HomeMy WebLinkAboutContracts & Agreements_39-2024AGREEMENT TO PERFORMNON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of city tree trimming and arboriculture services
("Agreement") is made and entered in this 20th day of February, 2024 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and West Coast Arborists, Inc. a
California corporation ("Contractor"). City and Contractor are sometimes individually referred to
herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises
contained herein, City and Contractor agree as follows:
1.1
ARTICLE 1— ENGAGEMENT OF CONTRACTOR
City hereby engages Contractor to perform tree trimming, removing, planting, special tree
projects and consulting services for City (the "Services"). The Services that Contractor
shall perform are more particularly described in Exhibit "A," titled "Scope of Services,"
which is attached hereto and incorporated herein by this reference.
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 — RESPONSIBILITIES OF CONTRACTOR
2.1 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 Services
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.
2.2 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.
2.3 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.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
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1776 regarding payroll records maintenance, certifications, retention and inspection.
2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.6 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.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign
to City all rights, title and interest in and to all causes of action it may have under section
4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2
(commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably
assist Contractor in performing the Services.
3.2 City designates Tabitha Crocker, Department 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 The Services shall commence as of the Effective Date of this Agreement. Contractor shall
perform and complete the Services in a prompt and diligent manner in accordance with
the schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by
this reference.
4.2 The term of this Agreement shall be for a period of one (3) years from the Effective Date
of this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"),
on the same terms and conditions, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Tenn. The Initial
Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of
this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B,"
which is attached hereto and incorporated herein by this reference, in an amount equal to
one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to
this Agreement.
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ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 Compensation:
The compensation for Contractor's performance of the Services shall not exceed the
amount of Three Million Six Hundred Thousand dollars ($3,600,000) for the Services
provided during the Initial Term. Should this Agreement be renewed, the compensation
for Contractor's performance for the Services shall not exceed the amount of One Million
Two Hundred Thousand dollars ($1,200,000) for the first Extended Term; and One
Million Two Hundred Thousand dollars ($1,200,000) for the second Extended Term,
bringing the total possible amount of compensation to a not -to -exceed amount of Six
Million dollars ($6,000,000). For the Initial Term and each Extended Term, City shall pay
Contractor on a time and materials basis up to the not to not -to -exceed amount in
accordance with the rates specified in Exhibit "C," titled "Price and Fee Bid," which is
attached hereto and incorporated herein by reference.
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. City 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 or electronic mail transmission (including
PDF), 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
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
Patrick Mahoney, President
West Coast Arborists, Inc.
21718 Walnut Ave
Grand Terrace, CA 92313
pmahoney@wcainc.com
(714) 991-1900
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ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage 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.
A. 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 Contractor is self -insured or exempt from the workers' compensation laws
of the State of California. Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount 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.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Contractor owned vehicles 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.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed
officials, employees, and agents from and against any and all claims, losses and 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, Contractor,
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.
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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.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) 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 (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (ii) 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, design calculations, drawings, specifications, reports,
estimates, 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.
8.5 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.
8.6 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.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction,
the same shall be deemed severable from the remainder of this Agreement and shall not
affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections
contained herein, unless to do so would deprive a Party of a material benefit of its bargain
under this Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY OF RE
By:
ddie Tejeda, Mayor
ATTEST:
e Donal . son, City Clerk
WEST COAST ARBORISTS, INC.
By:
Pa rick Mahoney, 'resident
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EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORK FOR TREE TRIMMIMG AND
ARBORICULTURE SERVICES
It shall be understood that the Contractor will be required to perform and
complete the proposed landscape and/or tree maintenance work in a
thorough and professional manner, and to provide labor, tools, equipment,
materials and supplies necessary to complete all the work in a timely manner
that will meet the City's requirements.
A. Annual Pruning Program
The Contractor shall assist the City with developing a recommended annual
pruning program including personnel and vehicles that would be required to
complete the project. Prior to beginning the work, the Contractor shall review
with the FCS Director or Superintendent the various methods, tools, and work
scheduling to be used on the project. Depending on the City's current and
future pruning needs, the recommended pruning schedule may require
multiple crews to perform concurrently within the same time constraints.
Prior to beginning the work, the Contractor shall review with the
Director or Superintendent, various methods, tools, and work
scheduling to be used for the project.
Contractor shall perform an inventory and provide an update, using
GPS coordinates, on all tree sites within The City of Redlands' right
of way, easements, facilities and properties.
Pruning will include structural pruning, clearance trimming, crown reduction,
and crown cleaning in accordance with the standards set forth by the
International Society of Arboriculture Pruning Standards (Best Management
Practices) and the ANSI A300 Standards. Special projects that are difficult to
access require the need for specialty equipment (i.e., 95-foot tower), service
request pruning, or pruning to reduce and/or pruning to restore would fall
under Crew Rental.
(a) Contractor shall comply with Standards of CAL OSHA and the American
National Standard Institute, Z133 Safety Requirements.
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(b) Daily tree pruning operations shall commence no earlier than 7:00 A.M. and
shall be completed each day, no later than 5:00 P.M. unless otherwise
permitted by FCS Director or Superintendent
(c) Contractor shall notify the resident no less than twenty-four (24) hours in
advance by means of posted signage on affected tree(s) of scheduled pruning.
Signage shall include tentative dates.
(d) Contractor shall provide and post "No Parking" signs twenty-four (24) hours
in advance of the work, where parked cars will conflict with tree work.
(e) Contractor shall endeavor to maintain good public relations at all times. The
work shall be conducted in a manner which will cause the least possible
interference and annoyance to the public. Work shall be performed by
competent employees and supervised by an experienced supervisor that can
effectively and clearly communicate with the public and City Staff. The
Contractor shall be responsible to see that private property and vehicles at
work locations are protected from damaged during the course of work.
(f)
(9)
Contractor shall exercise precautions as necessary when working adjacent
to aerial and subterranean utilities. In the event that aerial utility wires
present a hazard to the Contractor's personnel or others near the work site,
work is to immediately cease, and the appropriate utility company
notified. Work shall then commence in accordance with instructions from
the utility company. In the event that work causes excavation, the
contractor is responsible for properly marking the location, per City staff
instruction, and notifying Underground Service Alert (USA).
No hooks, gaffs, spurs, or climbers will be used for anything other than
removals unless otherwise permitted by FCS Director or Superintendent
(h) Final pruning cuts shall be made without leaving stubs. Cuts shall be
made in a manner to promote fast callous growth.
(i)
When pruning fungus, disease or fire blight infected limbs or fronds, all
pruning tools shall be cleaned after each cut with a ten (10) percent chlorine
bleach solution and between trees where there is danger of transmitting the
disease on tools. Fresh solution shall be mixed daily.
(j) Topping shall not be performed unless otherwise permitted by
FCS Director or Superintendent.
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(k) The specific techniques employed shall be consistent with industry practice
for the size and species of tree being trimmed All dead, broken, damaged,
diseased or insect infested limbs shall be removed at the trunk or main branch.
All cuts shall be made sufficiently close, '/2 inch, to the parent stem so that
healing can readily start under normal conditions. All limbs 2" or greater shall
be undercut to prevent splitting. The remaining limbs and branches shall not
be split or broken at the cut. All crossed or rubbing limbs shall be removed
unless removal will result in large gaps in the general outline of the tree. Tree
foliage shall be reduced by at least fifteen (15%) percent but no more than
thirty (30%) percent.
Contractor shall trim to remove dead wood or weak, diseased, insect -
infested, broken, low, or crossing limbs. Branches with an extremely narrow
angle of attachment should normally be removed.
(I)
(m) Small limbs, including suckers and waterspouts, shall be cut close to the
trunk or branch from which they arise.
(n) Heading cuts and/or topping will not be permitted unless specific approval is
first granted by FCS Director or Superintendent. Heading, rounding over, or
stubbing shall not be an accepted practice for reducing the size or the
framework of any tree unless otherwise permitted by FCS Director or
Superintendent.
B. Traffic Clearance Pruning
Tree pruning for traffic clearances shall provide clearances of at least thirteen
(14') feet and no greater than sixteen feet (16') above finish grade for moving
vehicles within the traveled roadway. Clearance for pedestrians on sidewalks
shall be in accordance with standards set forth by the International Society of
Arboriculture Pruning Standards (Best Management Practices) and the ANSI
A300 Standards under "Pruning to Raise." Clearance trims are performed on a
grid system or on a street -by -street basis. Clearances for adjacent structures
and their connecting utilitylines (service drops), shall be determined by the
Operations Manager and conform to the following:
(a) The minimum clearance under trees within the street right-of-way shall be
thirteen (14') feet over the traveled road and gutter pan, and nine feet (8')
over the sidewalk side of the tree. When pruning the bottom branches, care
shall be given to obtain a balanced appearance when viewed from across the
street immediately opposite thetree.
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(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
limb back to a lateral which is no less than 1/3 of the diameter of the portion
of the limb being removed.
(c)
When cutting back, avoid cutting back to water sprouts. Remove smaller
limbs and twigs in such a manner as to leave the foliage pattern evenly
distributed.
(d) Do not "lions tail" limb.
C. Line Clearance Pruning
During the course of this contract the Contractor may be required to perform
utility line clearance in conjunction with routine or non -routine pruning
activities. The Contractor shall be required to furnish all supervision, labor,
equipment and materials necessary to accomplish the work in accordance with
the contract. The Contractor has the responsibility for compliance with safety
and health standards of the California Occupational Safety and Health Act
(OSHA) and all applicable rules, regulations, and orders. The competency of
Contractor's personnel shall be maintained through regular training. All
persons performing tree work on City trees in or around primary electrical
lines shall be trained to do so in accordance with the "Electrical Safety Orders"
of the State of California.
D. Palm Tree Pruning
Palm tree pruning shall consist of the removal of loose dead fronds, fruit
clusters and other vegetation from the trunks of all palms listed in the Contract
Documents Special Provisions in a manner selected by the Contractor and
approved by the Director or Superintendent, and in accordance with the
following:
(a) The use of climbing spurs or spike shoes for the purpose of climbing palm
trees is prohibited, unless specifically approved by the Director or
Superintendent. The Contractor shall be required to use an aerial tower with
sufficient height to reach the crown for the purpose of pruning City palm
trees. Trimming of palm trees shall consist of removing all dead palm fronds
and hanging "skirt". Live fronds shall be removed to leave no less than a 60-
degree angle from trunk center to live frond crown.
(b) Palm Skinning (additional service & cost) - Dead fronds, and parts thereof,
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including stubs, can be removed along the entire length of the trunk of each
palm, leaving a clean unsheathed appearance slicked from the ground to
approximately twenty-four to thirty-six (24" — 36") inches from the base of
the green fronds at the top of the tree. The frond stubs (cut close to trunk) can
be left in place within a span of at least eighteen (18") inches but no greater
than thirty-six (36") inches.
E. Tree Removal
City staff will notify contractor in writing or work order of tree(s) to be
removed by way of tree ID number and/or a single white paint dot on the trunk
of tree(s) to be removed. Contractor will post "No Parking" signage, will
contact Underground Service Alert (USA) and prepares an internal work
order. Contract crew removes trees and hauls all debris. Crew grinds stumps
to a depth of eighteen (18") inches or until sufficient to ensure root ball is
removed and all deep roots are no longer encountered. All holes will be
backfilled; as well as all debris cleaned up and hauled away. Contractor must
take measures to protect all public and private property within the fall out zone
when stump grinder machinery is utilized. Special projects that are difficult to
access with equipment or require the need for a crane or an aerial tower over
seventy-five (75') feet would fall under Crew Rental rates. The Director or
Superintendent shall make the final determination to remove or provide public
noticing for removal at a later date. Removals shall be conducted in a manner
that is in accordance with the standards of the arboriculturalprofession.
All wood from removed trees is the property of the contractor and shall be
disposed of daily. No wood shall be left along public right-of-way unless
approved by the Director or Superintendent. All tree parts are to be loaded
into transport vehicles or containers. The vehicles or containers must have the
front, sides and rear solid and the top shall be trapped, or otherwise tightly
enclosed. The transporting of tree parts must be made so that no debris escapes
during the transport. Branches, suckers, bark and .other tree parts that are
chipped are to be covered while transported and hauled to the disposal site
during the workday.
The Contractor shall be responsible for marking trees, and affected
surrounding area, so that they are easily identifiable by Underground Service
Alert. The Contractor shall be required to call Underground Alert at least 2
days before stumps are to be ground out. All tree stumps must be removed to
at least 18 inches below the lowest soil level adjacent to the stump, or until
root ball is removed and all deep roots are no longer encountered. The
Contractor shall grind the stump to a minimum distance of one and a half
(11/2') feet on either side of the outer circumference of the stump, or until
surface roots are no longer encountered.
In public right of way (parkway) areas within the vicinity of public
sidewalk/walking paths, stumps shall be cut as close as possible to
surrounding ground elevation. This may be accomplished by cutting the stump
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at the time of grinding, or at the time of tree removal except for infrastructure
conflicts. Holes created by stump and root grinding must be filled the same
day. The stump grinding chips and spoils may be used to fill the hole to two
(2") inches above abutting ground level. All excess grinding debris shall be
removed and loaded into transport vehicle for disposal. Any damage to
concrete surfaces, as a result of tree work, shall be restored to their original
condition by contractor.
F. Tree Planting
Planting includes the tree(s), lodge poles, ties, trunk guard and complete
installation as well as watering for ninety (90) calendar days. Contractor will
guarantee the quality of the tree stock and the workmanship for one (1) year
from install date.
(a) Contractor shall provide all equipment, labor and materials necessary for the
planting of trees throughout the City in accordance with the specifications
herein.
(b) The City will provide a list/map of planting locations. Contractor shall be
responsible for marking locations and notifying Underground Service Alert
(USA) prior to planting. Trees shall be planted per the City's standard
spacing of forty feet (40') from center of trunk to center of trunk; twenty feet
(20') from any intersection Stop signs and underground utilities; ten feet
(10') from any driveway approach. Any deviation of this must be cleared by
FCS Director or Superintendent.
(c) Planting pit shall be dug two times the width and the same depth of the root
ball/container. Before placing the tree in the planting pit the Contractor shall
examine root ball for any pre-existing damage or problems with roots and
tree canopy for broken branches. Damaged roots should be cleanly cut off at
a point just in front of the break. Broken branches should be cut out of the
canopy making sure that the branch collar is not damaged.
(d) Tree shall be placed in the planting pit with its original growing level (the
truck flare) at the same height of the surrounding finish grade. In grass -
covered parkways, the top of the root ball shall be level or slightly higher
than the surrounding soil. In a concrete tree well, the root ball shall be three
(3") inches below the level of the finished surface of the concrete.
(e) Baekfill material should be native soil. Eliminate all air pockets while
backfilling the planting pit by watering the soil as it's put into the hole.
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(f)
(g)
Trees that are planted in parkways shall have a 4"-6" high water retention
basin built around the tree capable of holding at least ten against the edge of
the concrete to create a sloping basin. Immediately after planting, the tree
shall be watered thoroughly by filling the water retention basin twice.
All trees shall be staked with two wooded lodge poles and two ties per pole.
Minimum size of lodge poles shall be ten (10') feet long, with a one and a
half (1'/2") inch diameter. Tree ties shall be placed at one third (1/3) and two-
thirds (2/3) of the trunk height and installed in a figure 8 pattern form trunk
to stake. Stakes shall not penetrate the root ball
and shall be driven into the ground approximately twenty-four to
thirty (24"-30") inches below grade.
(h) Trunk protectors such as Arbor -Guards or an approved equal shall be placed
at the base of the trunk of all new trees immediately after planting.
(i)
In some cases, root barriers may be required. The City will make this
determination. Should a root barrier be required, the Contractor will install a
mechanical barrier that redirects root growth downward, eliminating the
surface rooting that damages expensive hardscapes and creates a hazard. The
barrier shall be twelve (12") inches in depth and at a length determined by the
City and placed in a circular fashion surrounding the trees' root system. Root
barriers are an additional service and cost.
(j) Contractor shall clean up all trash and any soil or dirt spilled on any paved
surface at the end of each planting location and episode.
(k) All trees shall be of good nursery stock that adheres to the American Standard
for Nursery Stock as described in the ANSI Z-60.1 Standards. Trees shall be
free from pests, disease, and structural defects.
G. Crew Rental
The standard crew is three men, one chipper truck, one chipper, one aerial
tower and all necessary hand tools. The crew and equipment can be modified
to complete any type of miscellaneous tasks including special projects. Trees
requiring service prior to their regularly scheduled grid or annual trim to rectify
a specific problem such as blocked street lighting or signs, right-of-way
clearance for utility lines, or broken limbs may be performed under the Crew
Rental rate.
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H. Emergency Response
The Contractor shall be required to provide emergency on call response for
damaged trees as a result of storms or other reasons. Emergency calls may
occur at any given time. The Contractor will be provided with locations and
the work to be done at each location via telephone from FCS Director,
Superintendent or authorized representative. Emergency work shall begin
within two (2) hours of the initial telephone call.
The Contractor shall be required to provide a twenty-four (24) hour
emergency phone number or the names of at least ten (10) contact individuals
upon award of contract. Should the contact persons or their phone numbers
change during the course of the contract, those changes shall be submitted to
the City within two (2) working days.
The Contractor shall be required to provide all necessary traffic control during
the course of emergency work complying with the most recent version of the
MUTCD manual. Should the work involve any high voltage power lines or
any utility lines the Contractor shall be required to notify the responsible
utility company.
Work performed under the emergency provision of this contract shall be paid
for on a crew hour basis. This shall include all labor, tools equipment, disposal
fees and necessary materials.
I. Tree Watering
Watering is performed by a one-man crew with a water truck who will
water various routes including landscape median and young trees that
are three (3) years old and younger.
J. Small Tree Care
The City requires an active approach to the care of its young and newly planted
trees. The Contractor shall be required to perform basic maintenance that will
include, but not be limited to, tree well adjustments and watering, removal of
weeds from tree wells, structural pruning, and re- staking when necessary.
K. Arborist Services
On occasion, the City requires tree evaluations including written reports from
an outside Certified Arborist. The vendor shall provide an hourly rate for an
Arborist that can respond to the City's request(s) for the preparation of detailed
arborist reports, tree evaluations and site inspections. Reporting can be
generated on as little as one tree to an entire urban forest population and is
handled on a case -by -case basis.
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L. Tree Inventory
The Contractor will provide the City access to a record keeping system
consisting of an Internet- based software program. The program shall have the
capability to produce detailed listings of tree and site information, work
histories, service requests, summary reports and pictures of City tree species.
The Contractor shall provide software support to the City for the entire term
of the contract.
The Contractor shall provide the City with recommendations for tree
maintenance, recommended planting locations, and recommended removals.
Attributes to be collected by field personnel may include Address, Street,
Facility, Species, Diameter, Crown, Height, recommended maintenance,
overhead utilities and parkway size and type.
M. Traffic Control
Contractor shall conform to all City Traffic Safety as well as the most current
edition of the MUTCD Manual requirements and operating rules at all times
while this contract is in effect. The Contractor shall employee staff certified
as Traffic Control Design Specialist and Traffic Control Technicians in
accordance with the American Traffic Safety Services Association(ATSSA).
Contractor will be 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.
Electronic sign boards, sign stands, delineators and/or cones shall be used to
identify worksites for vehicular and pedestrian safety. In the event of
nighttime work, lighted barricades and 26" double reflective cones will be
required on work site.
N. Public Notice of Tree Pruning Operations
Contractor shall be required to notify residents and/or businesses of scheduled
tree pruning operations at least twenty- four (24) hours prior to the work being
performed. Notifications shall be made in the form of "No Parking" signs or
door hangers.
O. Clean -Up
Contractor shall clean all job sites daily when work is completed, including
the raking 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 and under no
circumstances shall any brush, leaves, debris, or equipment be left on the street
overnight, unless given special permission by FCS Director or Superintendent.
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Contractor's equipment may be stored overnight, with advance approval by
staff, in the City yards; however, the City will not be responsible for security
of Contractor's equipment.
Brush and debris shall be removed daily, sidewalks swept, lawns and
parkways raked out and gutters cleaned.
The Director or Superintendent or authorized representative shall be the sole
judge as to the adequacy of the clean-up.
P. 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. The City will
receive access to their Green Waste Recycling report detailing the amount of
debris recycled and the location. This report is 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 the
Director or Superintendent on a monthly basis.
(b) At the direction of the Director or Superintendent, 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.
Q. Parking
Upon request form Contractor, the City of Redlands will make every attempt
to identify a suitable space for parking of vehicles and equipment for the
purpose of this contract. The vendor will hold the City of Redlands harmless
and release the City of liability as a result of theft or vandalism. Should a site
not be available, then the vendor may park on City right-of-way near the
project area(s).
R. Invoices
Contractor shall be required to submit invoices on a monthly basis. Invoice
format shall include but not be limited to a list of each street that tree
maintenance operations took place, the address of each individual tree, the
species and its height and trunk diameter of each individual tree. Failure to
submit invoices in this format may result in non-payment until these
requirements are met.
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S. Inspections
The Director or Superintendent or designated representative shall, at all times,
have access to the work and shall be furnished with every reasonable facility
for ascertaining full knowledge respecting the progress, workmanship, and
character of materials and equipment used and employed in the work.
T. Inventory Contract Management & Data Collection
The Contractor will manage the entire inventory project and will not use
subcontractors. The project shall include field data collection, data entry,
supply of the computer software, and training of City employees on the use of
the system, future technical maintenance, and support and as an option,
conversion of the existing database. The Contractor, upon award of contract
should be prepared to perform the following:
• Obtain all required insurance as specified in theRFB.
•Obtain any and all Business Licenses and/orpermits.
• Execute a Contract for the Inventory of City trees.
a. Prior to Commencement of Work
i. Conduct a Pre job meeting with City staff to discuss the
City's criteria with regards to all tree attributes to be
collected, scheduling and location of fieldwork.
ii. The City has been divided into Tree Districts for more
efficient management of data collection. For the purpose of
completing the City's tree inventory, the City will try to
provide copies of the following:
1. City Maps with Street Tree Districts
2. Easement Maps including CFD and LMD areas
3. Grid Maps
4. Street Tree Master Plan with Tree Palette
5. Tree Ordinance
6. Additional information pertaining to City trees
7. Tree Maintenance Schedule
8. Information pertaining to City's GIS system
9. Street Listing on diskette in database or ASCI format
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iii. Attributes to be collected by field personnel may include, but is not limited to:
1. Tree Number/position
2. City Tree District
3. Park name
4. Facility name
5. Location by street address
6. Location by GPS
7. Species by botanical name & common name
8. Tree diameter at standard height (DSH)
9. Canopy spread
10. Overall tree height
11. Current status
12. Noticeable disease/ailment
13. Tree structure
14. Recommended Maintenance
15. Existing overhead Utilities
16. Parkway Size
17. Parkway Type
U. Tree Inventory Data Management
• Data will be post -processed to establish sub -meter accuracy of points (only if GPS).
• Tree inventory will be installed into a computer software program developed
by contractor for long -tern management of the Urban Forest. (Optional) The
inventory program will link with the City's ArcView system for GIS
capabilities.
• Provide the City with Global Positioning Satellite (GPS) coordinates for
each City tree inventoried. Using a handheld computer and a backpack
GPS 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 monthly progress reports in the form of SHP files (shape file). The
City will be able to review the data collected and the dots plotted on the
maps.
• The City expects the inventory to be completed, delivered, and installed
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within 3 months, or sooner, from the "Notice to Proceed." In order to
complete this project within 6 months.
V. Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and
disaster recovery procedures as may be requested by the City. The Contractor
shall provide complete support, rapidly, with experienced staff available to
the City during the hours of 8:00 A.M. to 5:00 P.M. Monday through Friday.
The Contractor shall be readily available by telephone, email or may respond
to the City's location within a timely manner.
MINIMUM REQUIREMENTS FOR TREE TRIMMIMG AND ARBORICULTURE
SERVICES
A. GPS Tree Inventory
The Contractor shall create a GPS tree inventory using the City's standardized
addressing system (trees will use the site address and shall utilize a numbering
system where multiple trees, located at the same address, will be numbered in
an ascending manner which corresponds with the ascending street addresses)
for all parks and open space areas. This includes, but is not limited to, all trees
within City of Redlands easement on public streets, parks, State property
where a maintenance agreement exists, City facilities and open spaces such as
medians, LMDs, CFDs, green belts, etc. The Contractor shall be required to
create an ESRI ArcView/ArcGIS compatible SHP file (shape file). The new
inventory shall be capable of showing the location of every existing tree site
and vacancies on the City's existing GIS base maps (streets, parcels, addresses,
ROW and hardscapes, etc.) Minimum accuracy shall be not more than one (1)
meter. The collected inventory shall be on software that is available for City
access on desktop/laptop computers. Bidder must supply an online database as
well as a mobile app available on either an Android or iPhone platform which
shall operate on a variety of applicable hand held devices.
The Contractor will manage the entire inventory project and will not use
subcontractors. The project shall include field data collection, data entry,
access to the computer software, and training of City employees on the use of
the system, future technical maintenance and support and as an option,
conversion of the existing database.
The Contractor shall provide routine maintenance, archive, backup, restore and
disaster recovery procedures as may be requested by the City. The Contractor
shall provide complete support with experienced staff available to the City
during the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. The
Contractor shall be readily available by telephone, email or may respond to the
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City's location within a timely manner.
B. Inventory Data Collection
• (Mandatory) Provide a comprehensive tree inventory of the current status of
all existing tree sites (e.g. vacant sites, stumps, new sites, etc.) by an ISA
Certified Tree Worker and provide a comprehensive tree data collection
report upon approval of agreement and Notice to Proceed (NTP).
• Attributes to be collected by field personnel include District (area number or
name), possibly a sub area, species identification, height, canopy spread,
DSH (diameter at standard height) and condition evaluation.
• Have an ISA Certified Worker of greater, perform tree data collection and
provide an extensive tree evaluation.
• Attributes to be collected by field personnel include Tree District (area
number or name), possibly a sub area, species identification, size (DSH) and
condition evaluation.
• Provide the City with Global Positioning System (GPS) coordinates for each
tree inventoried. The information collected can be linked directly to a
Geographical Information System (GIS) program, such as ArcView. Using a
handheld computer and a backpack GPS receiver, the inventory collector will
identify the trees by their global coordinates of longitude and latitude.
• By collecting the data using the GPS system, the City can consolidate the
tree data with other various GPS coded programs.
• At the end of the project, the City will receive a complete listing of all sites
inventoried, both in hard copy and in a software program, which will enable
the City to connect the inventory to the GIS program and create various
frequency reports.
• The collected inventory shall be on software that is available for City access
on desktop/laptop computers. Bidder must supply an online database as well
as a mobile app available on either an Android or iPhone platform which shall
operate on a variety of applicable handheld devicesC.
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C. Computer Software Capabilities
• Have software capable of producing reports that can be exported to Microsoft
Excel for graphic output for the purpose of displaying thedata.
• Capability of linking to ArcView GIS version 3.2 with automatic data export.
• The software can also link to separate databases containing work history,
work requests, etc.
• Bidder must supply an online database as well as a mobile app available on either
an Android or iPhone platform which shall operate on a variety of applicable hand
held devices.
• The database shall be capable of managing an unlimited number of records and have
the capacity of adding additional tree sites should The City desire to input them.
• It allows the tracking of all maintenance performed by City field crews
and/or by contractors.
• Inquiries can be made by one field or a combination of fields.
D. Mobile Software Application Capabilities
• The City is . asking for a field -based management of customer inventories and
associated work records that is supported by a wide variety of handheld devices.
• With this app, the customer (The City of Redlands) shall have the ability to access and
manipulate their entire GPS-based inventory in satellite, roadmap, and textual views
with great accuracy. Users shall be able to view site specific information and/or
detailed work history. Users shall also have the ability to create and send work requests
straight from the field.
• As work is completed both inventory and work history records are updated to this app
so information is live and up-to-date the moment a WiFi connection is available. City
employees with access will have the ability to update sites as well so that any work
performed by in house city crew(s) will be input into the site history as well.
Information that has already been downloaded to the device shall be available even
without internet connection.
E. Mobile Device Software requirements:
Android and iOS with Google Play
F. Recommended Hardware
Samsung Galaxy Tablet or iPad tablet
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EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and West Coast Arborists, Inc. (hereinafter designated as
"Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to tree trimming and
arboriculture services (the "Work"), which said agreement, dated February 20, 2024, and titled as "Agreement to Perform
Non -Professional Services for Improvement to Public Buildings and Grounds" is hereby referred to and made a part
hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the
Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which
reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of
California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and
all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement
and referred to in the aforesaid Code of Civil Procedure in the sum of Six Million Dollars ($6,000,000) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also
in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded
and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4
of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise
it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
, 2024
(SEAL) (SEAL)
(Contractor)
(Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgment of Telephone( )
Surety)
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EXHIBIT "C"
Price and Fee Bid
BID FORM
URBAN FOREST MAINTENANCE PROGRAM
NAME OF BIDDER: West Coast Arborists, Inc.
The undersigned Bidder herby declares that it has carefully examined the location of the proposed
Work, and has read and examined the Contract Documents, including specifications and all
addenda, if any, for the following Project:
URBAN FOREST MAINTENANCE PROGRAM; CS-23-02
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services,
and to discharge all duties and obligations necessary and required to perform and complete the
Project in strict compliance with the Contract Documents far the following AMOUNT:
BID SCHEDULE
Description
Unit Price
Tree Pruning
Per Unit
1.
2.
Grid Pruning - Cornplete Pruning
CrOvVil Cleaning
$90.00
3.
else
:1305--Viite:$14:1SPAFSBER-41-31
Crown Reduction
$350.00
5.
erVide: - agile
6.
Clearance Pruning , •
$90.00
7.
Newly Planted Tree (Young Tree Care)
Tree Removal
c
;omplete Tree and Stump Rernoval
';:',IftafgailaketaRig;
Jet dia. trunk inches
$/iri 49.00
d:
reeRernoval Only
Net dia. trunk inches
$/in 39.00
11.
Urn P ReITIOVa
1114:24.8:&k•10Agirg-31:00,V-.6W.,_
,E,A'04,2115.f:C.WitaMS-0
oot Pruning
Net dia trunk inches
•
WIN-100:91P
$/in 19.00
Per lineal foot
12.
Root Pruning
$35.00
13.
Additional
.. .:Rii.4i(PN61663:41:'067::-;:ilaggViai
Tree P anting
14.
15" gallon
Along sidevvalks and curbs
Per Uni
$220.00
15.
24
•
42(
16.
36" box
$1,100.00
18.
w/french drain
$300.00
Tree Watering
Per Hour
19.
Newly Planted Trees
$100.00
Emergency Response
Per Hour
20.
2 man crew week days between
7 am and 5 pm
$200.00
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I: \cmo\ Agreements\ West Coast Arborists, Inc. Agreement for Improvement to Public Grounds (Tree Maintenance) FY23-0026.docx-ms
21.
3 man crew week days between
7amand5pm
22.
23.
2 man crew evening/night/weekend hours
(travel time included)
3 man crew eyeriing/night/weekencl:hourS„'
(travel
time included)
$280.00
24.
Mulch
Delivery and Pick-ip
Per Ton
25.
Tree Crew Rental
Per Hour
Thari'crew
100.00 ,
26.
Consulting Arborist Services
Per Hour
Data Entry
Inventory•per tree
Per Record
$5.
28.
Inventory record input
$5.00
Inventory record :update
$5.
BID ALTERNATE #1
- ---. --
IiID.p!9
fkiKfli-&-Ax.t.,001
1,-cdopto*71700:7,Invotto
...
Update
,-,
.r.,..„,$1?500000
,-
.„:
1. ,,--
,,,,,,,,, -=
;
:::„',-,f, ,
...•
,
Bidders must provide price for every item.
If the Contract Documents specify alternate bid items, the following Alternate Bid amount shall be
added to the Total Base Bid Price, at the City's sole option. The Mt can choose to include one
or more of the Alternate Bid items in the Work. If any of the Alternate Bid items are selected by
the City, the corresponding amount shall be added to or deducted from the Total Base Bid Price
for the Work. City can award/select Alternate Bid items at any time.
The basis of award will be on a 'Best Value' evaluation based on the criteria mentioned in this
bid document. The submitted bid will be used to help evaluate the cost of the urban forest
maintenance program.
COOPERATIVE PURCHASING
It is intended that other public agencies (i.e., city, county, school district, special district, public authority, public
agency, and other political sub -division of the State of California) and/or other City departments shall have the
option to participate in any agreement created because of this Request for Proposal with the same terms and
conditions as to the price of the product and/or service. The City shall Incur no financial responsibility in
connection with a purchase order from another public agency. Any public agency that 'p1g.g.0.2aolke on any
negotiated contract between the City and Contractor shall accept sole responsibility for negotiating, placing
orders, and making payment to Contractor. The Contractor may or may not agree to the cooperative purchasing
clause. It is understood that not all terms, conditions, or scope of work from one agency contract for tree
maintenance may not be fully acceptable to another agency. Agencies may modify specific items for the
purpose of making the agreement acceptable and agreeable.
Pap .14 of 67
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NPS-2.2 (2/22)
EXHIBIT "D"
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 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.
CHECK ONE
X 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 COAST ARBORISTS, INC.
By:
Pat
ick Mahoney, P. esident
26
Date: 02/15/24