HomeMy WebLinkAboutContracts & Agreements_155-2015AGREEMENT TO PERFORM TREE MAINTENANCE SERVICES
This agreement for the provision of tree maintenance services ("Agreement") is made and
entered in this 20"' day of July, 2015 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City)" and West Coast Arborists, Inc. ("Contractor"). City and
Contractor are sometimes individually referred to herein as a "Party" and, together, as "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 -- ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform tree maintenance services at various locations
throughout the City (the "Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations
in the performance of the Services including, but not limited, to all applicable Labor
Code and prevailing wage laws and non-discrimination laws, including the Americans
with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing
rates of per diem wages as determined by the Director of the California Department of
Industrial Relations for each craft, classification or type of worker needed to undertake
the Project are on file at City's Municipal Utilities and Engineering Department, located
at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands,
California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to
prevailing wages that City may enforce such provisions by withholding payments to
Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771,
1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory
provisions establishing penalties for failure to comply with state wage and hour laws and
to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775
and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
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2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Chris Diggs, Municipal Utilities and Engineering Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner on
an as needed basis as requested by the City. The Services shall commence within ten (10)
days of the Effective Date of this Agreement.
4.2 If Contractor's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same. It shall be the obligation of Contractor to
obtain a copy of such policy from City Staff.
4.3 During the term of this Agreement, City may request that Contractor perform Extra
Services. As used herein, "Extra Services" means any work that is determined necessary
by City for the proper completion of the Services, but which the Parties did not
reasonably anticipate would be necessary at the time of execution of this Agreement.
Provided the Extra Services do not exceed twenty percent (20%) of the compensation to
be paid by City to Contractor for the Services, such Extra Services may be agreed to by
official in accordance with Chapter 2.16 of the Redlands Municipal Code. Contractor
shall not perform, nor be compensated for, Extra Services without such written
authorization from City.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The total compensation for Contractor's performance of the Services shall be in the
amount up to Thirty Thousand Dollars ($30,000) based on the unit price of Fifty Five
Dollars ($55.00) per tree.
5.2 Contractor shall submit monthly invoices to City describing the Services performed
during the preceding month. Contractor's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the project. City
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shall pay Contractor no later than thirty (30) days after receipt and approval by City of
Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
city
Chris Diggs
MUED Director
City of Redlands
35 Cajon Street, Suite 15A
P.O. Box 3005 (mailing)
Redlands, CA 92373
Contractor
Victor Gonzalez
Vice President
West Coast Arborists, Inc.
2200 East Via Burton Street
Anaheim, CA 92806
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration
of its performance of the Services. Contractor shall not perform any Services unless and
until the required insurance listed below is obtained by Contractor. Contractor shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30) days prior
written notice to City.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit "B," entitled
'Workers' Compensation- Insurance Certification," which is attached hereto and
incorporated herein by this reference.
6.3 Contractor shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Contractor shall have business auto liability coverage, with minimum limits of One
Million Dollars ($1,000,000) per occurrencc, combined single limit bodily injury liability
and property damage liability. This coverage shall include all Contractor owned vehicles
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used in connection with Contractor's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services. Contractor further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a- staff capacity with City and, in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302.
7.3 In the event City officially determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk,
ARTICLE 8 — GENERAL CONSIDERATIONS
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8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Contractor in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk.
8A Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account
only, and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to
bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however, this Agreement
may be terminated by City, in its sole discretion, by providing not less than ten (10) days
prior written notice to Contractor of City's intent to terminate. If this Agreement is
terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no
amount shall be allowed for anticipated profit or unperformed Services, and (2) any
payment due Contractor at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Contractor in performing the
Services. Contractor shall be compensated on a pro-rata basis for Services completed up
to the date of termination.
8.6 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Contractor.
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8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed
in confirmation of this Agreement.
CITY OF REDLANDS h
Tina Kundig, Finance Director
ATTEST:
nne Donaldson,
Deputy City Clerk
WEST A S , INC.
By:
Patrick Mahoney, President
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EXHIBIT "A"
SCOPE OF SERVICES
Contractor is required to perform and complete the proposed tree maintenance work in a
thorough and professional manner, and to provide labor, tools, equipment, materials, traffic
control and supplies necessary to completc all the work in a timely manner that will meet the
City's requirements.
Traffic Clearance Pruning
Tree pruning for traffic clearances shall provide clearances of at least 15 feet and no greater than
16 feet above finish grade for moving vehicles within the traveled roadway. Clearance trims are
performed on a grid system or on a street -by -street basis and shall be determined by City staff
and conform to the following:
(a) The minimum clearance under trees within the street right-of-way shall be 15 feet
over the traveled road. When pruning the bottom branches, care shall be given to
obtain a balanced appearance when viewed from across the street immediately
opposite the tree.
(b) Cut to laterals to preserve the natural form of the tree. Remove lateral branches at
their point of origin, or shorten the length of a branch by cutting to a main lateral.
(c) When cutting, avoid cutting back to small suckers. Remove smaller limbs and
twigs in such a manner as to leave the foliage pattern evenly distributed.
Traffic Control
Contractor shall conform to all City traffic safety requirements and operating rules at all times
while this contract is in effect. Contractor shall employ staff certified as Traffic Control Design
Specialist and Traffic Control Technicians in accordance with the American Traffic Safety
Services Association (ATSSA).
Contractor is responsible for supplying and using all safety equipment necessary to close or
delineate traffic lanes to through traffic. This is to include a high visibility arrow board(s) as
necessary. The City, prior to use, must approve all traffic safety equipment for use.
Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site
for vehicular and pedestrian safety.
Public Notice of Tree Pruning Operations
Contractor is required to notify residents and/or businesses of scheduled tree pruning operations
at least 48 hours prior to the work being performed. Notifications shall be made in the form of
door hangers.
City approved "No Parking" signs shall be posted on individual trees scheduled for pruning 24
hours prior to the work being performed.
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Clean Up
Contractor shall clean all job sitcs daily when work is complete, including removal of leaves,
twigs, etc. from the lawns, sidewalks and parkways and the sweeping of streets and gutters.
Each day's scheduled work shall be completed and cleaned up. Under no circumstances shall any
brush, leaves, debris or equipment be left on the street overnight. Contractor's equipment may be
stored overnight, with advance approval. However, City will not be responsible for security of
Contractor's equipment.
The City staff shall be the sole judge as to the adequacy of the clean up.
Debris Disposal
All tree branches produced as a result of the Contractor's operations under this contract will be
reduced, reused, recycled, and/or transformed. City shall be provided Contractor's green waste
recycling report detailing the amount of debris recycled and the location. This report to be used
for compliance with Assembly Bill 939,
(a) Green waste that is transported to an offsite facility for grinding into mulch shall
be documented in a Green Waste Report and made available to City on a monthly
basis.
(b) At the direction of City, wood waste generated from tree removals shall be
chipped into pure wood chips with an even uniform size and then dumped in
specified locations in the City.
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon famishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
,k-I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
West Co borists, In .
By:
Patrick Mahoney, Presiders .
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