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HomeMy WebLinkAbout2018 CON West Coast Arborists - Urban Forestry Maintenance Services - Tree Planting ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS AGREEMENT is entered into on this 15th day of May, 2018, 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 applied for, and was awarded, a grant through the California Department of Forestry and Fire Protection (CAL FIRE) in the amount of $650,800 to plant 1,700 trees in the City of National City to help in reducing greenhouse gases. WHEREAS, the CITY desires to employ a CONTRACTOR to provide coordination and planting 1,700 trees through the beginning of 2020 to meet the requirements of the grant. 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 tree planting 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 planting services of 1,700 trees, 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 May 15, 2018. The duration of this Agreement is for the period of May 15, 2018 through March 1, 2020. 3. SCOPE OF SERVICES. The CONTRACTOR will perform tree 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 $297,500. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "B". 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. 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 Standard Agreement Page 2 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 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 CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. Standard Agreement Page 3 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 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 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 Standard Agreement Page 4 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 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 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 Standard Agreement Page 5 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 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. 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 Standard Agreement Page 6 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 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 Cal Fire Grant 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 8 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 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 Page 9 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 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 10 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 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 Bv: on Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Robe M. Contreras Deputy City Attorney Standard Agreement Revised July 2017 WEST COAST Al BO ' ` S, INC. (Corporation — signa o two cor.or, e officers required) Page 11 of 11 President (Title) (Name) Richard M (Print) Secretary (Title) City of National City and WCA Cal Fire Grant 2018 Exhibit A West Coast Arborists, Inc. Scope of Work Project Requirements The Scope of Work for this Agreement is to provide professional tree planting of 1,700 trees. The City's Park Superintendent will direct West Coast Arborists, Inc. to plant these 1,700 trees to meet the requirements of an awarded grant through the California Department of Forestry and Fire Protection (CAL FIRE). The Park Superintendent will identify those areas of the City in need of tree planting by reference to the City's tree database. The City anticipates these tree planting services will first begin at El Toyon Park and later move to vacant property sites, and other locations, as directed by the Park Superintendent. Prices for these services are listed in Exhibit B. The contract is not to exceed $297,500 and is effective May 15, 2018 through March 1, 2020. Page 1 of 1 EXHIBIT A Proposal 48656 CA Contractors Liners s3667641 AZ Contractors Lianas 025e961 aR Ftagistration M000000966 liabrny Inured West Coast Arborists, Inc. 8524 Commerce Av., Suift B San Diego, CA 92121 (P) 358.686.4204 (F) 656.6664098 PROFORMA FOR TREE MAINTENANCE SERVICES CUSTOMER: CITY OF NATIONAL CITY INY. NEEDED: Yes IittIN CONTACT: VICTOR URIBE BILLING CONTACT: VICTOR URIBE 1243 NATIONAL CITY BLVD ADDRESS: NATIONAL CITY, CA 91950 1243 NATIONAL CITY BLVD ADDRESS: NATIONAL CITY, CA 91950 PHONE/FAX: (619) 336 4580 / (619) 336-4594 PB( E1FAX: (619) 336.4580 / (619) 336-4594 EMAIL: VURIBEgNATIONALC1TYCA.GOV EMAIL: VURIBEaNATIONALCITYCA.GOV JOB LOCATION: National City, City Wide. supplies. Furnish and install 1700 15 gallon trees. Tree , JOB DESCRIPTION: Task 1 and 2 including all tree planting species to be determined. Species will be the most suitable for I)t1 141%,4 1411'1141A 1700 Plaid 15 Gallon 'Dees achieving the CALFIRE grant carbon goals. 1 t 1' 1(,I \1 Bach $175.00 $297.500.00 eJ GRAND TOTAL: $297,600.00 All work well be cony feted an accordance with ANSI A300 standards.. Price reflects payment of prevaihrlg wage rates under the wage d8temtMatton Tree Marnwrrance La#wrer, and reporting of certified payroll to the Department of Industrial Relations as applicable in accordance with state labor laws. COMMENTS: Prices reflect the City of National City contract rates. ESTIMATED BY: MIKE PALAT ACCEPTED BY: Date: 2/1 /2018 Date: Proposal Report Page 1 of 1 EXHIBIT B 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 Arborlet, 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 wtthout cause, suspend or terminate this Contract, or any portion hereorf, by serving upon the selected Contractor at (east 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 end 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 CO at Contractors cost and expense, to do all the work and furnish all the materials except such as are mentioned In the Spedficatbns (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 protect as set forth herein. ARTICLE II. Seed Contractor agrees to receive and accept as full compensation for furnishing all materiaks 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 worts. Contractor further agrees to be responsible and hold City harmless from ail toss or damage arising out of the nature of work aforesaid, or from the act" of the elements, or from any unforeseen difficuities or obstructions wP+,ich may arise or be encountered In the prosecution of the worts until its acceptance by Ctty. Contractor agrees b be responsible end 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. iha Contactor is responeaibie for all oxpe mee Incurred by or in sequence 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 SSpeoificaibns and requirements of the Ctty. ARTICLE ILL 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 Made to pry the same at the thyme, In the manner, and upon the conditions above set forth. arils peeq for themselves, to their heirs, executors, adnstnistators, 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 terns of this Instrument and the bid or proposal of said Contractor, thon this instrument shall control and nothing 6isibia5 shall o considered tee an ccoeptsroe of the said terms of proposal conflicting herewith. ARTICLE V. Contractor shall defend and otherwise hold City harmless from any end al 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 lability as required per Section Ii, Item 19. The Covenant contained heroin applies to al sums paid as a result of the above dams, 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 wilt 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. (Alf hams En the Contract wadi be the Terms az l,-s the Proposal.) IN WITNESS WHEREOF, the parties to those year and date first above written. Contractor: Signature ATTEST: City Clark: APPROVED AS TO FORM: City 'arts scat tt e1? names In the � i I ECTION V PROPOSAL FORMS To liea City of Poway, acting by &nd through its City Council, herein Deed the 'City" for tnnE ' FOrtEETRY MAINTE ' :CE C riCte to t- prvd sd to sc%i Cfty: 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 aN of its component parts, and everything required to be performed, all In strict conformity with the plans and speckticati s and other contract documents, including ali addenda for the sums set for the sites keted herein; It is understood and agreed that the contract amount includes aft 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 she govern over numbers; IN COMPUANCE with the Notice. Specification, and specie/ provisions hereinbefore atlp dated, the undersigned, with full comprehension thereof, harrby proposes to perform the entire wok for the prices set forth Wow upon which award of Contract Is adz; Work not identified In the contract win be bllied on a time and materials basis using the same standard hourly rate (which shall Include labor, vehicle um, 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 Ole pormil address stated below. Business Name/Proposing Contractor (Reece Print): V.at *► :t ► ,`�! Inc. Authorized Aeon' i or Officer Tide: t. Petal; Mahone Prz'd3M Email AcidSr : vgorrzalez wcai Rc.c om icaax: 2200 E. Via Burton Anaheim, CA 92806 °OPCSAL FORMS Service Address: 8524 Commerce Avenue, Suite B San Diego, CA 92131 Telephone: (714) 991-1900 City of Poway Business Certificate No.: BC-O07041 Expiration Date: 07/28f2017 CA License Na: ;S784 License Expiration Date: 12/31/16 MR Registration No.: 1003000968 [Remainder of Page Lait Flank Intant#onsliy] FEE SCHEDULE — MAINTENANCE ececripticei Unfit tini Frico Ovid Tree TrirnrEtks" Each $ rf2.00 Tree Fig" Each $ 84.50 Prune Fan Palm Eat $ e2.00 Clean Trunk for Fan Palm /sinning) Each ;150.00 Service Request Trimming 0-8' DEHS* Each 62A0 Servtcs Request Trimming 7-12" DEN" Each 9s.m0 SMe Requssst Training 1s-16' Dar Eaoir a ltatar Service Request Trimming 19-24 DER" Each ,170.00 Service Request Trimming 2&,99" DEM Each 248.00 Service Request Trimming 31'+ DWI"' $ 328.00 rm. Removed rind Ettsnp rt `" Inch 27.00 Tres Rernoval Onlye" Inert 17.00 SEz p (f+tt0 ( iner'' inch 10.00 Plant 1 +la±t S' Each 4 1O.00 Plant 15-paEca irsa afoul F13` Each i76.00 Rant 24' hox Ir5 vi R9* Each 2e0.00 I Plant 24,box tee tniou2 Het' Ee a rant31:bboot tr's F8` Each * tX) Rent Sor box bee vs,/o yRa* Each -x- fi^wn Plant 48" box tree vaRir Emti t 1,750.00 Plant 4E' box tee afoul RE° Each Root PniningIRoot'Wiler In2 ih lort12 or 9 il` WO -bonier Unear Fool ; Z5.00 OPS Tree Inventory (erg tree site) Eh ; amo Tree Iriectian Eech moo TOTAL. Leese t:.i 'Tree planting Includes tree, materials, and planting costa. "Grid trimming, tree raising, and service requests Includes cleanup snd disposal. "'lee and stump ran twal includes cleanup and dish. MAINTENANCE - PROPOSAL AMOUNTS. IN WORDS: Seven thousand six hundred forty-eight dollars Fifty cans oenta Proposing Coniracior'e Signature: Conirautoes Cocc?cny. W at ciandata. ram. 37 PEE SCHEDULE — HOURLY RATES Dnife nor j Monday — Friday (7:00 A.M. — 4:00 P.M.) A''1ar Hours (3.' h r7.1A. -- 7:50 .), Hoildays,and Weekends Regular Tree Maintenance Crow Rental (3..man crow) $ 210.00 nfe lame ency Crew Rental (3-rnan rale $ 270.00 ArborhServices (p.CortWiener $ 120.00 nla Specialty Equipment (Crane andlor SF Aerkt t 150.00 200.00 Peat Contei r to 150.00 200.0C Wetailne trees (wader truck A operator) J 70.00 $ 'i50.00 TOYALB b50.00 R820.00 'includes overhead and vehicle 11OURLY RATS - Fora0N3SAL MOUNTS, LHWORDS: Eight hundred 1ny l fere Zaire Caydg Mier rwt!lrerr Holidays, and Wseiratker 4 w Zero Cents PrOmang C126,1:adc?e IgTueur2: Data 5/28,16 Contractor's Company Wit Coast Arborists, Inc. COOPERATIVE PURCHASING It is !Marketed thrt any other public agency (e.g., dty, county district, pet& euthortty. publIcc elem. munloipattty, end other political subdivision or pubic corporeaon) shell have trig option to partlapge in erg+ mom! raasfe a8 r need of Pee carbctionet Inn Erna pre The CItt div ! Ins no fincookd rstrwmejAr connection with erg purchase by another public agency. The padre, angry sis4 s>s fl mal, nasponz biiity for placing orders end making payments to the vendor. GUARANTY To the City of Poway, City Council, for: URBAN FORESTRY MAINTENANCE SERVICES The undersigned guarantees the work included in this pproje t(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material fumished or methods of Instafatlon, or should the work or any part thereof fall to operate property 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 reimberse the City upon demand, for its expenses insured in restoring said work to the coition 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 front the City. If the undersigned st tt fish o; Asa to comply with his trbl6gations iiilder thi$ guaranty, the Ctty shall be entitled to all cost and expenses, Including attorneys fees, reasonably Incurred by reason of the said failure or refusal. West Coast/ii" • iota, Inc. Contractor( Petrick Mahoney. President Title Julie 27, 211LG Data "TO BE SUBMITTED WITH EXECUTED CONTRACT' WORKERS' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1891 of the State Labor Code, each Contractor to whom a public w ks Contract has been awarded shal sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract °! errr s« ttre of the provleons S ct!on 37O of the LF1so7 Csdc V ticEt raqutre evary employer to be Insured against liability for Workers' Compensation or to undertake self- insurance lit scoordenoa with the provia:erts of that Codas and l vrilf comply with such provisions before commencing the performance of the work of this Contract' By: 'Jest Coast Arb •'s : , Inc. Contractor (Company -Me Patrick Uah9ney, Presid June 27, 2016 Date Section 3700 of the State Labor Code reads in pert as follows: "Every employer except the State sal secure the payment of compenentlon 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 oartificate of consent to self- in5Ure, cii'ter as an irtdiVidafli crrrp:Cr�r, cr-mprioyer in a grip ai irr:i;)isre;s, Whi i may be Owl upon furniohing proof Fatieractory to the Director of I: t:Lexi Relations of ability to self -insure and to pay any ccmpenest13n that may become due to his employees.' '*TO BE SUBMITTED WITH (EXECUTED CONTRACT*` SECTION REQUEST FOR PROPOSALF Notice is hereby given that the City of Poway, California zit e'/t sealed prop:nes at tha Put Works Merrill it't x r C c 14407 Labe Poway Road, Poway, CA 92084, until 3:QO p.m. an Tuesday, June 1, 2011. Proposals shalt be submitted in plain, sealed envelopes, marked on the outside with the project tiee- URBAN FORESTRY MAINTENANCE SERVICES REP 18418 Pevtlert Description: To furnish all professional eervioea, skilled tabor, materials, equipollent, toots, insurance, permits and fees, as necessary, to render the semloee according to the s{eaficattone set forth In this outline. The succeaaful proposal by e qualified oontractor to provide professional Urban Forestry Maintenance Services wr8 result in a contract with the City of Poway The contractor will supptemertt City staff, No proposal will be accepted unless d le wide on proposal forms furnished ed by the City of Poway Proposals will be evaluated on the base of experience and abtlityto perform, which inductee the equipment est, but not limited to, experience and history of the firm, as well as upon the amount proposed The City will also consider a cooperative purohaaing agreement that meets our purcttasirtg requirements per 3,28 In the Munidpat Code. The ward of the Contract, if made, will be made to the proposer, who in the sole discretion of the Cityr is beat able to perform the Contract in a manner most beneficial to the City of Poway The City reserves the right, after oparnng proposals, to reject any or all proposals, to waive any informality in the proposal, end 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, 2018 through .lone 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 (6) 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 ate subject to City Council appropriation of funds Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change r the previous calendar year's Consumer Price index for the San Diego area (Ali Urban Consumers CPI-U) or 59%, whichever is less. The first adjustment would occur no earlier than July 1, 2018 Proposal documents may be purchased for a eon -refundable fee of $7.00 per set from the City of Poway Customers 8ervlces Counter, located at 1332.8 Civic Center Drive, CA 92064 during regular business hour* ear free of charge via our webeite at NeteeldetittLefik For further information contact Diane Mann, Public Works ervis , et (858) 4704 or by email at eimannelpoweeoree 1-A.TT. 1 Tray SertEtcti, DifVi i27 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 SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that I WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92806 L NAME AND ADDRESS OF INSURED Libe Mutual INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY FA EXP DATE CONTINUOUS EXTENDED 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: EMPLOYERS LIABILITY All States Except: ND, OH, WA, WY Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person GENERAL FA 1111 COMMERCIAL LIABILITY 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 g p Da aae$30to remises rented to 0 Other Medical Expense $5,000 El F4 El AUTOMOBILE LIABILITY OWNED NON -OWNED HIRED 7/1/2018 AS7-661-039499-037 Each Accident —Single Limit $2,000,000 B.I. And P.D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2017 - 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 insu ed shall be primary and non-contributory. Waiver of Subrogation is included in favor of the additional insured on workers compensation, where allowed by statute, and applies only to the specific jobs of the insured performed under written contract, and where applicable by law. • If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: [City of National City 1243 National City Blvd. National City CA 91950 tC 9 Y 7 ram' «,:iez_oll�� 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 LM_2819 l 7/17-7/18 - GL/2/1, AL/2, WC/1, U/5 I Donna Smitala 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 CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the 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 location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply; This insurance does not apply to "bodily injury" or "property damage" occurring after: 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 performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. 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 Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability insurance Any location listed in such agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of POLICY NUMBER: AS7-661-039499-037 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. information required to complete this Schedule, if not shown above, will be shown In the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 RESOLUTION NO. 2018 — 72 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 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO THE CITY OF POWAY'S URBAN FORESTRY MAINTENANCE SERVICES CONTRACT WITH WEST COAST ARBORIST, INC., TO AWARD AN AGREEMENT FOR THE PURCHASE OF 1,700 TREES AND TO PROVIDE PLANTING SERVICES IN AN AMOUNT NOT TO EXCEED $297,500, FUNDED BY A CAL FIRE URBAN AND COMMUNITY FORESTRY GRANT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on May 22, 2017, the City of National City was awarded the Urban and Community Forestry Grant in the amount of $650,800 through the California Department of Forestry and Fire Protection (CAL FIRE) to fund the purchase, planting, and initial maintenance of 1,700 trees, to be performed by a contractor, over a three-year period; and WHEREAS, on August 1, 2017, the City Council adopted Resolution No. 2017- 138, accepting the grant and authorizing the City Manager to execute the grant agreement; and WHEREAS, there is an opportunity for the City to piggyback onto the City of Poway's Urban Forestry Maintenance Services Contract with West Coast Arborist, Inc., (WCA) for the purchase of 1,700 trees and to provide planting and initial maintenance services by utilizing a portion of the $650,800 grant funds in an amount not to exceed $297,500, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing; and WHEREAS, 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 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; and WHEREAS, the long-term maintenance after the plant establishment period will be performed by National City Public Works Parks Division staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the City of Poway's procurement procedures are in substantial compliance with National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiving the formal bid process to piggyback onto the City of Poway's Urban Forestry Maintenance Services Contract with West Coast Arborist, Inc. BE IT FURTHER RESOLVED that the City Council awards and authorizes the Mayor to execute an Agreement with West Coast Arborist, Inc., for the purchase of 1,700 trees and to provide planting and initial maintenance services by utilizing a portion of the $650,800 grant funds in an amount not to exceed $297,500. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2018 — 72 Page Two PASSED and ADOPTED this 15th day of May, 2018. Morrison, Mayor ATTEST: Michael R. Dalla, ity Clerk APPROVED AS TO FORM: o is-Jne Attorney Passed and adopted by the Council of the City of National City, California, on May 15, 2018 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 14--4%)) City Clerk of the City of f tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-72 of the City of National City, California, passed and adopted by the Council of said City on May 15, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2018 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback on the City of Poway's Urban Forestry Maintenance Services contract with West Coast Arborist, Inc. (WCA) to award a contract for 1,700-tree purchase and planting services in an amount not to exceed $297,500, funded by a CAL FIRE Urban and Community Forestry Grant. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: JANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 296-409-500-598-6582 — Urban Forest Management Planting Grant Phase II - $297,500 Funds are appropriated and available in the above expenditure account. MIS ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: L J FINAL ADOPTION: I 1 STAFF RECOMMENDATION: Adopt Resolution awarding the purchase of 1,700-tree purchase and planting services in an amount not to exceed $297,500 to West Coast Arborists, Inc. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. City of Poway Urban Forestry Maintenance Services Contract 3. Service Agreement 4. Resolution /4So ct+T(in ko- 2oid)- �t EXPLANATION In 2015, the City of National City was awarded an Urban & Community Forestry Greenhouse Gas Reduction Fund grant in the amount of $276,685 through the California Department of Forestry and Fire Protection (CAL FIRE) to develop an Urban Forest Management Plan for National City. The scope of work included conducting a Geographic Information System (GIS)-based City tree inventory estimated at 10,000 trees, developing a long-range Urban Forestry Management Plan, updating corresponding City Council policies and ordinances, creating a National City Urban Forest webpage, and providing a web -based tree maintenance scheduling interface for residents. The tree inventory, which was used to apply for a CAL FIRE tree planting grant (see below), has been completed. Staff anticipates completing the remaining project components and closing out the grant in FY 2019. On May 22, 2017, the City of National City was awarded an Urban and Community Forestry Grant in the amount of $650,800 through CAL FIRE to fund the purchase, planting and initial maintenance of 1,700 trees, to be performed by a contractor and competed by March 2020. The trees will be planted Citywide based on the tree inventory, under the direction of the Park Superintendent. Areas include, but are not limited, to El Toyon Park, Butterfly Park, Plaza Bonita Center Way, Marina Way, and other parks, vacant sites and community corridors throughout the City. The long-term maintenance after the plant establishment period will be performed by City Public Works Parks Division. On August 1, 2017, City Council adopted Resolution No. 2017-138, accepting the grant and authorizing the City Manager to execute the grant agreement. In 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. Based on WCA's past performance, City staff met with CAL FIRE's grant manger to discuss a potential contracting opportunity with WCA for project construction through a "piggyback" contract available through the City of Poway. CAL FIRE's grant manager supports the use of WCA's services for project construction based on their qualifications. 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 1 of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. City engineering staff reviewed the City of Poway's Urban Forestry Maintenance Services contract with WCA and desires to take advantage of their competitive pricing for project construction. National City's Purchasing staff also reviewed the contract and has confirmed that the contract was competitively bid through a standard RFP process, and that the City of Poway's procurement procedures are in substantial compliance with those of National City. On July 1, 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 for a total of three (3) separate, one-year term extensions. Therefore, staff requests that City Council waive the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorize the City (Buyer) to piggyback on the City of Poway's Urban Forestry Maintenance Services contract with West Coast Arborist, Inc. (WCA) to award a contract for 1,700-tree purchase and planting services in an amount not to exceed $297,500, funded by a CAL FIRE Urban and Community Forestry Grant.. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS AGREEMENT is entered into on this 15th day of May, 2018, 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 applied for, and was awarded, a grant through the California Department of Forestry and Fire Protection (CAL FIRE) in the amount of $650,800 to plant 1,700 trees in the City of National City to help in reducing greenhouse gases. WHEREAS, the CITY desires to employ a CONTRACTOR to provide coordination and planting 1,700 trees through the beginning of 2020 to meet the requirements of the grant. 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 tree planting 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 planting services of 1,700 trees, 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 May 15, 2018. The duration of this Agreement is for the period of May 15, 2018 through March 1, 2020. 3. SCOPE OF SERVICES. The CONTRACTOR will perform tree planting services as set forth in the attached Exhibit "A" following the fee schedule as set forth in the attached Exhibit "B" (the project). -1- 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 $297,500. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "B". 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. 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 Standard Agreement Page 2of11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 -2- 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 CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. Standard Agreement Page 3of11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 -3- 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 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 Standard Agreement Page 4 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 -4- 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 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 Standard Agreement Page 5 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 -5- 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. 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 Standard Agreement Page 6 of 11 City of National City and Revised July 2017 WCA Cal Fire Grant 2018 -6- 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 Cal Fire Grant 2018 -7- 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 Cal Fire Grant 2018 -8- 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 Cal Fire Grant 2018 -9- 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 Cal Fire Grant 2018 -10- 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 COAST (Corporation — signa By: (Name Page 11 of 11 Pa (Pr t) ck Mahone President S, INC. e officers required) (Title) (Name) Richard M (Print) Secretary (Title) City of National City and WCA Cal Fire Grant 2018 -11- Exhibit A West Coast Arborists, Inc. Scope of Work Project Requirements The Scope of Work for this Agreement is to provide professional tree planting of 1,700 trees. The City's Park Superintendent will direct West Coast Arborists, Inc. to plant these 1,700 trees to meet the requirements of an awarded grant through the California Department of Forestry and Fire Protection (CAL FIRE). The Park Superintendent will identify those areas of the City in need of tree planting by reference to the City's tree database. The City anticipates these tree planting services will first begin at El Toyon Park and later move to vacant property sites, and other locations, as directed by the Park Superintendent. Prices for these services are listed in Exhibit B. The contract is not to exceed $297,500 and is effective May 15, 2018 through March 1, 2020. Page 1 of 1 -12- EXHIBIT A Proposal 48656 CA Conlrarams Weems 119s0764 i AZ Cordraclms Liars /256161 DR RagItr n 11000000166 Liblky hissed West Coast Arborits, Inc. � ,. 8674 Commerce erce Av., suits B San Diego, CA 62121 (P) 11M11.56S.4204 (F) 61la sseA0as PROFORMA FOR TREE MAINTENANCE SERVICES CUSTOMER: CITY OF NATIONAL CITY INV. NUDED: Yes MAINVICTOR URIBE CONTACT: BOLLING C VICTOR UR1BE ADDRESS: 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ADDRESS: 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 PHONEIVAX: (619) 336-45110 f (619) 336-4594 PBOPMATAIC: (619) 336.45SO I (619) 336-4594 EMAIL: VURIBBa NATIONALCITYCA.GOV EMAIL: VUR1BEaNATlONALC1TYCA.GOV JOB LOCATION: National City, City Wide. JOB DESCRIPTION: Task 1 and 2 including all tree planting supplies. Furnish and install 1700 15 gallon trees. Tree specks t0 be determined. Species will be the most suitable for achieving the CALPIRE giant carbon goals. ()1\ f)1�( IZII'110\ 1 1 I' I()1 NI 1700 Pleat 1513allon Trees Earls S175.00 $297 A0 GRAND TOTAL: 9297,800.00 Al! wtrrk wit :-r r.orrtreri in accordanr_r w;th ANSI AITOC'stand.ards Prcc rPtti'r:!S payment of prevaifrnq wage rat; s under the wage defermrnanon Ircc fletaortivnonce Laborer. ,end rcport+ny of ecrvf4edp;g'roU tr) thi) Oeparlrn+?nt of Industrial f?elatrons as appflc-abfe rn accurdarrce' w,w th state labor law5, COMMENTS Prices refeet the City of National City tetrad rates. ESTIMATED BY: MIKE PALAT Date: 2/1/2018 ACCEPTED BY: Da11a Proposal Report Page 1 of 1 -1 3 - EXHIBIT 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 muntdpal corporation (the 'City"), and West Coast Arborist, Inc., a California corporation, hereinafter referred to as' the Contractor." The length of this Contact shall be for two (2) years beginning on July t, 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 maxknunt 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 e.Mce 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) woridng days prior wdtien notice with cause or sixty (80) days without cause. If the City suspends or terminates a portion of this Contract, each suspension or termination shall not make void or invalidate the remainder of this a Contract,, ARTICLE I. That for and In ooneideration of payments and agree/name hereinafter mentioned. to be made and performed by the City, and under the conditions repressed In the bonds attached hereto, If any, Contractor agrees with City at Contractor's cost end expense, to do alt the work and furnish all the materials except such as ere mentioned In the Spedticatlons (attached hereto, at Section 3) necessary to construct and complete in good, workmanlike and substantial manner, al to the satisfaction of the City of Poway, in accordance with the Special Provisions for this project as set forth hareeb. ARTICLE II. Said Contractor agrees to receive end accept as full oompeneatlon for furnishing ail materials and doing all the work contemplated end embraced lo the Contract an amount equal to the sum of the totals for the items of work The total for each than of work shall be calculated by determining the actual quantity of each item of work and muidpiying that actual quant ty by the unit price proposal by the Contractor for that Item of work. Contractor further agrees to be responsible and hold aty harmless from al toss or dames arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may scree or be encountered in the prosecution of the work until its acceptance by Qty. Contractor agrees b be responsible end 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 c.onorarxor is responsible for all expenses incurred by or In consequence of the suspension or discontinuance of work. end/or tetthfully completing the work, and the whole thereof, in the manner and according to the Plans and Specification and requkements of the City. ARTICLE III. The Qty hereby agrees end promises the Contactor to employ, and does hereby employ, said Contractor to provide the materials and to do the work accordinng to the tame and conditions herein contained and referred to, for the pdcws stated, and hereby Conesda to pay the same at the time, In the manner, and upon the conditions above set forth. ered partiza 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 expresely 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 I;trere shall iaa considered sa an ccceptanca of the said terms of proposal conflicting herewith. -14- ARTICLE V. Contractor shall defend and otherwise hold City harmless from any and al 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 lability as required per Seaton IL Item 19. The Covenant contained herein applies to all sums paid as a result of the above claims. inducting court costs and reasonable attorney Bees 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 oontalned 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 rnatertal pert of the consideration to the Cky in entering Into this Contrail with Contractor. (Ail Items in the Contract will be the same as in the Proposal.) IN WITNESS WHEREOF, the parties to ve , ;,�, sst r names in the dat year and a first above written. Contractor: Simature Title: — Patrick I Mahoney!, President • Sirrture Title• R+chatd Mahoney, Asa et&tj Secretary City Manager of the CHy of Poway: A— - ATTEST: City Clark: APPROVED AS TO FORM: -15- SECTION V PROPOSAL FORMS To the City of Pcwav, acting by and through Its City Council. herein called the `City` tor MEAN FORESTRY MAINTENANCE SEMMES to be provlded to acid 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 end agrees to perform, within the Ume stipulated, the contract, Induding at of its component parts, and everything required to be perforated, all in strict conform{ty with the plans and specifications and other contract documents, including all addenda for the sums set for the sites itsted hereby It Is understood and agreed that ttre contract amount Includes att appurtenant oenees, taxes, wattles, and fees. In the case of discrepancies between numbers of the proposal amount and the words staling the amount, the words shall govern over numbers; IN CO MPUANCE with the Notice, € peclftcatlons, and ape1 pravielons herelnbefore stipulated, the undersigned, with full compreheneton thereof, hereby props to perform the entire worts for the prices set forth below upon wtetch award of Contract Is Work not ltantltted In the contract will be billed on a time and materials basis using the same standard hourly rate (which shall include tabor, 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 Conbraotor (Please Print): { ♦, .�::.*f!r!r , Inc. Authorized i ieut or Olken Title: Email Address: Patrick Mahone y Pent vgoruetszttwcalOc. co m Addrass: 2200 E. via Burton Anaheim, CA 92806 as -16- QOPOSAL FORMS service Address: 8524 Commerce Avenue Sine B San Diego, CA 92121 Telephone: (714) 891-1900 City of Poway Business Certificate No.: BC-007041 Expiation Date: 071128/2017 CA License No: =7M License Expiration Dater 12E3t,16 UR Registration No.: 1O0D0C 9 [Remainder of Page Lett Rank Intentioradly] -17- FEE SCHEDULE -- MAINTENANCE Description Unit thIli priao Grid Tres Terrain '°' Each $ e2,00 Tree ►lf.if,rg" Each $ 84.80 Ferrate Fan Palen Each ClewTrunk kw Fan Palm (skinnklg) At* $ 150.00 Service Request Tdrurdrtp 0-8' DSH" Eectr ezl10 SenAce Request Teaming 7-12' Mir 4 Each ; os,00 —1 Service t Tr' kr� 1 -19' DBH"' Ea 1st Service Request Tthvskig 19-24' Dt3H" Each ; ,170.00 Service Request Trimming 26-30" DWI" Each 210.00 Service Request Tr coming 31"+ DSH' Est Tree Remove! tad 8tunp t rkrdine`''' Mob 27.00 Tres 17.00 8tl I tierce �' rr�, to.00 P&arri 1 t tree *RE' Each 1$0.ao PlanVasil Fi3' Each 176.0o Pima 24' boot try tn1+RS'' iraoh 28040 Flint 24' box tree tkicut Ezdi 270.00 Punt 86' box Ins MVP Each * r 4.0 Nord se' bo trss YAW RIP i 900.00 Plant 48' box tree twRB' Esmh 1,700.00 Plant 40" box tree arlout RB° ,Earth 1.51) Root Pruning/Root Barrier Inahllgion 12" or Ur b!odbarrier Unser Foo: 1 gem OPS TINE Inventory (ow true site) ERon 4; Lon Tree Walton Each $ se.ao TOTAL $ 7,245 'Tree planting includes tree, materiels, and planting cosh, "Odd Wining, tree raising, and service requests Includes cleanup end dispose!. "'Tree and stump romcvai includes cleanup and disposal. MAINTENANCE • PROPOSAL AMOUNTS, iN WORMS: Proposing Contractor's Signature: Contractor's Company ny tyK Seven thousand ebc hundred torly t dollars 37 Fifty tends Dents 113 -18- PEE SCHEDULE — HOURLY RATE3 Y..f.. f raors Monday —Friday (7:00 A.M. —+k00 P.M.) Hours (4:0V P.M — 7:00 km.), Hoiidar. and Weakends Regular Tree Maintenance Crew Renal Oaten crew)' $ 210.00 hit Erna ncy Crew Rental G-man r 270.00 Arboriet ServicosPieetortVIMthgr ,$ 120,110 nla Specialty Equipment (Crane s ndlor CV Aerial) i 150.00 $ 200.60 Certikod camber Arfaorlaf" stir Pest Confeel $ t 0 $ ram Watering ireosAtiZer iruatt $ ii 70.00 .". 950.00 rod TOTALO $b80.00 $20.00 'includes ouothead and vehicle HOURLY RATES - P OSML MOMS, M WORDS: Maredzy Friday sot hundred 2.er0 Gents After Hours,, Hoidays. and Weekends Zero Proposing C tz oz'i SIgmwre: Date: 5l26/16 Contractor'e Comp Wit Coact Arbo$sts, Inc. Cents COOPERATIVE PUFtCHA8tk0 N fe Intended that any otter public agency IeA» dt, county detrIct, pubic authority. P . nrunictpeithr, and other gilded eubdMalort or pubic oorparatico) ahe[ hero rho option as partticipde in Bray omit ride ace ruauR of tea coildtetico at the erne pia. The Oki obeli In no tradiakti respismalk connection with soy porch:e by another public iienoy. The pub sway Owl accept sole respaftelaty for *cap orders arid nuking pima* to the vendor. -19- GUARANTY To the City of Poway, City Coundl, for: URBAN FORESTRY MAINTENANCE SERVICES The endersignod guaranty the work ins sled in this project(s). Should any of the materials or equipment parse 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 property 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 wing 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 b make such replacement or repairs, or upon demand by the City, to replace arty such materiel 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 shell fan ar refuse t3 comply with hie 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 Coaat/AJb Tists. Inc. Contrec?or {Cc Patrick Mahoney, President Title June 27422G Date "TG BE SUBMITTED WITH EXECUTED CONTRACTM° AMMON -20- 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 ern mere of the provietore of Section 3700 of the Labor Code venial require wry employer to be Inured against liability for Workers' Compensation or to undertaks self - Insurance in accordance a with the provisions of that Code, and l will comply with such provisions before commencing the performance of the work of this Contract." By: Hest Coast Arb Coati -actor (Company •: t: Inc- L Patrick F:alloney, Presid Titre June 27 $ 2016 Da€f Section 3700 of the State Labor Code reads in pert as follows: "Every employer except the State shall sure the payment of compensation In one or more of the following ways: (a) By being Insured against lability 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 es an Individual employer, or as one employer in a group of employers, wheel may be ylven 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 SUBMITT'ED WITH EXECUTED CONTRACT" -21- SECTION I REQUEST FOR PROPOSALS Notes is hereby given that the City of Poway, California Aril socelat sealed proposals ai the Putho Wow AdnI1nI titterer Mae, 14487 take Poway lead, Poway, CA 92064, until 3:00 p.m. on Tuesday, June 1, 2016. Proposals *hat be submitted in plain, sealed envelopes, marked on the outside wllth the project tile: URBAN FORESTRY MAINTENANCE SERVICES RFP 184118 PreDescription: To furnish au .professional services, skilled labor, matenals, equipment, toaitr, insurance, permits and fees, as necessary, to render the services according to the ispecificatIone set forth In. this outline. The act proposal by e qualified oontractar to provide ptofeeeional Urban Foreetry Maintenance Services wit result in a contract with the City of Poway The contractor will supplement City staff. No proposal will be accepted unless it le made on proposal forme furnished by the City of Poway Proposals will be evaluated on the beefs of experience and abilityyto perform, which includes the equipment 0t, but not limited to, experience and history of the firm, es Weil ae upon the amount mod. The City will also consider a cooperative purchasing agreement that meets our purchasing requirements par 3.28 In the Municipal Code. The award of the Contract, if made, will be made to the proposer, who in the tole discretion of the City is toast able to perform the Contract in u .mentor most beneficial to the City of Poway The City reserves the right, after opening proposing, to reject any or aft proposals, to wmve any informality in the proposal, and to accept any proposal ar portion of it Standard Contract I.en the The length of this Contract shaft be for two (2) years on July 1, 2018 through June 30, 20"18.The Contract may be extended with a total of three (3) separate Line -year harm extensions. The maximum length of the Contract can be sip to fire. (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 suderisionsere subject to City Council appropriation of funds Each renewal period (fiscal), the Contractor's costa shalt be adjusted based en the annual change to the previous calendar years Consumer Price index for the San Diego area (All Urban Consumers CPI-U) or 696, whichever Is leas. The first adjustment would dour no earner than July 1.2018 Proposal documents may be purchased for a nonce fee of $7.00 per set from She City of Poway Customers Services Counter, located et 13328 Civic Center Drhfe, CA 02064 during roster business hours or free of charge via our wabalte at www.o w►av ora. For further Information contact Dram Mare, Publm Works Suparvhaa , at (i8) east- 4704 or by email at gl�ym/ann powsv g. J` r DATE. a `f! Wiz• = '41' Troy Sento-itim, Dirwtor of Public Works 1 22- 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 NAME AND ADDRESS OF INSURED NSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate maybe issued TYPE OF POLICY • • FA EXP DATE CONTINUOUS EXTENDED 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, WY EMPLOYERS LIABILITY Bodily b y Injuryby Accident cident EachAccident ,000 Bodily Injury By Disease $1,000,000 PolicvLimit Bodily Injury By Disease $1 000 000 GENERAL RI II COMMERCIAL LIABILITY OCCURRENCE CLAIMS MADE 7/1/2018 TB2-661-039499-017 Fach Person General Aggregate $2,000,000 Products / Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 RETRO DATE Personal & Advertising Injury $1,000,000 Per Person / Organization Other Dam_aggp to ppremises rented to ou Other Medical Expense $5,000 12 FA IZI AUTOMOBILE LIABILITY OWNED NON -OWNED HIRED 7/1/2018 AS7-661-039499-037 ,Y390.000 Each Accident —Single Limit $2,000,000 B.1. 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 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. e certificate expnahon date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: [CityECity of National City 1243 National City Blvd. National City CA 91950 lvrn U L Liberty Mutual Insurance Group Elaine Ulan Los Angeles / 0603 818 W 7th Street, Suite 850 Los Angeles CA 90017 OFFICE AUTHORIZED REPRESENTATIVE 0564408 213-443-0782 6/13/2017 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 LM 2819 17/17-7/18 - GL/2/1, AL/2, WC/1, U/5 I Donna Smitala 16/13/2017 11:20:48 AM (CDT) I Page 1 of 1 LDI COI 268896 02 11 -23- POLICY NUMBER: TB2-661-039499-017 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the 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 location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): 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 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 wit 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 Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Location(s) Of Covered Operations Any location listed in such agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 m Insurance Services Office, Inc., 2012 Page 1 of 1 _24_ POLICY NUMBER:AS7-661-039499-037 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided In this policy. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos 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 Section 1I - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 -25- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEWIENT - CALIFORNIA 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 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250. Person or Organization Where required by contract or written agreement prior to loss and allowed by law Job Description Issued by Liberty Insurance Corporatlon21814 For attachment to Policy No.WA7-66D-039499-077 Effective Date Premium $ Issued to West Coast Arborists, Inc. WC 04 03 06 Ed: 04/1984 Page 1 of 1 -26- RESOLUTION NO. 2018 — 72 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 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO THE CITY OF POWAY'S URBAN FORESTRY MAINTENANCE SERVICES CONTRACT WITH WEST COAST ARBORIST, INC., TO AWARD AN AGREEMENT FOR THE PURCHASE OF 1,700 TREES AND TO PROVIDE PLANTING SERVICES IN AN AMOUNT NOT TO EXCEED $297,500, FUNDED BY A CAL FIRE URBAN AND COMMUNITY FORESTRY GRANT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on May 22, 2017, the City of National City was awarded the Urban and Community Forestry Grant in the amount of $650,800 through the California Department of Forestry and Fire Protection (CAL FIRE) to fund the purchase, planting, and initial maintenance of 1,700 trees, to be performed by a contractor, over a three-year period; and WHEREAS, on August 1, 2017, the City Council adopted Resolution No. 2017- 138, accepting the grant and authorizing the City Manager to execute the grant agreement; and WHEREAS, there is an opportunity for the City to piggyback onto the City of Poway's Urban Forestry Maintenance Services Contract with West Coast Arborist, Inc., (WCA) for the purchase of 1,700 trees and to provide planting and initial maintenance services by utilizing a portion of the $650,800 grant funds in an amount not to exceed $297,500, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing; and WHEREAS, 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 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; and WHEREAS, the long-term maintenance after the plant establishment period will be performed by National City Public Works Parks Division staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the City of Poway's procurement procedures are in substantial compliance with National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiving the formal bid process to piggyback onto the City of Poway's Urban Forestry Maintenance Services contract with West Coast Arborist, Inc. BE IT FURTHER RESOLVED that the City Council awards and authorizes the Mayor to execute an Agreement with West Coast Arborist, Inc., for the purchase of 1,700 trees and to provide planting and initial maintenance services by utilizing a portion of the $650,800 grant funds in an amount not to exceed $297,500. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2018 — 72 Page Two PASSED and ADOPTED this 15th day of May, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk WEST COAST ARBORISTS TREE PURCHASE AND PLANTING SERVICES Funded by a Cal Fire Urban and Community Forest Grant Carla Hutchinson (Engineering/Public Works) forwarded an original duplicate of the Fully Executed Agreement to West Coast Arborists.