first day of July, 2016, by and between the CITY OF POWAY, a general law city and municipal corporation (the "City), and West Coast Arborist, Inc., a California corporation, hereinafter referred to as "the Contractor." The length of this Contract shall be for two (2) years beginning on July 1, 2018 through June 30, 2018. The Contract may be extended with a total of three (3) separate one-year term extensions. Each extension will be dependent on the appropriation of funds by the City Council. The maximum length of the Contract can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Contractor. Adjustments to service costs are based on Section II, Item 28, Contract Renewal. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the selected Contractor at least ten (10) working days prior written notice with cause or sixty (80) days without cause. If the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or Invalidate the remainder of this a Contract. ARTICLE I. That for and In consideration of payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed In the bonds attached hereto, If any, Contractor agrees with Clgr at Contractor's cost end expense, to do all the work and furnish all the materials except such as are mentioned in the Specifications (attached hereto, at Section 3) necessary to construct and complete in good, workmanlike and substantial manner, all to the satisfaction of the City of Poway, in accordance with the Special Provisions for this project as set forth herein. ARTICLE II. Said Contractor agrees to receive end accept as full compensation for furnishing all materials and doing all the work contemplated and embraced in the Contract an amount equal to the sum of the totals for the items of work. The total for each item of work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price proposal by the Contractor for that Item of work. Contractor further agrees to be responsible and hold City harmless from al loss or damage arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered In the prosecution of the work until its acceptance by City. Contractor agrees to be responsible and hold City harmless from all risks of every description and under the control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for ell expenses Incurred by or in consequence of the suspension or discontinuance of work, and/or faithfully completing the work, and the whole thereof, In the manner and according to the Plans and Specifications and requirements of the City. ARTICLE III. The City hereby agrees end promises the Contractor to employ, end does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained end referred to, for the pries stated, and hereby Contracts to pay the same at the time, In the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree to full performance of the Covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an ecoeptance of the said terms of proposal conflicting herewith. -1- ARTICLE V. Contractor shall defend and otherwise hold City harmless from any and aA claims, complaints, causes of action, of any nature whatsoever, arising from Contractors performance of the Contract. In performance of this Provision, Contractor shall name City as additional insured on a policy of general liability as required per Section Ii, item 19. The Covenant contained herein applies to ail sums paid as a result of the above claims. Including court costs and reasonable attorney fees whether or not the matter results in judgment. ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution of securities for performance retentions will be allowed. ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained In the Specifications, General Provisions and Special Provisions for said project are herein Incorporated by reference as if fully set forth herein and constitute a material part of the consideration to the City In entering into this Contract with Contractor. (Alt Items in the Contract will be the same as In the Proposal.) IN WITNESS WHEREOF, the parties to those prese year and date first above written. Contractor. Signature re to set Tom: Patrick Mahoney, President Title: City Manager of the City of Poway: ATTEST: City Clerk: APPROVED AS TO FORM: City Attorney: names In the -2- Authorized Agent or Officer: Title: Email Address: Address: 35 SECTION V PROPOSAL FORMS To the City of Poway, acting by and through its City Council, herein called the "City" for URBAN FORESTRY MAINTENANCE SERVICES to be provided to said City: Pursuant to and In compliance with the Request for Proposals (RFP) and In accordance with the Specifications contained herein, the undersigned proposing contractor, having become familiarized with the terms of the contract, plans, specifications, and addenda, hereby proposes and agrees to perform, within the time stipulated, the contract, Including all of its component parts, and everything required to be performed, all In strict conformity with the plans and specifications and other contract documents, including all addenda for the sums set for the sites listed herein; It is understood and agreed that the contract amount includes all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies between numbers of the proposal amount and the words stating the amount, the words shall govern over numbers; IN COMPLIANCE with the Notice, Specifications, and special provisions hereinbefore stipulated, the undersigned, with full comprehension thereof, hereby proposes to perform the entire work for the prices set forth below upon which award of Contract is made; Work not Identified in the contract will be billed on a time and materials basis using the same standard hourly rate (which shall hdude labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing contractors shall enter on the proposal schedule the standard hourly rates as requested, Notice of acceptance or requests for additional information should be addressed to proposing contractor at the email address stated below. Business Name/Proposing Contractor (Please Print): :et :at *AlInc. '.r ALFAIII Patrick Mahone onzalez President c,com 2200 E. Via Burton Anaheim, CA 92806 -3- PROPOSAL FORMS Service Address: 8524 Commerce Avenue, Suite B San Diego, CA 92121 Telephone: (714) 091-1900 City of Poway Business Certificate No.: BC-007041 Expiration Date: 07/26/2017 CA License No: 386784 License Expiration Date: 12/31/16 DR Registration No.: 1000000958 [Remainder of Page Left Blank intentionally] 38 -4- FEE SCHEDULE — MAINTENANCE Description Unit Unit Price Odd Tree Trimming" Each $ e2.00 Tree Raising" Each $ 34.50 Prune Fan Palm Each $ 82.00 Clean Trunk for Fan Palm (skinning) Each $ 150.00 Service Request Trimming 0-8' DBH" Each $ e2.00 Service Request Trimming 7-12' DBH" Each $ 99,00 Service Request Trimming 13-18' DBH" Each 139.00 Service Request Trkrmlrg 19-24' DBH" Each $ 179.00 Service Request Trimming 25 30" DBH" Each 248,00 Service Request Trimming 31'+ DBH" Each 325.00 Tree Removal and Stump Grinding"* Inch 27.00 Tree Removal Onty"r inch 17.00 Slump Removal (grtrdlrgY' Inch MOO Plant 15-uelbn tree w1R8• Each 190.o0 Plant 15-galan tree w/out RB• Each 175.00 Plant 24' box troO RB' ` Each 260,00 Plant 2 ' box tree w/out RB Each 270.00 Plant box tree 1v AB• Each 949.00 Plant 38' box tree w/out RB« Each $ 900.00 Plant 48' box tree w/RB' Each $ 1,750.00 Plant 48' box tree vdout RB'" Each $ teso.0o $ 25.00 Root Pruning/Root Barrier installation 12' or 1 r blo-barrier Linear Foot OPS Tree inventory (per tree site) Each 3.00 Tree Intention Each J 3e.0o TOTAL. $ 7,848.50 'Tree planting includes tree, materials, and planting costs. "Grid trimming, tree raising, end service requests includes cleanup end disposal. "'Tree end stump removal includes cleanup and disposal. MAINTENANCE • PKOPOSAI. AMOUNTS, IN WORDS: Seven thousand six hundred forty-eight dollars Fifty cents cents Proposing Contractors Signature: / ~ gate: 5/26/16 Contractor's Company West ComitAchgrista, inn. 37 -5- FEE SCHEDULE — HOURLY RATES Description Monday — Friday (7:00 A.M. —4:00 P.M.) After Hours (4:00 P.M. — 7:00 AA.), Holldaye, and Weekends Regular Tree Maintenance Crew Rental (3-man crew) $ 210.00 n/a , Emergency Crew Rental (3-man arew)° n/a $ 270.00 Arboriet Services (Report W ` , $120.4) n/a `' Specialty Equipment (Crane are or 05'1eria0 $150.00 $ 200.00 Certified Consulting A boriet° ri 150.00 n/a Pest Control Advisor $ 160.00 $ 200.00 Watering trees (writer truck & operator) $ 70.00 $ 150.00 TOTALS $850.00 $820.00 Includes overhead and wettiols HOURLY RATES - PROPOSAL AMOUNTS, IN WORDS: Monday -. Friday Eight hundred fifty Aber Hours, Holidays, end Weekends Dollars Zero Cents Eight hundred twenty Doilen Zero Cents Proposing Contractor's Signature: Date: 5/26/16 Contractor's Company West Coast Arborists, Inc. COOPERATIVE PURCHASING It Is Intended that any Other pubic agency (e.g., may, county mkt, public sather* public agency. municipality, and other political Subdivision or pubic corporation) anal have the option to partcpste In any award made as a result of this solicitation at the same prices. The City shall Incur no 0nanoial responsibility in connection with any purchase by another public agency. The pubic agency shal accept sole reaponsibilty for placing orders and making payments to the vendor. 38 -6,- GUARANTY To the City of Poway, City Council, for: URBAN FORESTRY MAINTENANCE SERVICES The undersigned guarantees the work included in this project(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of Installation, or should the work or any part thereof fall to operate properly as originally Intended and in accordance with the Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for Its expenses incurred in restoring said work to the condition contemplated in said project, Including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs Itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. if the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attomey's fees, reasonably Incurred by reason of the said failure or refusal. West Coaet j .. iats, Inc. Contractor ( Patrick Mahoney, President Title June 27, 2016 Date **TO BE SUBMITTED WITH EXECUTED CONTRACT** -7- WORKERS' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be Insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract" By: West Coast Arb•'e = , Inc. Contractor (Company Patrick Maho e Pre T tie June 27, 2016 Date Section 3700 of the State Labor Code reads in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation Insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees." `'TO BE SUBMITTED WITH EXECUTED CONTRACT* -8- SECTION I REQUEST FOR PROPOSALS Notice is hereby given that the City of Poway, California will accept sealed proposals at the Public Works Administration Office, 14487 Lake Poway Road, Poway, CA 02064, until 3:00 p.m. on Tuesday, June 1, 2018. Proposals shall be submitted in plain, sealed envelopes, marked on the outside with the project tie• URBAN FORESTRY MAINTENANCE SERVICES RFP 18.018 Project Description: To furnish all .professional services, skilled labor, metenals, equipment, tools, utsurance, permits and fees, as necessary, to render the services aocording to the specifications set forth In this outline. The successful proposal by a qualified contractor to provide professional Urban Forestry Maintenance Services will result in a contract with the City of Poway The contractor wth supplement City staff, No proposal will be accepted unless it is made on proposal forms furnished by the City of Poway Proposals will be evaluated on the basis of experience and ability to perform, which includes the equipment list, but not limited to, expenence and history of the firm, as well as upon the amount proposed The City will also consider a cooperative purchasing agreement that meets our purchasing requirements per 3.28 in the Municipal Code The Award of the Contract, If made, will be made to the proposer, who in the sole discretion of She City is beet able to perform the Contract in a manner moat beneficial to the City of Poway The City reserves the right, after opening proposals, to reject any or all proposals, to waive any informality in the proposal, and to accept any proposal or portion of it Standard Contract Length: The length of this Contract shall be for two (2) years on July 1, 2016 through June 30, 2018 The Contract may be extended with a total of three (3) separate one-year term extensions. The maximum length of the Contract can be up to five (5) years The option to renew may be by mutual agreement between the City end the selected Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar years Consumer Price Index for the San Diego area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2018 Proposal documents may be purchased for a non-refundable fee of 37.00 per set from the City of Poway Customers Services Counter, located at 1332$ Civic Center Drive, CA $2084 during regular business hours or free of charge via our webelte at www.osiwgy.org, For further information contact Diane Mann, Public Works Supervisor, at (858) 888- 4704 or by email at ¢mane poway.orr r DATE a77,114 rr..+r°'"' m" 1 Troy Bankston, Director of Public Works _ 9 _ AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS AGREEMENT is entered into on this 19th day of December, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Urban Forestry Maintenance Services to assist the City's Park Maintenance staff with ongoing tree trimming needs and demands. 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 Poway has gone through a competitive process for these services and selected this CONTRACTOR, and the CITY is entering into this Agreement with the prices established through that competitive process. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform tree pruning, trimming, and planting services, 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on December 21, 2017. The duration of this Agreement is for the period of December 21, 2017 through December 20, 2018. Completion dates or time durations for specific portions of the project are set forth in Exhibit "B". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. -10- 3. SCOPE OF SERVICES. The CONTRACTOR will perform tree pruning, trimming, removal, and planting services as set forth in the attached Exhibit "A" following the fee schedule as set forth in the attached Exhibit "B" (the project). The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings, as required, to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Victor Uribe, Park Superintendent, 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. 5. 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 $90,000. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". 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. 6. 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. Standard Agreement Page 2 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -11- 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. 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 Services 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 Standard Agreement Page 3 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -12- 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. 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 -section 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 Standard Agreement Page 4 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -13- 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 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 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, 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, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 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 Labor 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, employees, and volunteers from and against all Standard Agreement Page 5 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -14- 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 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, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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, officials, 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's Risk Manager, at the address listed in subsection G below, 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. Standard Agreement Page 6 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -15- G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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. Standard Agreement Page 7 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -16- 19. 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 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. 20. 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: Standard Agreement Page 8 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -17- To CITY: Victor Uribe Park Superintendent Engineering and Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 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. 21. 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 Section 21 by the CONTRACTOR. 22. 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 Standard Agreement Page 9 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 _18_ apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. 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 any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions 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. Subcontractors or Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. Standard Agreement Page 10 of 11 City of National City and Revised July 2017 WCA 12/2017 - 12/2018 -19- M. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Revised July 2017 WEST C S ST ARBORISTS C. (Corporation — . ures of two corporate ., cer required) By: (Name) Page 11of11 Patrick Mahoney (Print) President (Title) Assistant Secretary (Title) City of National City and WCA 12/2017 - 12/2018 -20- Exhibit A 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, trimming, removal, and planting as directed by the City's Park Super -visor- to maintain the City- of National City's -trees in a safe, attractive and overall healthy condition. Prices for said services are listed in Exhibit B. The contract is not to exceed $90,000 and is effective December 19, 2017 through December 18, 2018. Page 1 of 1 -21- Dee Care Pnvfessionals Serving Communities Who Care About Dees November 14, 2017 City of National City ATTN: Ray Roberson, Management Analyst Engineering & Public Works Department 1243 National City Blvd. National City, CA 91950 RE: TREE MAINTENANCE SERVICES Dear Mr. Roberson, EXHIBIT B www.WCarr Over the years, West Coast Arborists, Inc. (WCA) and the City of National City have forged a very productive and cohesive working relationship. Today, our common goal remains the same; to preserve the Integrity and health of the City's urban forest. As we approach the end of the current contract term, we propose to continue tree maintenance services under a "piggyback" approach. Recently, the City of Poway conducted a formal RFP for Tree Maintenance Services and WCA was awarded a new contract. The new rates found under Poway's contract are competitive among the industry, particularly with grid tree pruning, tree removal, and tree planting. As a partner with the City of National City under their grant planting project, the competitive rates for tree planting services will serve the City well. We agree to offer the same unit prices, terms and conditions as Poway's current contract. Attached to this letter are copies of Poway's RFP, Council Agenda Report and Price Schedule. Please note that Poway's Agreement contains a Cooperative Purchasing Provision that allows other agencies to piggyback. As part of this Agreement, we agree to waive all annual service fees for our tree inventory software program called Arbor Access. We appreciate your ongoing efforts to make this Agreement a success for both the City and WCA and look forward to continuing our successful business relationship. Should you have any questions, or require additional information please do not hesitate to contact me at (800) 521- 3714. Sincerely, Lixit4 Victor Gonzalez Vice President CONTRACT URBAN FORESTRY MAINTENANCE SERVICES This Contract, made and concluded this first day of July, 2018, by and between the CITY OF POWAY, a general law city and municipal corporation (the 'City"), and West Coast Arborist, Inc., a California corporation, hereinafter referred to as 'the Contractor." The length of this Contract shall be for two (2) years beginning on July 1, 2018 through June 30, 2018. The Contract may be extended with a total of three (3) separate one-year term extensions. Each extension will be dependent on the appropriation of funds by the City Council. The maximum length of the Contract can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Contractor. Adjustments to service costs are based on Section II, item 28, Contract Renewal. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the selected Contractor at least ten (10) working days prior written notice with cause or sixty (80) days without cause. if the City suspends or terminates a portion of this Contract, such suspension or termination shall not make void or Invalidate the remainder of this a Contract. ARTICLE I. That for and In consideration of payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed In the bonds attached hereto. If any, Contractor agrees with City at Contractor's cost end expense, to do all the work and furnish all the materials except such as are mentioned In the Specifications (attached hereto, at Section 3) necessary to construct and complete in good, workmanlike end substantial manner, all to the satisfaction of the City of Posey, In accordance with the Special Provisions for this project as set forth herein. ARTICLE II. Said Contractor agrees to receive and accept as full compensation for furnishing all materials and doing all the work contemplated and embraced in the Contract an amount equal to the sum of the totals for the Items of work. The total for each item of work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price proposal by the Contractor for that Item of work. Contractor further agrees to be responsible and hold City harmless from al loss or damage arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered In the prosecution of the work until Its acceptance by City. Contractor agrees to be responsible and hold City harmless from all risks of every description and under the control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for ell expenses Incurred by or in consequence of the suspension or discontinuance of work, and/or faithfully completing the work, and the whole thereof, In the manner and according to the Plans end Specifications and requirements of the City. ARTICLE III. The City hereby agrees end promises the Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices stated, and hereby Contracts to pay the same at the time, In the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree to full performance of the Covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this Instrument shall control and nothing herein shall be considered as an acceptance of the said terms of proposal conflicting herewith. -23- ARTICLE V. Contractor shall defend and otherwise hold City harmless from any and all claims, complaints, causes of action, of any nature whatsoever, arising from Corftractors performance of the Contract. In performance of this Provision, Contractor shall narne City as additional Insured on a policy of general liability as required per Section Ii, Item 19. The Covenant contained herein applies to al sums paid as a resuit of the above claims, including court costs and reasonable attorney fees whether or not the matter results In judgment. ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution of securities for performance retentions will be allowed. ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained In the Specifications, General Provisions and Special Provisions for said project are herein incorporated by reference as If fully set forth herein and constitute a material part of the consideration to the City In entering Into this Contract with Contractor. (All Items in the Contract will be the same as In the Proposal.) IN WITNESS WHEREOF, the parties to those press year and date first above written. Contractor. ATTEST: City Clerk: Signature Tom; Patrick Mahoney, President names In the Title: Richard Mahoney, As stan Secretary City Manager of the City of Poway: -7/;ed7a APPROVED AS TO FORM: City Attorney: -24- SECTION V PROPOSAL FORMS To the City of Poway, acting by and through its City Council. herein called the "City" for URBAN FORESTRY MAINTENANCE SERVICES to be provided to saki City: Pursuant to and in compliance with the Request for Proposals (RFP) and in accordance with the Specifications contained herein, the undersigned proposing oontraotor, having become familiarized with the terms of the contract, plans, specifications, and addenda, hereby proposes end agrees to perform, within the time stipulated, the contract, Including all of Its component parts, and everything required to be performed, all in strict conformity with the plans and specifications and other contract documents, including all addenda for the sums set for the sites listed herein; It is understood and agreed that the contract amount Includes all appurtenant expenses, taxes, royalties, end fees. In the case of discrepancies between numbers of the proposal amount and the words stating the amount, the words shall govern over numbers; IN COMPLIANCE with the Notice, Specifications, and special provisions hereinbefore stipulated, the undersigned, with full comprehension thereof, hereby proposes to perform the entire work for the prices set forth below upon which award of Contract is made; Work not identified in the contract will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools and equipment, overhead and profit). For the purpose of proposal evaluation, proposing contractors shall enter on the proposal schedule the standard hourly rates as requested. Notice of acceptance or requests for additional Information should be addressed to proposing contractor at the email address stated below. Business Name/Proposing Contractor (Please Print): Authorized Agent or Officer: Title: Email Address: ! onzaiez . - c,com Address: 2200 E. Via Burton Anaheim, CA 92806 st st Inc. Patrick Mahone President 35 -25- PROPOSAL FORMS Service Address: 8524 Commerce Avenue, Suite B San Diego, CA 92121 Telephone: (714) 991-1900 City of Poway Business Certificate No.: BC-007041 Expiration Date: 07/26/2017 CA License No: 386784 License Expiration Date: 12/31/16 DIR Registration No.: 1000000968 [Remainder of Page Left Blank intentionally] 36 -26- FEE SCHEDULE — MAINTENANCE Description Unit Unit Price Odd Tree Trimming" Each $ 82.00 Tree Raising** Each $ 34.50 Prune Fan Palm Each 62.00 Clean Trunk for Fan Palm (skinning) Each $ 150.00 H Service Request Trimming 0-8' DBH" Each $ 82.00 Service Request Trimming 7-12" DIM** Each. $ 88.00 Service Request Trimming_ 13-18' DBH"` Each 139.00 Service Request Trimming 19-24' DBH" Each $179.00 248,00 r Service Request Trimming 25-330' DIM** Each Service Request Trimming 31'+ DBH" , Each' $ 328.00 Tree Removal and Stump Grinding'" Inch 27.00 Tree Removal O 4 inch 17.00 Stlimp Removal "* Inch 1o00 Plant 18-nation tree w!RI Each 1p0.00 Plant 16-salon tree w/out RB` V Each 176.00 Island 24' boa tree + B* Each 280,00 Plant2 " box tree Mrbut RIP Eaoh ar0�00 Plant 3r box InsrWRB• Each 040.00 Plant 38' box tree w/out RB" Each 000.00 Plant 48' box tree wiRB" —Each 11,6o.o0 a .6750.00 $ 26.00 Plant 48' boot tree vdout RS* Each Root Pruning/Root Barrier installation 12' or 18' bio-barrier Uneer Fool GPS Tree Inventory (per tree site) Each 3.00 Tree Injection Each $ 39.00 TOTAL $ 7.846.60 'Tree planting Includes tree, materials, and planting coda. "Grid trimming, tree raising, end service requests Includes decree end disposal "'Tree and stump removal Includes cleanup and disposal. MAINTENANCE • PROPOSAL AMOUNTS, IN WORDS: Seven thousand six hundred forty-eight dollars Proposing Cornbactor's Signature; % r Contractor's Company West Coast prhnrtats, inq, 37 Fifty cents cents • 6/26/16 -27- FEE SCHEDULE - HOURLY RATES Description Monday - Friday (7:00 A.M. -4:00 P.M.) After Hours (4:00 P.M. - 7:00 kM.), Holidays, and Weekends Regular Tree Maintenance Crew Rental (3-man crow)' $ 210.00 n/a Emergency Crew Rental (3-man crew? n/a $ 270.00 Arboriet (R(Crone $120,� Na Specialty Equipment 05'Ari dal) 180.00 200.00 Cer ed Co sultkil Arborlst` ' 160.00 ,$ n/a Pest Control r _ S0.00 $ moo Watering trees (water truck & operator) 3 70.00 $ 150.00 TOTALS $850.00 $820.00 Includes overhead and vehicle HOURLY RATES - PROPOSAL AMOUNTS, IN WORDS: Monday .- Friday Eight hundred fifty Dollars After Hours, Holidays, end Weekends Zero Cents Etiht hundred twenty Dollars Proposing Contractor's Signature: Contractors Company West Coast Arbariats, Inc. Zero Cents Data; 5/20/18 COOPERATIVE PURCHASING It Is Intended that any other public agency (e.g., city, county district, public etithorlty, public agency, municipality, and other political subdivision or pubic corporation) shall have the option to participate in any sward made ass result of this solicitation at the same prices. The City shall Incur no 5nanofai responsibility in connection with any purchase by another public agency. The pubic agency shall accept sole responsibility for placing orders and mrldng payments to the vendor. 38 -28- GUARANTY To the City of Poway, City Council, for: URBAN FORESTRY MAINTENANCE SERVICES The undersigned guarantees the work included in this project(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of Installation, or should the work or any part thereof fail to operate properly as origir kaliy intended and In accordance with the Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract Is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses Incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, Including attorneys fees, reasonably Incurred by reason of the said failure or refusal. By: West Coast 4T • • iota, Inc. Contractor ( Patrick Mahoney, President Title June 27, 2016 Date "TO BE SUBMITTED WITH EXECUTED CONTRACT* -29- WORKERS' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1881 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be Insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract" By: •/al West Coast Arb Contractor (Company Title Patrick Maho June 27, 2016 Presi Date Section 3700 of the State Labor Code reads in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more Insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure, either as an Individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -Insure and to pay any compensation that may become due to his employees." **TO BE SUBMITTED WITH EXECUTED CONTRACT" -30- SECTION I REQUEST FOR PROPOSALS Notice is hereby given that the City of Poway, California will accept sealed proposals at the Public Works Administration Office, 14467 Lake Poway Road, Poway, CA 92064, until 3:00 p.m. on Tuesday, June 1, 2016. Proposals shall be submitted in plain, sealed envelopes, marked on the outside with the project Ode URBAN FORESTRY MAINTENANCE SERVICES RFP 18418 Project Description: To furnish all .professional services, skilled labor, matenals, equipment, tools, insurance, permits and fees, as necessary, to render the services according to the specifications set forth in this outline. The successful proposal by a qualified contractor to provide professional Urban Forestry Maintenance Services will result in a oontract with the City of Poway The contractor will supplement City staff. No proposal will be accepted unless it Is made on proposal forme furnished by the City of Poway Proposals will be evaluated on the basis of experience and ability to perform, which includes the equipment Net, but not limited to, experience and history of the firm, as well as upon the amount proposed The City will also consider a cooperative purchasing agreement that meets our purchasing requirements per 3.28 in the Municipal Code. The eiward of the Contract, if made, will be made to the proposer, who in the sole discretion of the City is best able to perform the Contract in a manner moat beneficial to the City of Poway The City reserves the right, after opening proposals, to reject any or all proposals, to waive any informality in the proposal, and to accept any proposal or portion of it Standard Contract Length: The length of this Contract shall be for two (2) years on July 1, 2016 through June 30, 2018. The Contract may be extended with a total of three (3) separate one-year tern extensions. The maximum length of the Contract can be up to five (5) years The option to renew may be by mutual agreement between the City and the selected Contractor, Award of the Contract and any Contract extensions are subject to City Council appropriation of funds Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price index for the San Diego area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2018 Proposal documents may be purchased for a non-refundable Ms of $7.00 per set from the City of Poway Customers Services Counter, located at 13326 Civic Center Drive, CA 82084 during regular business hours or frees of charge via our website at www.aowev o'o. For further information contact Diane Mann, Public Works Supervisor, at (858) 668- 4704 or by email at dmantiooway.org. nDATE 4'11-4 ,�,,,�+*•..r� .," _'� Troy Bankston, Director of Public Works 1 -31- 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 I WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92806 L 1.\t//;: AIIDRES3AME ANm '� Li• J�..�1 t fr L R�I t. a 1 OF INSURED r• INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insuranc 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 EXP DATE • CONTINUOUS EXTENDED •ra POLICY TERM POLICY NUMBER LIMIT OF LIABILITY WORKERS COMPENSATION Statutory Limits 7/1/2018 WA7-66D-039499-077 COVERAGE AFFORDED UNDER WC LAW LAW OF THE FOLLOWING STATES: LIABILITY All States Except ND, OH, WA, WY Bodily Injuryby Accident 000, 000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease /� $1,000,000 Fach Person COMMERCIAL GENERAL LIABILITY m OCCURRENCE • CLAIMS MADE 7/1/2018 TB2-661-039499-017 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 Demsgge to ppremises rented to yIQu $300.000 Other Medical Expense $5,000 AUTOMOBILE LIABILITY El OWNED !�I NON -OWNED HIRED 7/1/2018 AS7-661-039499-037 Each Accident —Single Limit 000 $2,000,B.I. And P.D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2017 - 7/1/2018 TH7-661-039499-047 $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 insured shall be primary and non-contributory. Waiver of Subrogation Is included In favor of the additional insured on worker's 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 80 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: `4 1x V [—City of National City 1243 National City Blvd. National City CA 91950 L Liberty Mutual Insurance Group Elaine Ulan Los Angeles / 0603 818 W 7th Street, Suite 850 Los Angeles CA 90017 JOFFICE AUTHORIZED REPRESENTATIVE 0564408 213-443-0782 6/13/2617 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 36128842 i 124_2819 17/17-7/18 . GL/2/1, AI,/2, WC/1, D/5 I Donna Smitala 1 6/13/2017 11:20,48 1M (CDT) Page 1 of 1 LDI COI 268896 0211 -32- POLICY NUMBER: TB2-661-039499-017 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABIU A. Section Ii — Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional Insured and Included in the "products -completed operations hazard'. Howeven 1. The insurance afforded to such additional insured only applies to the extent permitted by lace: 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. Name Of Additional Insured Person(s) Or Organizatfon(s): PART TY COVERAGE PART B. With respect to the Insurance afforded to these additional Insureds, the following is added to Section III — Limits Of Insurance: if coinage 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. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE All persons or organizations with whom you have entered into a written contract or agreement, prior to an occurrence or offense, to provide additional insured status. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an occurrence or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 -33- POLICY NUMBER: TB2-661-039499-017 COMMERCIAL GENERAL LIABILITY CO 1010 0413 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 fdiowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Suction 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in while 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 location(s) designated abase. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the insurance dffurded to such additional insured will riot be broader than that which you are required by the contract or agreement to provide for such additional insured. E. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This Insurance does not apply to "bodily injury' or "property damage" occurring after Nzinc, C. }' iiztiasial Insured Person(z) Or L3rgenIzationW: Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability insurance 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) 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 its intended use by any person or organization other than another contractor or subcontractor engaged in perfunfling 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; cr 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Locat:o:t(s) Of Covered Oporadons Any location listed in such agreement Information required to complete this Schedule, If not shown above. will be shown in the Declarations. %% 35110 0413 O insurance Services Office, Inc., 2012 I'agu 1 roll I -34- POLICY NUMBER: AS7-661-039499-037 COMMtiRCWLAUTO CA 20 43 10 13 THIS ENDORSEMENT CHANGES THE P LICY. 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 organizations) 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. C IIEDULE Narnw Of Person(4) Or O7ganlzatIonts): Any par c r or organization whom you hays agreed In writing to add as an adc:itinn l insured, but only to oovorzgu owl minimum limits of insuranm rcciii e:i by the rittc►i rgiresment, and In no event to exceed either tha scopo cf coveraga or the limits of insurance provided In this pc41,cy. Info:msti;.n ,rotiulrcd to ccrnp1ato this Schmid.), If not shown above, villl be shown In the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos tiabflltyCoverage, 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 Forma and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 40 10 13 Insurance Services Office, Inc., 2011 Patio 1 of 1 -35- COMMERCIAL. GENTRAL LIAi3iL IT? C�a 00i 04'i:' THIS ENDORSEMENT CHANGES THE: POLICY. PLEASE REAL) IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS UABILITY COVERAGE PART The following Is added to the Odra Insurance Condition and supersedes any provision to the contrary, Primary And Noncontributory Insurance This insurance is primary to and wilt not seek contribution from any other insurance available to an additional insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance; and Cri'20010413 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. ® Insurance Services Office, Inc,. 2012 prjo ► of 1 -36- WAIVER OF CUl7 f; iGRT TO RECOVER FROM OT IERS EM1iDO%SEM P'4T - CAUFQtttaA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will 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 296 of the California workers' compensation premium otherwise due on such remuneration. ScitaduI Additional premium is a percent of the Cakfornia Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250. person or Oraanizatlota Where required by contract or written agreement prior to loss and allowed by law Job De✓cd tion Issued by Uberty Insurance Corporatlon21814 For attachment to Policy No.WA7-66D-039499-077 Effective Date Premium $ Issued to Atst Coast Arborists. Inc. WC 0£ 03 05 Plitt) 1 of 1 Ed: 04/1984 -37- RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR SPECIALIZED TREE TRIMMING, REMOVAL, AND PLANTING SERVICES IN AN AMOUNT NOT TO EXCEED $90,000 BY PIGGYBACKING THE CITY OF POWAY'S URBAN FORESTRY MAINTENANCE SERVICES CONTRACT WHEREAS, on November 1, 2016, the City Council adopted Resolution No. 2016-17 to enter into an Agreement with West Coast Arborist, Inc. (WCA) in an amount not to exceed $90,000 to assist the City's Park Maintenance staff with addressing the growing backlog of tree trimming requests for specialized service; and WHEREAS, through implementation of a grid -based tree trimming program, WCA proved to be effective in assisting City crews with clearing the backlog, which allowed City crews to focus on maintaining the City's specialized tree trimming schedule; and WHEREAS, tree trimming support services are needed this year as City crews are challenged to maintain the grid schedule due to emergency calls for service and the need for such specialty work, such as stump grinding and tree removals; and WHEREAS, the City of National City has an opportunity to "piggybacking" the City of Poway's Urban Forestry Maintenance Services Contract with WCA for specialized tree trimming support services for an amount not to exceed $90,000; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the purchasing agent's determination that the City of Poway's procurement procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of the Municipal Code authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with West Coast Arborist, Inc., for specialized tree trimming, removal, and planting services through December 19, 2018, with an option to extend for three one-year terms, in an amount not to exceed $90,000 by utilizing City of Poway's Urban Forestry Maintenance Services Contract. [Signature Page to Follow] Resolution No. 2017 — Page Two PASSED and ADOPTED this 19th day of December, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Arm. ....... s�%" ti� AL CITE L . January 8, 2018 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk Mr. Michael Palat, Area Manager West Coast Arborists, Inc. 8524 Commerce Avenue, Suite B San Diego, CA 92121 Dear Mr. Palat, On December 19th, 2017, Resolution No. 2017-239 was passed and adopted by the City Council of the City of National City to execute an Agreement with West Coast Arborists, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, 4 Michael R. Dalla, CMC City Clerk Enclosure