HomeMy WebLinkAboutContracts & Agreements_129-2004_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 7th day of September,2004,by and between
the City of Redlands,a municipal corporation("City")and West Coast Arborists,Inc("Contractor").
In consideration of the mutual promises contained herein, City and Contractor agree as
follows:
ARTICLE 1 -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to do a city wide Tree inventory and consulting and
trimming/removing trees on an"as needed basis" and (the"Services").
1.2 Contractor and its subcontractors shall possess the appropriate State Contractor's License
required for the work to be performed as set forth in this Agreement and shall not be
debarred pursuant to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 -RESPONSIBILITIES OF CONTRACTOR
2.1 The specific services which Contractor shall perform are more particularly described in
Exhibit"A,"entitled"Proposal/Contract,"which is attached hereto and incorporated herein
by this reference.
Contractor shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all applicable
Labor Code and prevailing wage laws commencing at Labor Code section 1770 et.se . and
non-discrimination laws including the American's 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 perform the Services are on file at the City's Public Works
Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing)Redlands,
California 92373.
a. Contractor agrees that if it violates the Labor Code relating to prevailing wage, that City
shall enforce the Labor Code by Notice of the withholding of contract payments to
Contractor pursuant to Labor Code section 1771.6.
b. Contractor agrees that if it executes an agreement with a subcontractor to perform work
under this Agreement that Contractor shall comply with Labor Code sections 1775 and
1777.7 including providing the subcontractor with copies of the provisions of sections 1771,
1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Contractor acknowledges that the
statutory provisions for penalties for failure to comply with state wage and hour laws and
to pay prevailing wages will be enforced by City pursuant to Labor Code sections 1775 and
1813.
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c. Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
d. Contractor acknowledges that eight(8)hours constitute a legal day's work pursuant to Labor
Code section 1810.
e. Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall perform the Services in a prompt and diligent manner.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 For the performance of the Services, City will pay Contractor for its services at the hourly
and unit rates identified in the attached"Schedule of Compensation." In no event shall the
amount paid to Contractor exceed the sum of $73,000.00
4.2 Payments by City to Contractor shall be made within 30 0 days after receipt and approval of
Contractor's invoice, by warrant payable to Contractor.
4.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
City: Ronald C. Mutter
City of Redlands
Public Works Department
PO Box 3005
Redlands, CA 92373
Contractor: West Coast Arborists, Inc
2200 E Via Burton Street
Anaheim Ca. 92806
When so addressed, such notices shall be deemed given upon deposit in the United States mail; in
all other instances,notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,bills and payments
are to be given by giving notice pursuant to this paragraph.
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ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Contractor for the duration
of the performance of the Services and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City. Contractor shall provide
City with Certificates of Insurance and endorsements evidencing such insurance prior to
commencement of the Services.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's
Liability insurance for its employees throughout the duration of the Services
pursuant to Labor Code sections 3)700 and 1860 and in an amount which meets the
statutory requirement with an insurance carrier acceptable to City. Such insurance
shall be primary and non-contributing to any insurance or self-insurance maintained
by City. The insurance policy shall include a provision prohibiting cancellation of
said policy except upon thirty (30) days prior written notice to City. Certificates of
Insurance shall be delivered to City prior to commencement of the Services.
B. Contractor expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by
Contractor for City by expressly waiving Contractor's immunity for injuries to
Contractor's employees and agrees that the obligation to indemnify,defend and hold
harmless provided for in this Agreement extends to any claim brought by or on
behalf of any employee of Contractor. This waiver is mutually negotiated by the
parties.
C. Contractor shall sign the Worker's Compensation Insurance Certification attached
as Exhibit "B" to this Agreement.
5.3 Hold Harmless and Indemnification. Contractor shall indemnify,hold harmless and defend
City and its elected officials, agents, and employees from and against any and all claims,
losses or liability, *
including attorneys fees, arising from injury or death to persons or
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damage to property occasioned by any act, omission or failure of Contractor, its officer,
agents and employees in performing the Services required by this Agreement.
5.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Agreement 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
the insurance policy shall include a provision prohibiting cancellation of said policy except
upon thirty(30)days prior written notice to City. Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by City. Certificates of insurance
and endorsements shall be delivered to City prior to commencement of the Services.
5.5 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,
with minimum limits of one million($1,000,000)per occurrence,combined single limit for
bodily injury liability and property damage liability. This coverage shall include all
Contractor owned vehicles used on the project,hired and non-owned vehicles,and employee
non-ownership vehicles. City shall be named as an additional insured and a certificate of
insurance shall be delivered to City prior to commencement of the Services.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 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 recover its reasonable attorneys' fees.
6.2 Contractor shall not assign any of the Services to be performed under this Agreement except
with the prior written approval of City and in strict compliance with the terms, provisions
and conditions of this Agreement.
6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to the Services provided pursuant to this Agreement and
not an employee of City. All qualified personnel provided by Contractor pursuant to the
provisions of this Agreement are to be employed by Contractor for its account only, and in
no event shall Contractor or any 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. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between
the parties.
6.4 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
6.5 Upon receipt of a termination notice, Contractor shall (1)promptly discontinue all Services
and(2) deliver or otherwise make available to City, copies of any data, design calculations,
drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Contractor in performing the Services required
by this Agreement. Contractor shall be compensated on a pro-rata basis for any work
completed up until notice of termination.
6.6 This Agreement, including the attachments incorporated herein by reference,represents the
entire agreement and understanding between the parties as to the matters contained.herein
and any prior negotiations.
, proposals or oral agreements are superseded by this Agreement.
Any amendment to this Agreement shall be in writing and approved by the City Council of
City and signed by City and Contractor.
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6.7 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
Ey
ayor City Oerk
Date 9/7/04
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By ��� - r'' �'��' -. Date_
Owner
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EXHIBIT "A"
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Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com
July 13, 2004 2A314161&Tjld'
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City of Redlands
ATTN: Rick Cross JUL 2004
P.O. Sox 3005 Received
ry
Redlands, CA 92373 Public Works ,� Department
RE: TREE MAINTENANCE & MANAGEMENT SERVICES }' '_0V6 Zf,Zg2��+0
Dear Mr. Cross,
West Coast Arborists, Inc. (WCA) appreciates the hard work that you and your staff have
provided during the past year to help make the Tree Maintenance Program a huge success
for the residents of Redlands. To promote stability, guarantee the residents with quality tree
care and customer service, and to offset the State's recent financial warning, municipalities
have entered into long-term contracts for various services, including tree maintenance. With
the current economic outlook, we would like to offer the City of Redlands an extension to
the current contract at this time. We would be glad to extend this contract for a term of
five (5) years, subject to City Council approval, at the current rate of compensation. At
the end of the five-year period, the contract may be extended on a year-to-year basis for an
additional five years. We understand that the City upon 30-days written notice may
terminate the agreement, without cause.
As part of a contract extension, WCA offers the following:
• At no cost, provide the City with the new on-line version of ArborAccess; a Street Tree
Inventory Program designed by WCA to better serve its customers. The new on-line
program is operational via the Internet, although stored on WCA's own server, saving
City computer memory for other programs.
• At a discounted rate of $1.50 per tree site (typically between $346 per tree site), WCA
will inventory each street tree site utilizing Global Positioning System (GPS.) Park trees
will be inventoried done at no additional cost with the exception of Prospect Park, which
will be charged $1.50 per tree site. Attached is a summary of GPS Tree Inventory
Services.
We appreciate your ongoing efforts to make this agreement a success for both the City and
WCA, and we look forward to continuing our business relationship. Should you have any
questions, or require additional information please do not hesitate to contact me at (800)
521-3714.
Sincerely,
Victor
Victor M. Gonzalez
Director of Marketing
eno FIT4
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com
GPS Tree Inventory Services
GPS Tree Inventory: $1.50 per tree site (including vacant sites)
Cost will include the following:
• Have one of our ISA Certified Arborist collect tree attributes and provide an
evaluation of trees.
• Provide the City with recommendations for maintenance, and/or recommended
removals.
• Inventory each tree site along City Right-of-Way and each Park tree (performed at no
cost with the exception of Prospect Park.)
• Attributes to be collected by field personnel include Location, Species, DBH, Crown,
Height, and recommended maintenance (Removal, trim, etc.).
• Provide the City with Global Positioning System (GPS) coordinates for each City tree
inventoried. The information contained in ArborAccess can be linked directly to a
Geographical Information System (GIS) program, such as ArcView. Using a handheld
computer and a backpack CPS receiver, the inventory collector will identify the trees
by their global coordinates of longitude and latitude, within one meter.
• By collecting the data using the GPS system, the City can consolidate the tree data
with other various GPS coded programs in the City.
• Provide the City with an inventory, both on hardcopy and on-line for City use.
• Provide the City with various tree-reporting capability to accommodate the City's
needs.
• Provide a complete tree inventory using ArborAccess On-Line, a software program
developed by WCA, Inc.
This program has the following benefits:
o Same color scheme as found on your City's official website
a Access program via the Internet
o Utilize basic Internet functions and commands to operate system
o Because the program is stored on our own server, the City does not require
additional computer hardware, software, memory, etc.
o Faster response to different queries, reporting capabilities, etc.
o On-line customer support site is easy to use and catered to the needs to the
personal or end user who is looking for basic support information
o Automatic updating of work histories (no more need for diskettes)
o Automatic updating of software program
o Unlimited software support while under contract for tree maintenance
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com
Budget Projection for GPS Tree Inventory
City of Redlands
City Districts/Zones Eleven (11)
Districts/Zones already inventoried One (1)
Approximate trees inventoried 5,000
Remaining Districts/Zones to be inventoried Ten (10)
Average # of tree sites per District/Zone 6,000 (including vacant sites)
Approximate total # of tree sites (excluding Parks) 60,000
Within 5-year Tree Maintenance Program Inventory 12,000 tree sites per year
GPS Tree Inventory $1.50 per tree site (including
vacant sites)
Annual cost to GPS Inventory 12,000 tree sites $18,000
West Coast Arborists, Inc. proposes to complete a GPS Inventory of the entire City's
urban forest, including vacant sites, within the first of a multi-year contract for tree
maintenance services. The City may defer payment for the inventory over the course of
five (5)years.
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No.101.305-08-04-04
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 in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By.securing from the Director of Industrial Relations,a certificate of consent to self=
insure,either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due
to his or her employees.
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 of this contract. (Labor Code §1861).
7 -43 - o c-�
Date
_Vide-�C` �f-o Q,s P oio
Name of Contractor
By:
Signature of Authorized Agent
A Mto0jg
Signatory's Title
* 3 (-(r, -76Y
Contractor's License No.
07/23/2004 08:21 17149911027 WCA PAGE 03
This certificate is"CICUIC41 h o Laio'l,e Muwai lnwrxwe pXh ir4tuurtre i—drorded by dvom ci MAM<Q
Certificate of Iatsurance
This ficalt is booed"a Matw ofijamld..n v*and confers W 60%umn y—the cmtificatc holder Phis etrtiFaft is ttos an iasurx"policy acrd dm M sone A extend or al-the
attortled the ides fixed below,
This is to certify that(Nante and address of Insured)
WES I'COAST ARBURISTS,t.NC
2200 EAST VIA BURTON Liberty
ANA14F,IM,CA 92806
Mutual.
is,st dte issue dose of this eettitkata insured by the Company under the—poi A,.$)listed-below.ThtF=—nrAc&ffadW by the listed polsoXics)is subi-I to all their la"M exclunces and canditiew and
is not sketed arentcttt term or i of 'thff�——11h ftenct to which iswti
or rtefta to which fcakemwo—a—w—
Expiration Type EX irationDate s Pott Number(&) Limits of Liability
Continuous" Coverage afforded under WC low of Employers Liability
Extended the followleg stem: Bodily Injury By Accident
Policy Term Each Accident
Bodily injury By Disease
Policy Limit
Workers Compensation Bodily Injury By Disease
condition
Each Person
04/01/2005 T!32.161-039499-014 General Aggregate-Other than Prod/Completed Operations
General Liability S2,000,000
Products/Completed Operations Aggregate
:C1:—i,=s Made $2,000,000
X Occurrence Bodily Injury and Property Damage Liability Per
S1,()00,000 Occurrence
Retro�Date Personal and Advertising Injury Per Person/�
$1,000,000 Orfmalization
Other Liability -TOther Liability
$100,000Fixe legalLi ility 1$5,000 Med!LaX
04/01/2005 AS7-161-039499.034 Each Accident-Single Limit-B.1.and P.D.Combined
Automobile Liability $1,000,000
Each Person
X Ovmed
X Non-Owned Each Accident or Occurrence
Hired
Each Accident or Occurrence
Equipment floater 101/2005 YM2-161-039499-054
-Package Property 04/0112005 YY2.161-039499-024
* THE INSUREDS WORKERS COMPENSATION POLICY Is NOT WITH LIBERTY MUTUAL—Additional Insured!City of Redlands,on the General Liability policy
* listed above(per attached CG 20101001 endorsement}.
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Office* PLEASANTON,CA Fbovw, 800-343-1534
Certificate Holder; Shirley Viduys Lk#0786579
Attn: Public Works Department AuthotlztdRepresentative
City of Redlands
PO Box 3005
Redlands, CA 92373
Dvelssued! 04101/2004 rr*pared9y.* MW
U1/Z,J/:1UfJ4 08:21 17149911027 WCA PAGE 02
CSR NU
A-CORD. CERTIFICATE OF LIABILITY INSURANCENESTC-1 03 31 04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
OgilvY-Mill Insurance HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P- 0. Box 929 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Santa Barbara CA 93102
'10: 805-966-4101 FaLx:805-966-7810 INSURERS AFFORDING COVERAGE
INSURER A: RuL.&CA American ImmarSA00 Co.
INSURER 0:
West Coast Arborints, InC.
Pat mahof:yINSURER C:
2200 Z 'V b urton INSURER 0:
Anaheim CA 92806-1221
INSURERE
COVERAGES
THE POLICIES OF INSURANCE LISTED OW HAVE BEEN ISWEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDitATE0,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED By THP POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR rm OF mammoc POLICY Nuke" 70A�TJEUT � PWCY LIMTS
GENERAL LIABILITY EACH OCCURRENCE $
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CLAIMS MADE F--1OCCURMED EXP(My one pw=n) a
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GENERAL A0GRIEGATE S
C"L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO S
POLICY 7 2FT Lm
AUTOMOMA LLAsam
COMBINED SINGLE LIMIT
ANY AM ("Oodde"t) S
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per P—) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Perawdent)
PROPERTY DAMAGE
(Per 60ddent)
LIAORM AUTO ONLY-EA ACCIDENT
ANV AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
00CESSILIMBRELLALIAIRLITY EACH OCCURRENCE
7 OCCUR F7 CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION S
WC STATG�
WORKERS compgmsAIMON AND x I TORY LIMITS 'rlp"
fimPLOYM LIABILITY
A ==wg�ARa%2pECUTjvR WC3433833-01 04/01/04 04 01105 E.L.EACH ACCIDENT $1000000
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IMdesanbe under EL DISEASE CA EMPLOYIEq S 1 0 0 0 0 0
IAL PROVISION$Wnw E.L.DISEASE POLICY LIMIT I S 10 0 0 0 0 0
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I WOLU—S"S ADDED By ENDORSEMENT I Spg*AA.p*OVUIXM
All Operations - All Locations.
CERTIFICATE HOLDER CANCELLATION
RIID3005 SHOULD ANY OF THE ANNE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Redlands DAM THEREOF,THE ISP NG INSURER WILL ENDEAVOR To MAIL DAYS WRITTEN
Public Work Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT r-AmuRgro DO so smALL
P.O.Box 3005 WPM NO ONJOATION OR LIABILITY OF ANY KING UPON THE INSURIBIL ITS AGENTS OR
Redlands CA 92373 REPIMS11INTATIM.
AC6if)26(200I/08) 0 AC )RD CORPORATION 1988