HomeMy WebLinkAbout2018-08-28 - AGENDA REPORTS - AWARD CONTR TO WEST COAST ARBORISTS (2)Agenda Item: 7
DATE: August 28, 2018
SUBJECT: AWARD CONTRACT TO WEST COAST ARBORISTS, INC., FOR
TREE MAINTENANCE SERVICES
DEPARTMENT: Neighborhood Services
PRESENTER: Kevin Tonoian
RECOMMENDED ACTION
City Council:
Award a two-year contract to West Coast Arborists, Inc. (WCA), to provide contractual tree
maintenance services, for a total two-year amount not to exceed $4,912,612, plus up to three
additional one-year renewal options beginning in year three, not to exceed the annual amount
of $2,456,306, plus Consumer Price Index (CPI), upon request of the contractor.
2. Appropriate an ongoing amount of $739,208 from the Landscape Maintenance District Fund
Balance (Fund 357) and Areawide District (Fund 367) to the expenditure accounts identified
in Attachment A. Increase Transfer -In revenue account 367-4711.100 and increase Transfer -
Out account 10019500-5501.367 by $286,618.
3. Authorize the City Manager, or designee, to execute all contracts and associated documents
subject to City Attorney approval; modify the award in the event impossibility of
performance may arise, contingent upon the appropriation of funds by the City Council in the
annual budget for such fiscal year; and execute up to three additional one-year renewal
options beginning in year three, not to exceed the annual contract amount of $2,456,306, plus
the appropriate CPI adjustment.
BACKGROUND
The City of Santa Clarita (City) performs proactive routine maintenance to an urban forest
encompassing approximately 115,000 trees, with half of these trees funded by Landscape
Maintenance Districts (LMD) and the other half funded by the General Fund. Proactive
maintenance improves the overall health and vitality of these trees while mitigating potential
Page 1
large branch or complete tree failure due to factors such as age, drought, or significant wind
events.
In October 2017, the City's incumbent tree contractor, Stay Green, Inc., declined to execute the
first year renewal option on their 2016 agreement. To maintain tree operations while staff
prepared new proposal specifications, staff utilized the authority granted by the City Council to
the City Manager to make a substitute award due to the event of a performance impossibility.
WCA was selected.
Staff recommends awarding a contract to West Coast Arborists, Inc. (WCA), in the annual
amount of $2,456,306, to manage the City's tree maintenance activities utilizing a cooperative
agreement. WCA currently serves as the City's interim tree contractor and provides similar
services for more than 250 cities throughout California and Arizona and employs a staff of over
850 tree professionals.
Under the proposed agreement, WCA will proactively prune 17,550 trees annually, supporting a
7.25 -year pruning cycle for street trees and a 6 -year cycle for LMD trees. The recommended
contract value requested by staff will also authorize expenditure authority for WCA to support
the City's Annual Reforestation Program and "as needed" tree pruning or removal associated
with the City's Annual Concrete Rehabilitation Program.
In addition to scheduled Citywide pruning activities, WCA will manage Resident Service Center
requests generated by the community, assist in Citywide reforestation efforts, and provide "as
needed" support for emergencies and/or tree removals. WCA will also complete field inventory
work for all City -owned and/or maintained trees, and provide the organization with a web -based
system that tracks work orders, project budgets, and maintenance history for individual trees.
Urban Forestry's Fiscal Year 2018-19 base tree trimming budget is $1,442,101. The General
Fund contributes $739,360 to support maintenance activities for trees located in the public right-
of-way, while special assessment revenues fund tree work within the numerous LMD zones
managed by the City.
Changes in prevailing wages have dramatically altered the tree maintenance industry during the
past three years. Since 2015, labor costs have increased by 51 percent, disposal/recycling rates
for tree debris have increased by 120 percent, and liability costs have risen by 41 percent.
The information below illustrates how tree service increases have affected the City's Urban
Forestry operation.
Contract
Annual Tree
Proactive
Trees
Average
Tree
Year Base
Renewal
Maintenance
Pruning
Pruned
Cost/
Prune
Award
Option
Agreement
Expenditures
/Year
Tree
C cle
2013 3 Years
2 Years
$ 853,550
$ 772,800
23,000
$33.60
5.0
2016 1 Year
4 Years
$1,320,000
$1,056,000
19,200
$55.00
6.0
The recommendation to utilize Agoura Hills' cooperative agreement follows staff's initial efforts
to secure pricing through a competitive solicitation. The City received proposals from three
Page 2
companies. Based on submitted pricing (see table below), staff elected to research the
availability of competitively awarded cooperative agreements for tree maintenance services.
Vendor Location
Proposal Amount
West Coast Arborists, Inc. Anaheim, CA
$3,872,275
Stay Green, Inc. Santa Clarita, CA
$4,062,075
International Environmental Corporation Santa Clarita, CA
$7,795,080
Staff recommends the use of a cooperative agreement awarded by the City of Agoura Hills in
2016 that includes language allowing cooperative purchasing based on the terms of their
agreement. Agoura Hills' agreement incorporates a flat pruning rate of $79 per tree, regardless of
size, and represents the best overall value for our organization.
In reviewing tree service contracts maintained by several of our benchmark cities, staff believes
the cooperative agreement pricing is competitive with the pricing experience of other cities. The
City of Simi Valley awarded a tree maintenance contract in 2014, with an average price point of
$114 per tree, while the City of Glendale maintains a contract awarded in 2015, with an average
cost of $149 per tree. In 2016, the cities of Oxnard and Huntington Beach utilized an interagency
agreement, allowing them to piggyback onto the City of Glendale's 2015 contract with WCA for
tree maintenance services.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Upon approval of the recommended action, Fiscal Year 2018-19 budget for Urban Forestry will
be adjusted accordingly. Funds for future fiscal years are contingent upon the approval of the
annual budget process.
ATTACHMENTS
Attachment A
City of Agoura Hills Cooperative Agreement (available in the City Clerk's Reading File)
Page 3
N
bb
0
al �
E m
E 3
O
U z
w
C
O
c o In
0 L co
CL "W
a O C
O CL _
CL
a
ill
SO
V I CG
U
O
3
O
U
U
al
(PJBMV JOe.qu03 aoueuajuiew aa.11) d Juauau3ejjd :juauau3ejjd
M
00
I-
A�
W
00
Ln
M
I-
00
W
Ln
E
Rt
00
00
Rt
00
Z
W
00
I-
w
N
c0
I�
n
Rt
M
O
w
�
I�
a
w
m
O
O
m
s=
m
r -I
O
I"
n
N
IL
LO
r -I
Rt
01
r -I
01
O
N
01
Ln
N
L
Rt
LO
I�
Ln
O
Rt
M
O
Rt
W
r -I
3
I�
O
m
Rt
x
LO
Rt
r -I
L
0)
i
Q
Ln
a
+
Ql
a)
M
V-1
O
M
M
r -I
0
06
N
Lc1
r -I
-
r -I
M
Q1
J
LL
N
(PJBMV JOe.qu03 aoueuajuiew aa.11) d Juauau3ejjd :juauau3ejjd
M
00
I-
Ln
00
Ln
M
I-
00
W
Ln
N
Rt
00
00
Rt
00
O
Ln
00
I-
w
N
m
I�
n
Rt
M
O
w
N
I�
w
w
m
O
O
m
Rt
m
r -I
N
I"
n
O
Ln
LO
r -I
Rt
01
r -I
01
O
N
01
Ln
N
00
Rt
LO
I�
Ln
O
Rt
M
O
Rt
W
r -I
00
I�
O
01
Rt
n
LO
Rt
r -I
Ln
0)
0)
01
Ln
M
ri
-
N
M
N
LO
M
M
r -I
r%
LO
Q1
Lc1
r -I
-
r -I
M
Q1
M
LO
N
r%
00
M
Q1
LO
r%
00
r -I
Rt
r -I
M
r -I
r -I
N
r -I
r -I
ri
il-
vi.
vi.
v�
v�
v�
v�
v�
v�
v�
v�
v�
v�
v�
v�
v�
v�
v�
vn
vn
vn
vn
vn
vn
vn
vn
vn
v�.
00
I-
Ln
n
Ln
Ln
-e
M
M
O
N
n
M
w
N
O
I,
N
N
00
I,
ri
ri
m
I,
n
00
Ln
r -I
Ln
I-
M
N
w
M
O
O
00
O
r -I
N
m
-e
00
N
ri
w
P
m
I-
n
N
w
00
m
-e
ri
N
M
-e
00
ri
Ln
O
00
Ln
00
O
00
Ln
I-
r -I
ri
00
00
O
w
-e
m
w
ri
ri
M
ri
Q1
LA
LA
N
N
LA
M
ri
I�
n
LO
LA
N
ri
N
Ln
ri
N
00
M
O
m
Ln
w
M
Ln
r -I
N
w
-e
r -I
00
M
O
O
Ln
ri
O
00
w
00
00
ri
Ln
M-4
O
Ln
O
O
r -I
-4
n
m
M
M
m
00
M
O
O
Ln
F4
-e
n
-e
-e
Ql
O
O
-e
r -I
M
M
I�
m
m
M
N
m
00
O
M
Q1
Ln
M
O
O
Ln
N
M
w
Q1
N
-e
Ln
I�
ri
ri
Q1
ri
N
N
ri
N
N
O
M
M
ri
M
ri
-
O
111
N
Q1
r%
A
N
N
LA
N
ri
ri
ri
ri
ri
ri
ri
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
t/f•
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
0000000000000000000000000000
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
LC
LC
LC
LC
LC
LC
LC
LC
LC
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
ri
r -I
r -I
ri
ri
ri
ri
r -I
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
M
Ln
w
I,
00
Q1
O
M
-e
Ln
00
m
O
-e
Ln
I,
m
O
ri
Ln
w
I,
ri
N
M
-e
Ln
w
N
N
N
N
N
N
M
M
M
M
M
M
-q
-q
-e
-q
-q
Ln
Ln
w
w
w
0
0
0
0
0
0
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ca
J
f0
0
00
al
%
•0
al
�
O
Ln
_
al
N
00
al
s00
U
O.
�
in
•�
N
U
0�C
0in
al
0
=a
al
0
O
IS
O
0
y
N
cC
U
3
0
'0
0
O-
i
M
O
ca
0C
I=u
O
(j
0
O
>
++
c0
H
0
>
M
c0
i
ca
awl
awl
....
a
0
0C
al
--
++
0
0
O
al
v
2
U
-0
al0
>
>2
a
+'
0=
++
0
H>
3
V
0
0
0
cC
0
0
i
V
V
V
V
i
d
t�if
Y
y
i
cr
0
00
al
al
Z
+y+
47
t
C
Y
V
O
0
0
0
0
�
i
a7
0
0
i
Y
>
U
3
3
C
i
-
O
C7
*(A
>
3
cC
u
a
12
O
m
O
i
O
C7
O
C7
=
ca
al
u
a7
Z
>
a7
ii
O
N
U
U
>
H
ca
U
U
a
Li
>
I >
I >
I >
ri
M
't
Lc1
LO
I,
00
Ln
LO
^
00
01
O
00
m
O
ri
ri
N
M
-e
Ln
W
ri
ri
ri
ri
ri
N
N
N
N
N
N
N
N
M
M
H
H
H
H
H
H
N
bb
0
Gl �
E m
E 3
o
U z
w
C
O
b (YO W
O C (0
r_ O C
O CL —
a
a
U
al
U
(PJBMV Joe.quoo aoueuajuiew aa.il) d Juauauoejjd :Iuewgoelld
w
w
N
M
N
I�
Ln
Ln
-e
N
00
N
N
ri
-q
00
m
N
-e
m
r -I
r -I
w
O
M
r -I
w
Ln
-4
M
O
00
m
ri
00
O
M
M
-e
N
O
O
m
Ln
I,
n
n
w
ri
m
LA
w
Ln
O
O
I,
O
00
-e
N
00
O
I,
-4
N
M
n
O
M
M
O
Rt
Lr1
O
N
I�e
I�i
I�i
00
Q1
Q1
Lr1
Q1
O
00
r%
00
N
N
00
O
Lr1
LO
e
M
Rt
00
N
ri
Ln
Q1
M
N
r -I
N
r -I
r -I
r -I
M
r -I
M
v�
v�
v�
v�.
vn
VIN I
00
ri
O
M
ri
M
ri
ri
M
M
ri
I�
ri
00
N
LO
O
r -I
r -I
M
N
r -I
M
r -I
I-
M
w
I-
w
I-
n
O
n
M
M
O
O
w
I-
n
M
ri
M
00
ri
00
O
'
w
00
M
-e
Ln
I,
w
O
'
'
I-
r -I
M
M
00
00
O
w
r%
ri
ri
ri
O
M
r%
N
N
e
N
00
ri
111
ri
M
LO
r%
n
N
ri
N
ri
Ln
M
ri
ri
ri
Ln
M
00
Ln
N
O
r -I
I�
n
-e
M
M
Ln
ri
Ln
'
-e
00
r -I
O
00
Q1
O
O
I�
r -I
00
Ln
00
Ln
M
M
ri
M
M
r -I
O
Ln
N
I-
O
00
Q1
O
O
M
Ln
00
O
F,
O
M
in
I,
M
in
Ln
ri
-e
N
-e
W
Ln
Ln
O
00
r,
Q1
ri
N
ri
LO
M
-
n
O
n
00
LO
ri
111
M
r%
00
N
00
N
Ln
ri
r -I
(1
w
M
N
ri
ri
M
Ln
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
00000000000000000000000
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
tO
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
Ln
I-
00
ri
00
N
en
-e
U)
w
I,
01
O
ri
O
M
N
ri
-e
M
N
O
01
M
O
O
ri
LA
ri
ri
ri
ri
ri
LA
LA
N
N
LO
LA
N
LO
LA
LA
LO
I�
LO
LO
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
L�1
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
ri
O
�
N
�
U
—
O
ca
—
s
cn
3
06
9
=
=
O
0
O
U
Z
_
Ln
0
`n
O
M
M
'a3
O
M
0�
++
O
U
3
t
O
i
f0
V
0
O
v
N
+N+
V
V
w
m
0
O
LL
007
3
m
Y
i
0
C
O7
H
00
Y
0
00
U
N
O
++
O7id
id-
U
V
V
O
i
+�+
+�+
V
0M
Q.
V
V
0
f0
f0
U
2-
J
to
007
007
0
0
c
0
+Si+
+Si+
007
C
c
i
Q7
G7
H
H
is
is
'cao
O
O
E
c00
O
O
O
M
'ca
O
LL7
2_2
al
N
Q
t
N
ca
U
M
Z
Z
M
N>
+�
N
m
U
ca
L-
Lim-
C
-
I�
00
00
I_
O
M
Q
M
=
M
Q1
ri
M
-e
LO
I,
00
ri
N
N
m
Q
n
00
Q1
ri
N
N
N
M
M
M
M
LO
iD
w
w
w
I�
00 Ln O M
I- O w *
Q1 00 O 00
Lr1 M 00 P.
O O N
ri r•i
0r0 Ln en -e M M
w 00 ri Ln
LO M e
N N ^ M
vi- V"-
M M N
M Q1 Q1 N
en n N Rt
00
O ri ri
000
ri ri ri
r-Ir-IrOi
Ln Ln Ln
O rO
i ri
N N N
r -I r -I ri
O
.a
Q
ri
H
� M
O7 O
� Z
O7 U_
W
t 0
00
0 N
O ui
LLL d Q
i a
O
O7
O
.a
Q
r -I
H
r -I
oby
O i
O f0
N d
AGREEMENT FOR CONTRACTOR SERVICES
WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: West Coast Arborists, Inc.
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Patrick Mahoney
CONTRACTOR'S ADDRESS: 2200 E. Vias Burton Street
Anaheim, CA 92806
CITY'S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Robert Cortes
COMMENCEMENT DATE: July 13, 2016
TERMINATION DATE: June 30, 2019
CONSIDERATION: Contract Price
Not to Exceed: $75,000/yr
1
A0130-0001 \1527469v2.doc 1/2015
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
THE CITY OF AGOURA HILLS AND WEST COAST
ARBORISTS, INC.
THIS AGREEMENT is made and effective as of July 13, 20.16, between the City
of Agoura Hills, a municipal corporation ("City") and West Coast Arborists, Inc.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
1. TERM
This Agreement shall commence on July 13, 2016, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than
June 30, 2019, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, at its option, extend this Agreement for one additional term of 2
(two) year[s] upon providing written notice of its intent to extend this Agreement to the
Contractor not less than thirty (30) days prior to the expiration of the initial Term. Such
extension shall be at the same price and conditions as set forth herein.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor
shall complete the tasks according to the schedule of performance which is also set
forth in Exhibit A.
3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall at all
times faithfully and competently perform all tasks described herein in a manner
satisfactory to CITY and consistent with that level of care and skill ordinarily exercised
by members of the profession currently practicing in the same locality under similar
conditions.
4. PREVAILING WAGES
A. Prevailing wages are required on all CITY agreements involving
construction, design, and preconstruction phases of construction (including, but not
limited to, inspection and land surveying work), and maintenance (except for janitorial or
security guards) for work on CITY property.
B. Pursuant to the provisions of Section 1773 of the Labor Code of the
State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute by this Contractor from the
Director of the Department of Industrial Relations. Copies may be obtained from the
California Department of Industrial Relations Internet website at http://www.dir.ca.gov.
Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor
2
A0130-000111539587v1.doc 1/2015b
hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall
comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of
the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated
prevailing rates for any work done under this contract, by him or by any sub -contractor
under him, in violation of the provisions of the Agreement..
5. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B,
Payment Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the above tasks.
Any terms in Exhibit B other than the payment rates and schedule of payment are null
and void. This amount shall not exceed ($75,000.00) Seventy Five Thousand Dollars
and Zero Cents ("Contract Price") for the initial Term of the Agreement unless
additional payment is approved as provided in this Agreement.
B. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set
forth herein, unless such additional services are authorized in. advance and in writing by
the City Manager. Contractor shall be compensated for any additional services in the
amounts and in the manner as agreed to by the City Council and Contractor at the time
City's written authorization is given to Contractor for the performance of said services.
C. Contractor shall submit invoices monthly for actual services
performed. Invoices shall be submitted between the first and fifteenth business day of
each month, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes
any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days
of receipt of an invoice of any disputed fees set forth on the invoice. For all
reimbursements authorized by this Agreement, Contractor shall provide receipts on all
reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the
Director of Finance.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
A. The City may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the
Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the
Contractor shall immediately cease all work under this Agreement, unless the notice
provides otherwise. If the City suspends or terminates a portion of this Agreement,
such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
B. In the event this Agreement is terminated pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
3
A0130-0001115395870.doc 1/2015b
of the Agreement pursuant to this Section, the Contractor will submit an invoice to the
City pursuant to Section entitled "PAYMENT" herein.
7. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default for cause
under the terms of this Agreement, City shall have no obligation or duty to continue
compensating Contractor for any work performed after the date of default and can
terminate this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor's control, and without fault or negligence of the
Contractor, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall
serve the Contractor with written notice of the -default. The Contractor shall have ten
(10) days after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Contractor fails to cure its default within
such period of time, the City shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement without further notice and without prejudice
to any other remedy to . which it may be entitled at law, in equity or under this
Agreement."
8. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with
respect to sales, costs, expenses, receipts and other such information required by City
that relate to the performance of services under this Agreement. Contractor shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of' services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily
accessible. Contractor shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there
from as necessary, and shall allow inspection of all work, data, documents, proceedings
and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final
payment.
B. Upon completion of, or in the event of termination or suspension of
this Agreement, all original documents, designs, drawings, maps, models, computer
files containing data generated for the work, surveys, notes, and other documents
prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used, reused or
otherwise disposed of by the City without the permission of the Contractor. With
respect to computer files containing data generated for the work, Contractor shall make
available to the City, upon reasonable written request by the City, the necessary
4
A0130-000111539587v1.doc 1/2015b
computer software and hardware for purposes of accessing, compiling, transferring and
printing computer files.
9. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers,
employees, agents and independent Contractors serving in the role of City officials, and
volunteers (collectively "Indemnitees") free and harmless from any and all claims,
demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages
or injuries, in law or equity, to property or persons, including wrongful death (collectively
"Claims"), in any manner arising out of or incident to any acts or omissions of
Contractor, its officials, officers, employees, agents or sub -contractor in connection with
the performance of this Agreement, including without limitation the payment of all
consequential damages, attorneys' fees, and other related costs and expenses, except
for such Claims arising out of the sole negligence or willful misconduct of the
Indemnitees. With respect to any and all such Claims, Contractor shall defend
Indemnitees at Contractor's own cost, expense, and risk and shall pay and satisfy any
judgment, award, or decree that may be rendered against Indemnitees. Contractor
shall reimburse Indemnitees for any and all legal expenses and costs incurred by each
of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by Contractor or Indemnitees. All duties of Contractor under this Section shall
survive termination of this Agreement.
10. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and
maintain, at Contractor's own expense, for the duration of this Agreement, insurance
against claims for injuries to persons or damages to property, which may arise from or
in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA
00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the
Contractor owns no automobiles, a non -owned auto endorsement to the General
Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State-
of
tateof California and Employer's Liability Insurance. If the Contractor has no employees
while performing under this Agreement, worker's compensation insurance is not
required, but Contractor shall execute a declaration that it has no employees.
5
A0130-000111539587vl.doc 1/2015b
B. Minimum Limits of Insurance. Contractor shall maintain limits no
less than: �µ
1) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage, including without limitation, blanket
contractual liability. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage for all activities of the Contractor arising out of or in
connection with work to be performed under this Agreement, including coverage for any
owned, hired, non -owned or rental vehicles.
3) Worker's Compensation as required by the State of
California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily
injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager. At the
option of the City Manager, either the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are
to be covered and named as additional insureds in respect to: liability arising out of
activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
2) For any claims related to this project, the Contractor's
insurance coverage shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by the City, its
officers, officials, employees or volunteers shall be excess of the Contractor's insurance
and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City,
its officers, officials, employees or volunteers.
6
A0130-000111539587v1.doc 1/2015b
4) The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
5) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days' prior written notice
has been given to the City. Contractor agrees to oblige its insurance agent or broker
and insurers to provide City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
E. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to
the City. Self insurance shall not be considered to comply with these insurance
requirements.
F. Verification of Coverage. Contractor shall furnish the City with
original endorsements, specifically naming the City of Agoura Hills, its officers,
officials, employees and volunteers as additional insured, effecting coverage
required by this clause. The endorsements are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The endorsements are to be on forms
acceptable to the City. Insurance certificates and endorsements must be received and
approved by City's Risk Manager prior to commencement of performance. Current
insurance certificates and endorsements shall be kept on file with the City at all times
during the term of this agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
G. Ma i1O11 ink Instructions. Insurance documents shall be mailed with the
signed Agreement to the attention of the staff person indicated on the cover sheet of
this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA
91301. Executed Agreement(s) cannot be released nor may any work commence on a
project until the signed Agreement and appropriate insurance documents are on file with
the City Clerk.
11. INDEPENDENT CONSULTANT
A. Contractor is and shall at all times remain as to the City a wholly
independent Contractor. The personnel performing the services under this Agreement
on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither City nor any of its officers, employees, agents, or volunteers shall have
control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power
to incur any debt, obligation or liability whatever against City, or bind City in any
manner.
7
A0130-000111539587v1.doc 1/2015b
B. No employee benefits shall be available to Contractor in connection
with the performance of this Agreement. Except for the fees paid to Contractor as
provided in the Agreement, City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for City. City shall not be liable for
compensation or indemnification to Contractor for injury or sickness arising out of
performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal
ordinances, laws and regulations which in any manner affect those employed by it or in
any way affect the performance of its service pursuant to this Agreement. The
Contractor shall at all times observe and comply with all such ordinances, laws and
regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this
Agreement shall be considered confidential and shall not be released by Contractor
without City's prior written authorization. Contractor, its officers, employees, agents or
sub -contractors, shall not without written authorization from the City Manager or unless
requested by the City Attorney, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information concerning the
work performed under this Agreement or relating to any project or property located
within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers,
employees, agents or sub -contractor be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or' subpoena from any party
regarding this Agreement and the work performed there under or with respect to any
project or property located within the City. City retains the right, but has no obligation,
to represent Contractor and/or be present at any deposition, hearing or similar
proceeding. Contractor agrees to cooperate fully with City and to provide City with the
opportunity to review any response to discovery requests provided by Contractor.
However, City's right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
14. NOTICES
Any -notices which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by: (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the
United States Mail, certified mail, postage prepaid, return receipt requested, addressed
to the address of the party as set forth below or at any other address as that party may
later designate by Notice. Notice shall be effective upon delivery to the addresses
8
A0130-000111539587v1.doc 1/2015b
specified below or on the third business day following deposit with the document
delivery service or United States Mail as provided above.
To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Consultant: West Coast Arborists, Inc.
2200 E. Vias Burton Street
Anaheim, CA 92806
Attention: Patrick Mahoney
15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Contractor's sole compensation shall be
payment for actual services performed up to, and including, the date of termination or as
may be otherwise agreed to in writing between the City Council and the Contractor,
16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW,
The City and Contractor understand and agree that the laws of the State
of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the City of Agoura Hills. In the event such
litigation is filed by one party against the other to enforce its rights under this
Agreement, the prevailing party, as determined by the Court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted. ,
18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial
interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or
Contractor's sub -contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or
employee of the City of Agoura Hills has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, or in the business of the
Contractor or Contractor's sub -contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest
is prohibited by law or this Agreement.
9
A0130-000111539587v1.doc 1/2015b
19. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties
relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each
party is entering into this Agreement based solely upon the representations set forth
herein and upon each party's own independent investigation of any and all facts such
party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor
warrants and represents that he or she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
10
A0130-000111539587v1.doc 1/2015b
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF AGOURA HILLS
Harry
Mayor
ATTEST:
....
agues, t�t�,-.,: i�►i��
.�i#-Elei'lr Ass st I- C �j
Date Approved by City Council.-
APPROVED
ouncil:
APPROVED AS*T, FORM:
,f
�::...� ......
Candice K. Lee;
City Attorney
CONTRACTOR
West Coast Arborists, Inc.
2200 E. Vias Burton .Street
Anaheim, CA 92806
Attention: Patrick Mahon
800-521-3714
714-956-3745 Z
m
By �...
Name: PATRICK MAHONEY
Title: P' Z ,JDENT
By:
Na,i
RICHARD MAHO
ASSISTANT SE
[Signatures of Twoxr"orate Officers Required]
11
A0130-000111539587v1.doc 1/2015b
EXHIBIT "A"
SCOPE OF WORK &
GENERAL CONDITIONS/SPECIFICATIONS
WORK IDENTIFICATION: Tree Maintenance and Inventory/Audit Services in the
City of Agoura Hills
ARTICLE NO.
Definitions
1.1 General Construction
1.2 Terms Defined
2. Work and Material Requirements
2.1 Use of Premises
2.2 Warranty
2.3 Liens
2.4 Manufactures Recommendations
2.5 Certificates of Compliance
3. Maintenance Schedule and Commencement of Work
3.1 Proposed Maintenance Schedule
3.2 Beginning of Work
3.3 Starting of Contract Time
4. Subcontracting
4.1 Subcontractors Bound by Contract
4.2 City Consent to Subcontractors
5. Contractor's Responsibilities
5.1 Contractor's Responsibilities
6. Authority of the Engineer
6.1
General Authority
6.2
Interpretation of drawings and Specifications
6.3
Inspections
6.4
Disputes pertaining to Payments for Work
6.5
Traffic Requirements
6.6
Deductions for Uncorrected Work
6.7
Certificate as to Compliance with Certain Regulations
7. Assignment of Rights
7.1 Assignment to City
7.2 Agreement to Assign
8 Prohibited Interests
9. Maintenance Standards and Specifications
12
A0130-0001\1539587vl.doc 1/2015b
GENERAL CONDITIONS/SPECIFICATIONS
1. Definitions
1.1 General Construction
Terms defined herein, which are used in other Contract Documents, have
the meaning assigned herein, unless the context requires a different meaning.
Words used herein in the masculine gender include the feminine and
neuter, and visa versa; the singular includes the plural, and visa versa. The word
"person" includes a corporation, association or partnership.
Unless otherwise specifically defined herein, or unless the context
requires a different meaning, all words, terms and phases having a well known or
technical meaning shall be so construed.
1.2 Terms Defined
Acceptance: The formal written acceptance by the Agency of a project which has been
completed in all respects in accordance with the specification and any modifications
thereof.
Addendum: the modification of the specifications issued to all prospective bidders
during the period when necessary change, correct, clarify, or further define and phase
of the work.
Bidder: An individual, firm, partnership, corporation, and combination thereof,
submitting a proposal for the work contemplated, acting directly or through a duly
authorized representative.
City: the City of Agoura Hills, County of Los Angeles.
City Clerk: The City Clerk of City.
City Council: The City Council of City.
Engineer: The City Engineer or his/her duly authorized designee, agents,
representatives or inspectors.
Contractor: The successful bidder to whom the contract is awarded.
Days: calendar days, unless business days and workdays, are expressly specified.
Materials: Any material, equipment, appliance, process, item or article of any nature
whatsoever installed or incorporated into the work or provided to City under the
contract.
13
A0130-000111539587v1.doc 1/2015b
Project: The project is the total improvement, of which the work performed under the
contract may be the whole or a part.
Special Conditions: Any provision in the Contract Documents that supplements,
modifies and, when in conflict, supersedes these General Conditions/Specifications.
Subcontractor: Any Subcontractor under Contractor.
Work: That which is proposed to be maintained under the contract, in strict accordance
with the Contract Documents, including the furnishing of all necessary or convenient
tools, equipment, material, labor and transportation.
Working Days: A working day is defined as any day, except Saturdays, Sundays, legal
holidays and except days when work is suspended by the Engineer, and any other day
determined to be non -working in accordance with the Contract Documents.
2. Work and Material Requirements
2.1 Use of Premises
(a) Contractor shall confine all tools and equipment, the storage of materials,
and the operation of workers to areas designated. by the Engineer or city representative
(b) With respect to an premises, toll or equipment of City made use of in the
performance of the contract Contractor shall have inspected the same prior to use, have
accepted them' in good and safe condition and have agreed to maintain them in a safe
condition for the protection of workmen while using them during the performance of the
work.
2.2 Warranty
(a) The labor and material bond must remain in effect until expiration of six
months after the period in which verified claims may be filed as provided in section 3184
of the California Civil Code, and the performance bond must be paid up and in effect for
six -months after the release of the job by City in accordance with the guarantee
required in Subsection 2.5(b).
(b) Besides warranties and guaranties otherwise required by the Contract
Documents, Contractor warrants and guarantees all work for a period of six months
after the date of release of work by City, unless a longer period is specified.
(c) In the event Contractor fails to commence corrective maintenance work
within ten (10) days after being notified in writing to do so by the Engineer and
prosecute the corrective maintenance work to timely completion, City may proceed to
have defects corrected and made good at the expense of Contractor who shall pay cost
and charges therefore immediately on demand.
14
A0130-000111539587v1.doc 1/2015b
(d) If, in the opinion of the Engineer, defective work creates a condition, which
requires immediate corrective work the Engineers shall attempt to give notice, required
by this section. If Contractor cannot be contacted or does not comply with City's request
for correction within a reasonable time as determined by the Engineer, City may,
notwithstanding the provisions of this Section, proceed to make such corrective work,
and Contractor shall be liable for costs of such corrective work. Such action by City will
not relieve Contractor of the warranties and guaranties provided in the Section or
elsewhere in the contract.
(e) This section does not in any way limit the warranty or guaranty on any
material for which a longer warranty or guaranty is specified in the Contract Documents
or on any item for which a manufacture give a warranty or guaranty fro a long period.
Contractor shall furnish the Engineer with all appropriate warranty and guaranty
certificates upon release of the work.
2.3 Liens
No materials, supplies, tools or equipment for work under this contract
shall be purchased subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest herein or in any part thereof is retained by seller or
supplier. Contractor warrants good title to all materials installed or incorporated in the
work by the Contractor or any subcontractor and agrees upon completion of all work to
deliver premises, together with all improvements and appurtenance constructed or
placed thereon by him or her, to City free from any claim, liens, or charges. Contractor
further agrees the neither he nor any person, firm, or corporation furnishing any
materials, supplies, tools, equipment or labor for any work covered by this contract shall
have any right to lien upon the premises or any improvement or appurtenance thereon.
Nothing contained in this article, however, shall defeat or impair the rights of persons
furnishing materials or labor under any bond given by Contractor for their protection or
and rights under any law permitting such persons.to look to funds due Contractor in the
hands of City, and this provision shall be inserted in all subcontracts and material
contracts when no formal contract is entered into for such material.
2.4 Manufacture's Recommendations
Where the manufacture of any material or equipment provides written
recommendations or instructions for its use or method of installation (including labels,
tags, manuals or trade literature), such recommendations or instructions shall be
complied with, except where the contract documents specifically requires deviations.
2.5 Certificates of Compliance
The Engineer may require certificates of compliance with the Specifications for
materials or manufactured items produced outside of the job site. Such certificates will
not relieve the Contractor from the requirements of providing materials and
manufactured items complying with the specifications even though they have been
incorporated into the job.
15
A0130-000111539587vl.doc 1/2015b
3. Maintenance Schedule and Commencement of Work
3.1 Proposed maintenance Schedule
(a) After notification of award and prior to the start of any work, Contractor
shall submit to the Engineer for approval the proposed maintenance schedule. The
maintenance schedule shall be in the form of a tabulation, chart, or graph and shall be
in sufficient detailed to show the chronological relationship of all activities of the project,
including, but not limited to, estimated scheduling days of various activities,
procurement of materials and scheduling of equipment. The maintenance schedule
shall reflect completion of all work under the contract within the specified time and in
accordance with these specifications.
(b) , If Contractor desires to make a major change, in its method of operation
after commencing maintenance, or if schedules fail to reflect the actual progress, it shall
submit to the Engineer a revised maintenance schedule in advance of beginning revised
operations.
3.2 Beginning of Work
(a) The delivery to City, for execution and approval of the contract documents
properly executed on behalf of Contractor and surety, shall constitute Contractor's
authority to enter upon the site of the work and to begin operations, subject to its
assumption of the risk of the disapproval of the contract, as herein provided, and subject
also to the following
(1) Contractor shall have received a receipt in writing for the properly
executed contract documents, including bonds and certificates of insurance.
(2) City may, for any reason, order Contractor not to enter upon the
site of the work, which order shall nullify the authority of Contractor to enter upon the
site prior to receipt of the Notice to Proceed.
(3) Notice in writing of Contractor's intention to start work prior to
approval, specifying the date on which he intends to start, shall be given to the Engineer
at least 24 hours in advance.
(4) Contractor shall, on commencing operations, take all precautions
required for .public safety and shall observe all the provisions in these general
conditions/specification and special conditions.
(5) Entry upon site without authority will be treated as trespassing.
(6) Should Contractor begin work in advance of receiving notice that
the contract has been approved as provided above, any work performed by him
in advance of the said date of approval shall be considered as having been done
by him at his own risk and as a volunteer unless said contract is so approved
16
A0130-000111539587v1.doc 1/2015b
(7) Contractor may start work at any time after the Notice to Proceed is
issued, but work shall begin within the number of days indicated on the Bid
Proposal after the starting date for the contract, or at such other times as may be
indicated in the special conditions.
17
A0130-000111539587v1.doc 1/2015b
(8) If required by the special conditions, Contractor shall start maintenance
operations on that part of the project designated by the Engineer.
(9) The work shall be conducted in such a manner and with sufficient
materials, equipment, and labor to ensure its completion in accordance with the
specification within the time set forth in the contract.
3.3 Starting of Contract Time
As soon as practicable after the contract has been executed by both
parties, a Notice to Proceed will be issued by City stating the starting date of the
contract time will be 30 calendar days after the Notice to Proceed is issued, unless
otherwise proved in the special conditions.
4. Subcontracting
4.1 Subcontractors Bound By Contract:
Contractor agrees to bind every Subcontractor by the terms of the contract
as far as such terms are applicable to the Subcontractor's work. If Contractor shall
subcontract any part of this contract, Contractor shall be as fully responsible to City for
acts and omissions of every subcontractor and of persons either directly or indirectly
employed by every such Subcontractor, as he is for acts and omissions of persons
directly employed by himself. Nothing contained in the Contract Documents shall create
any contractual relation between and subcontractor and City.
4.2 City Consent to Subcontractors
City's consent to, or approval of, any Subcontractor under the contract
shall not in any way relieve Contractor of its obligation under the contract and no such
subcontract or approval thereof shall be deemed to waive any provision of the contract
between City and Contractor.
5. Contractor's Responsibilities
Contractor shall ascertain to its own satisfaction the scope of the project and
nature of any other contracts that have been or may be awarded by City in prosecution
of project to the end that Contractor may perform the contract in consideration of such
other contracts, if any.
Contractor shall afford other contractors reasonable opportunity for introduction
and storage of their materials and execution of their work and shall properly connect
and coordinate its work with others. Contractor shall not cause any unnecessary
hindrance or delay to any other contractor working on the project.
If any part of Contractor's work depends for proper execution or results upon
work of any other contractor, Contractor shall inspect and promptly report to the
18
A0130-000111539587v1.doc 1/2015b
Engineer any defect in such work that render it unsuitable for such proper execution and
results. Its failure so to do shall constitute a waiver by Contractor of any claim of delay
caused by events beyond Contractor's control.
6. Authority of the Engineer
6.1 General Authority
The Engineer shall decide any and all questions which may arise as to the
quality or acceptability of materials and work performed, and as to the manner of
performance and rate of progress of the work, and shall decide all questions which may
arise as to the interpretation of the drawings and specifications, and all questions as to
the acceptance fulfillment of the contract on the part of Contractor, and as to
compensation. His/her decisions shall be final and it shall have authority to enforce and
make effective decisions and orders.
6.2 Interpretation of Drawings and Specifications
The Engineer shall interpret the meaning of any part of the drawings and
specifications about which any misunderstanding may arise and his/her decision will be
final. Should there appear to be any error or discrepancy in or between the drawings
and specifications, Contractor shall refer the mater to the Engineer for adjustment
before proceeding with the work. Should Contractor proceed with the work without so
referring the matter, it dies so at its won risk.
6.3 Inspection
(a) The Engineer shall have full access to all operations involving work under
the contract and shall be provided reasonable advanced notice of the time and place of
operations which he desires to observe.
(b) All work shall be under observation of the Engineer. He/she shall have
free access to any or all parts at any time. Contractor shall furnish the Engineer
reasonable facilities for obtaining such information as may be necessary to keep
him/her fully informed respecting progress and manner of work and character or
materials. Inspection of work shall not relieve Contractor from any obligation under the
contract. The Engineer shall have authority to stop work whenever provisions of
Contract Documents are not being complied with and Contractor shall instruct its
employees and any subcontractor accordingly.
6.4 Disputes Pertaining to Payment of Work
Should and dispute arise respecting the true value of any work done, of
any work omitted, or any extra work which Contractor may be required to do, or
respecting the size of payment to Contractor during the performance of this contract,
such dispute shall be decided by the Engineer.
19
A0130-000111539587v1.doc 1/2015b
6. 5. Traffic Requirements
(a) Street Closures, Detours, and Barricades
(1) All costs involving in complying with the following requirements for
street closures, detours and barricades shall be borne for the Contractor.
(2) Contractor shall notify the Engineer, at least five (5) working days
before closing or partially closing and street. The engineers will arrange detour routes
and issue signing instructions, if required.
(3) Contractor shall notify the following agencies, at least forty-eight
(48) hours in advance of the closing, partial closing, or opening of any street or alley:
Engineering Department Phone (818) 597- 7322, Fax (818) 597-7341 or email
cdodd@ci.agoura-hills.ca.us
(4) Contractor shall install, maintain, and remove all temporary
barricades, light, warning signs, and other facilities necessary to control traffic as
specified in the Manual of Warning Signs, Light & devices for Use in Performance of
Work Upon Highways, which is complied in accordance with section 21400 of the
California Vehicle Code. Material for a temporary facility may be provide from new or
used material s. if used materials are provided, they shall be sound, in good condition,
and otherwise meet the requirements of new material.
(5) If at any time any portion of the street is obstructed by traffic,
Contractor shall post "No parking Anytime" signs on both side of the street.
a. In addition to the lane width specified in subparagraph "b."
below, Contractor shall maintain a minimum clearance of three (3) feet to excavations
and a minimum of two (2) feet to curb and other obstructions. When traffic patterns
required by the work are such that opposing lanes of traffic must cross the existing
centerline, Contractor shall separate the opposing lanes at intervals, not to exceed fifty
(50) feet, or as directed by the Engineer.
b. Minimum Requirements for Maintaining Traffic Flow: Traffic
in both directions shall be maintained on all side streets at all times. Minimum ten (10)
foot lanes shall be used.
6.6 Deduction for Uncorrected Work
If City deems it inexpedient to correct work, not performed in accordance
with the contract, and equitable deduction from contract price shall be made therefore.
6.7 Certificate as to Compliance With Certain Regulations
Contractor shall file with Engineer, prior to the release of the work, a
certificate in form substantially as follows:
20
A0130-000111539587vl.doc 1/2015b
I (We) hereby certify that all work has been performed and materials
supplied in accordance with the specifications, drawing, and Contract Documents for
the above work and that:
(a) No less that the prevailing rates of per deem wages as ascertained by the
Director of Industrial Relations has been paid to workers employed on this work and a
copy of said rates has been posted and maintained at the work site at all times during
the course of the work.
(b) State prevailing wage rates shall apply when the State wage is higher that
the federal wage rate. All Contractors and Subcontractor are subject to the application
of Section 1720 et seq. of the California Labor Code which details regulations and
procedures governing the payment of prevailing wage.
(c) All Contractors and Subcontractors are subject to the provisions of Section
3700 of the California labor Code which requires that every employer be insured against
liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of the code.
(d) All Contractors and Subcontractors are subject to the provisions of Section
1810-1814 of the California Labor Code which provide that the maximum hours a
worker is to be employed is limited to eight hours a day and 40 hours a week and the
Contractor or Subcontractor shall forfeit, as a penalty. Twenty-five (25) dollar for each
worker employed in the execution of the contract for each calendar day during which a
worker is required or permitted to labor more that eight hours in any calendar day or
more than forty (40) hours in any calendar week and is not paid overtime.
(e) Section 1815 of the California Labor Code requires that not withstanding
the provisions of Sections 1810-1814, employee of Contractors who work in excess of
eight (8) hours per day and forty (40) hours per week shall be compensated for all hours
worked in excess of eight (8) hours per day at not less than 1-1/2 times the basic rate of
pay.
(f) There have been no unauthorized substitutions of Subcontractors, nor
have any unauthorized Subcontractors been entered into.
(g) No subcontractor was assigned or transferred or performed by anyone
other that the original Subcontractor, except as provided in the Subletting and
Subcontracting fair Practices Act, public Contract Code Section 4100, et seq.
(h) All claims for materials and labor and other services performed in
connection with the Contract Documents have been paid.
7. Assignment of Rights
7.1 Assignment to City
21
A0130-000111539587v1.doc 1/2015b
In entering into this maintenance contract or a subcontract to supply
goods, service, or materials, Contractor or Subcontractor offers and agrees to assign to
City all rights, title, and interest in and to all causes of action in may have under Section
4 of the Clayton Act (15 U.S.C. Sec. 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, services, or materials pursuant to the
maintenance contract or the subcontract. The assignment shall be made and become
effective at the time City tenders final payment to Contractor, without further
acknowledgement by the parties.
7.2 Agreement to Assign
In subletting a bid to a public purchasing body, the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body 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. Sec. 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, material, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective at the time
the purchasing body tenders final payment to the bidder.
8. Prohibited Interests
No official, employee, or agent of City, nor any member of his of her immediate
family, shall have any direct or indirect interest in the contract.
9. MAINTENACE STANDARDS AND SPECIFICATIONS
A) Tree Pruning
Tree pruning per pre -designed districts, grids or prune routes on a set
cycle to include all trees. Pruning will include structural pruning, crown raising, crown
thinning, 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 and 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.
1) Contractor shall comply with Standards of CAL OSHA and the
American National Standard Institute, Z133 Safety Requirements.
2) Contractor shall provide and post "No Parking" signs 48 hours in
advance of the work.
3) 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, English speaking supervisor in tree
maintenance operations. The Contractor shall be responsible for advance notification to
22
A0130-000111539587v1.doc 1/2015b
the residents at each work location of the intended tree operations. The contractor shall
be responsible to see that private property and vehicles at work locations are not
endangered or damaged during the course of the work.
4) Contractor shall exercise precautions as necessary when 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 appropriate notification of Underground Service Alert
(USA).
5) No hooks, gaffs, spurs or climbers will be used by anyone employed for
such pruning. Any vine plant growing on the trees shall be removed at ground level.
6) Final pruning cuts shall be made without leaving stubs. Cuts shall be
made in a manner to promote fast callous growth.
7) Contractor shall maintain at least one (1) Bilingual (English &Spanish)
speaking foreman, on-site, at all times.
8) When trimming fungus, disease or fire blight infected limbs or fronds, all
pruning tools shall be cleaned after each cut with alcohol or bleach.
9) Topping shall not be done without prior approval of the City.
10) Trees shall be trimmed to provide a minimum clearance of fifteen (15)
feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to
remove any, obstruction around traffic control devices, traffic signs and streetlight.
11) The specific techniques employed shall be consistent with industry
practice for the size and species of the tree being pruned. 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, % inch, to the parent stem so the healing can readily
start under normal conditions. All limbs two (2) inches 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.
B. PALM TREE PRUNING
Palm tree trimming shall consist of the removal of all dead fronds, dead fronds
sheaths, fruit clusters and other vegetation from the trunks of all palms. Live remaining
healthy fronds are to be left at an upward 30 degree angle in relation to a horizontal
plane at the head of the palm.
23
A0130-0001\1539587v1.doc 1/2015b
Only the full green undamaged fronds shall remain at the crown of the tree. The
Contractor shall be required to remove and dispose of any fallen or hanging fronds for a
period of 30 days after completion of the original trim.
C. CLEARANCE PRUNE
Trees will be raised to a standard height established by the City for the purpose
of creating adequate room for utility vehicles, paving equipment, pedestrian traffic,
clearance for buildings and signs 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.
D. TREE ONLY REMOVAL
City prepares list of trees to be removed, marks trees, notifies the homeowners
and submits the list to the Contractor. Contractor prepares internal work order. Crew
removes tree and hauls all debris. Special projects that are difficult to access with
equipment, or require the need for a crane or 95 -foot tower would fall under Crew
Rental rates
E. STUMP ONLY REMOVAL
City prepares list of the stumps to be removed, marks stumps, notifies
homeowners and submits the list to he Contractor. Contractor calls U.S.A. and prepares
internal work order. Stumps will be ground to a depth of 18 inches. All holes will be
backfilled, as well as all debris cleaned up and hauled off on the same day the stump is
removal is completed.
Tree removal is an integral part in the maintenance of the community urban
forest. Therefore, tree maintenance, including removal and planting, should fall under a
category called "Maintenance or Service" and not considered a "new" construction
contract. This project is considered Landscape Maintenance.
1) This contract will involve tree removal and replacement, which reflects that
of reforestation. Reforestation shall consist of renewing forest cover on or by the use of
seedling or planting in an effort to replant where a forest once stood. Tree removal as a
condition of site preparation for tree replacement should also be part of the standard
maintenance practice.
2) Contractor shall provide all equipment, labor and materials, necessary for
the planting of trees throughout the City in accordance with the specifications herein.
3) Contractor shall be responsible for locating all underground utilities prior to
planting.
4) Removal shall be conducted in good workmanlike manner in accordance
with the standards of the arboriculture profession. The Contractor shall be responsible
24
A0130-000111539587v1.doc 1/2015b
for contacting Underground Service Alert (U.S.A.) 1-800-422-4133 for the locating of
underground utilities prior to stumping removal operations
5) All tree parts are to be loaded into transport vehicles. The vehicles must
have front and side solid and the top and rear will be tarped or otherwise tightly
enclosed. The: transporting of the tree parts must be made so that no debris escapes
during transport.
6) Branches, suckers, bark and other tree parts that are chipped are to be
hauled to the disposal site during the workday.
7) All tree stumps must be removed to a least 18 inches below the lowest soil
level adjacent to the stump, or until deep roots are no longer encountered. The
Contractor shall grind the stump a minimum distance of 1 Y2 feet on either side of the
outer circumference of the stump, or until surface roots are no longer encountered.
8) Stumps should be cut low enough to the ground where routing can be done
safely.
F. TREE PLANTING
Planting includes the tree, root barrier (when required by specification),
stakes, ties and complete installation. Planting lists should be compiled by the
Contractor and submitted monthly or as needed. Contractor will guarantee the life of the
tree for a period of ninety days (90), excluding vandalism and extreme weather
conditions.
1) Planting pit shall be dug twice the width and the same depth of the root
ball. Before placing the tree in the planting pit the Contractor shall examine the root ball
for injured roots and 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.
2) Protect adjacent walls, sidewalks and utilities from staining by the soil.
Use Y2 inch plywood and or plastic sheeting as directed to cover the existing concrete,
metal, and masonry work and other items as directed during the progress of the work.
Any damage ,to the paving or architectural work caused by the Contractor shall be
repaired at the expense of the Contractor.
3) Tree shall be placed in the planting pit with its original growing level (the
trunk flare) at the same height of the surrounding finished 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.
4) Backfill material should be no more than 10% commercial soil amendment
mixed with the native soil. Placed fertilizer tablets in the corners of the bottom of the
25
A0130-0001\1539587vl.doc 1/2015b
hole. Eliminate all air pockets while backfilling the planting pit by watering the soil as it is
placed in the hole. Soils shall not be compacted by tamping it down by foot.
5) Trees that are planted in parkways shall have a 4-6 inch high water
retention basin built around the tree capable of holding at least ten (10) gallons of water.
In a concrete tree well, soil should be raked 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.
6) All trees shall be staked with two (2) wooden lodge poles connected
together by two (2) Y2 inch by three (3) inch pieces of wood and two (2) ties per pole. All
lodge poles shall be upright and straight. The minimum size of the lodge poles shall be
10 -foot long, with 1 1/2 inch diameter. The wooded stakes shall be placed at 1/3 and 2/3
of the trunk height. The tree ties shall be placed at 1/3 and 2/3 of the trunk height.
Stakes shall not penetrate the root ball and shall be driven into the ground
approximately 24 — 30 inches below grade.
7) 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. The barrier shall be a minimum of 24 inches in depth and placed in a circular
fashion one (1) foot from the tree's root system. Root barriers shall be included in the
unit price of the tree.
8) Tree spacing shall be at a minimum distance of 30 feet to a maximum of
50 feet.
9) Planting will be at a minimum of 30 feet from the back of curb return (BCR
on an approach to an intersection and 20 feet from the end of curb (ECR) on the exit
side.
10) Plant 20 feet minimum from edge of approach.
11) Plant 20 feet minimum from street light standards, power lines and fire
hydrants.
12) Plant 15 feet from house walks and utility meters.
13) Center the tree between the sidewalks and curb.
14) Where there is no parkway, plant tree in the center of the public right-of-
way.
15) Clean up all trash and any soil or dirt spilled on any paved surface at the
end of each wdrking day.
16) All trees shall be of good nursery stock that adheres to the American
Standard for Nursery Stock as described in the ANSI A60.1-1996 Standards. Trees
shall be free from pests, disease and structural defects.
26
A0130-000111539587v1.doc 1/2015b
G. CREW RENTAL
The standard crew is three men, one (1) chipper truck, one (1) chipper, one (1)
aerial tower and all necessary hand tools. The crew equipment can be modified to
complete any type of miscellaneous tasks including special projects that may consist of
extraordinary work such as hanging flags, changing light bulbs, or trimming specific
trees requiring immediate attention prior to their scheduled
trim.
H. EMERGENCY CREW RENTAL
Contractor will respond to emergency calls on a 24-hour basis. Emergency work
will begin on-site within ninety (90) minutes of receipt of the call from the City. The crew
will do what is necessary to render the hazardous tree -related condition safe.
1) The Contractor will be required to provide emergency/on call response to
hanging limbs, wind damage or downed trees. This may be at night or during storm
conditions. The Contractor will be given specific locations and work to be performed at
each location via telephone call from a City authorized representative and report back to
the City representative upon completion of the work specified.
2) The Contractor is required to provide 24-hour emergency phone numbers
and names of a minimum of two (2) contact individuals within two (2) weeks of the
award of the contract. Should the phone numbers or contact person change during the
course of the contract those changes must be provided to the City.
3) The Contractor shall be required to provide all traffic control required
during his emergency operations. Should the work involve any high voltage lines the
Contractor shall be required to notify the responsible utility company.
4) Work performed under the emergency provision of this contract shall be
paid for on a per crew hour basis. This shall include all labor, tools, equipment, disposal
fees, and materials necessary for doing the emergency work.
TREE WATERING
Watering is performed by a one-man crew with a water truck and will water
various routes including landscape medians and young trees that are three (3) years old
and younger.
SCHEDULE OF WORK AND HOURS OF OPERATION
1) Contractor will be required to commence work within thirty (30) working
days of award of the contract. The Contractor shall, prior to commencing work, submit
and gain approval of a weekly work schedule indicating the order and location of work.
2) The general hours of operations shall be 9:00 AM. to 3:00 PM on major
27
A0130-000111539587v1.doc 1/2015b
streets and 7:00 AM to 5:00 PM on residential streets. The days of operations shall be
Monday through Friday. No work shall be performed on Saturday or Sunday unless
authorized by the City.
3) In addition, the Contractor, field lead man or foreman shall meet with the
City's representative weekly or bi-weekly for the purpose of reviewing the week's work,
receiving special instructions, and to discuss any problems encountered on the job.
K. CLEAN UP
1) Contractor shall clean all job sites when work is completed, including the
raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets.
2) 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.
3) Brush and debris shall be removed daily, sidewalks swept, lawns and
parkways raked out and gutters cleaned.
4) The City's representative shall be the sole judge as to the adequacy of the
clean up.
L. DISPOSAL OF MATERIALS
All tree branches produced as a result of the Contractor's operations under this
contract will be reduced, reused, recycled, and/or transformed. Included in the monthly
billing for the tree maintenance the City will receive a Green waste report detailing the
amount of debris recycled and the location. This report is to be used for compliance with
Assembly Bill 939.
M. 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 trimming operations
took place, the address of each individual tree trimmed, the species and its current
condition, height, trunk diameter and canopy spread of each individual tree that was
trimmed. Each invoice shall include an exact copy in electronic format that is compatible
with the City's Tree Inventory program. Failure to submit invoices in this format may
result in non-payment until these requirements are met.
N. INSPECTION
The city's 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.
28
A0130-000111539587v1.doc 1/2015b
The inspection of the work shall not relieve the Contractor of any of his obligation
to full fill the contract and/or complete the project described. Defective work shall be
made good notwithstanding the fact that such defective work may have been previously
overlooked by the City's representative and accepted for payment.
O. MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
1) The City may modify these specifications with the joint approval of the
Contractor and the City's Parks and Landscape Superintendent, all
modifications shall be in writing.
2) In the event that the City of Agoura Hills should require additional work
beyond the requirements of these specifications, the Contractor shall perform
all work at a competitive price.
3) Additional work may be added to the contract work as the need arises. The
Contractor shall perform all specified and approved additional work at the unit prices
submitted with this bid proposal.
4) The Contractor must be willing to provide a competitive price for additional
work that may be added to the contract. Contractor will be required to demonstrate
the ability to properly execute the expanded workload with the necessary increase in
labor, materials and equipment needed to complete the additional work in a timely
manner.
P. BROCHURES AND NOTICES
1) Contractor will provide and distribute brochures that are acceptable to the
City that describes the tree maintenance process and is readily accessible to the
citizens. Sample brochures must be approved by the City prior to issuance.
2) Public notice of the Tree Maintenance program will be supplied by the
Contractor with final approval by the City's representative.
Q. TREE INVENTORY
The contractor will update the entire tree inventory along city right -of way and parks of
the City of Agoura Hills. The data will be collected by address and include tree species,
parkway type, diameter at standard height, crown height, botanical and common name,
and other information as recommended by the City of Agoura Hills.
R. TREE INVENTORY PROGRAM
The contractor will update the City of Agoura Hills internet-based, record keeping
system that allows the City to maintain, retrieve and manipulate information about its
tree population, including the description of each tree by species, height, diameter, work
history, and tree and planting site location. The tree inventory program is an on-line
database program, which the data can be incorporated into the City's maintenance
management tracking program. The program has the capability to produce detailed
listings of tree and site information, work histories, services requests, summary reports
29
A0130-000111539587v1.doc 1/2015b
and pictures of City tree species. The tree inventory program allows for batch update of
work histories. The Contractor shall provide unlimited training to support the program for
the entire term of the contract while under contract for maintenance services.
Provide the City with recommendations for tree species, recommended planting
locations and removals. Attributes to be collected by field personnel may include
Address, Street, Facilities, Species, Diameter, Crown, Height, recommended
maintenance, overhead utilities and parkway size & type. Provide the City with various
tree inventory report capabilities to accommodate the City's needs
S. GPS INVENTORY
Provide the City with updated Global Positioning System (GPS) coordinates for
each tree inventoried. The address information contained in inventory can be linked
directly to a Geographical information System (GIS) program, such as ArcView. 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. At the end
of the project, the City will receive a complete upadated listing of all sites inventoried,
both in hard copy and in the software, which will enable you to connect the inventory to
the City's GIS program and create various frequency reports.
T. REPORTS
The Contractor will assist the City with various reports concerning the City's tree
inventory, maintenance services, planting program and/or tree policies. These reports
may be produced for the City Council and/or various Commissions or Committees.
30
A0130-000111539587v1.doc 1/2015b
U. EXPERIENCE
The Contractor shall have at a minimum five (5) years experience in collecting
tree inventories and developing inventory databases, including an extensive program
that simplifies the management of the City's Urban Forest.
The Contractor shall have developed a complete and comprehensive computer
inventory program in at least five (5) California cities. The program should have
specialized reports designed specifically for City representatives needs. The program
should be developed based on the needs of the City and allow the City to modify and
structure the program specific to the City's needs. The user-friendly program should
allow users to generate a variety of reports quickly.
V. SCOPE OF WORK
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 program, and training of City employees on the use of the system, future
technical maintenance and support. The Contractor, upon award of the contract should
be prepared to perform the following.-
Contract
ollowing:
.Contract Management
1. Obtain all required insurance as specified in the RFP.
2. Obtain any and all Business Licenses and/or permits.
3. Execute a Contract for the Inventory of the City trees.
Prior to Commencement of Work
1. Conduct a pre -job meeting with the City to discuss the City's criteria with
regards to all tree attributes to be collected, scheduling and location of
fieldwork.
2. The City will be divided into grids of districts for more efficient management of
data collection. For the purpose of updating the City's tree inventory, the City
shall try to provide copies of the following
a. City Maps with Street Legend
b. Easement Maps
c. Grid Maps
d. Street Tree Master Plan with Tree Palette
e. Tree Ordinance
f. Additional information pertaining to City Trees
g. Tree Maintenance Schedule
h. Information pertaining to City's GIS system
i. Street Listing on diskette in database or ASCI format
Inventory data Collection
31
A0130-000111539587v1.doc 1/2015b
1. Have an ISA certified Arborist, perform the tree data collection and provide
cursory tree evaluation.
2. Attributes to be collected by field personnel include District (area number
and name), species identification, size (diameter at standard height) and condition
evaluation.
3. Provide the City with updated 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 tree by
their global coordinates of longitude and latitude.
4. By collecting updated data using the GPS system, the City can consolidate
the tree data with other various GPS coded programs.
5. At the end of the project, the City will receive a complete updated listing of
all site inventoried, both in hard copy and visible within the software program, which will
enable the City to connect the inventory to the GIS program and create various
frequency reports.
6. Attributes to be collected by field personnel will include:
a) Tree Number
b) City District
c) Street
d) Location by Address
e) Location by GIS, x, y State Plane coordinate (optional)
f) Species by Botanical name and common name
g) Tree diameter
h) Canopy spread
i) Tree height
j) Recommended Maintenance Classification
k) Existing overhead Utilities
1) Parkway Size
m) Parkway Type
n) Public/Private Code
W. COMPUTER SOFTWARE UPDATE
1. The software will has the capability of producing reports that can be exported
to Microsoft Excel for graphic output for the purpose of displaying the data.
2. It is capable of linking to ArcGIS version 10.2 with automatic data export.
3. Update the software can also link to separate databases containing work
history, work requests, etc.
32
A0130-000111539587v1.doc 1/2015b
4. It can manage an unlimited number of records and has the capability of
adding additional tree sites should the City desire to input them.
5. Queries can be made by one field or a combination of fields.
X. TREE INVENTORY & SCHEDULE
1. Data will be post -processed to establish sub -meter accuracy of points
(only if GPS).
2. Tree inventory will be updated into the existing web -based program for
long-term management of the Urban Forest. The inventory program is
linked with the City's ArcView system for GIS capabilities.
3. Update (if needed) 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 (1) meter. By updating the
data using the GPS system, the City can consolidate the tree data with
other various GPS coded programs in the City.
4. Provide monthly progress reports in the form of shp.files. The City will be
able to review the data collected and the dot plotted on the maps.
Y. 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 unlimited support with experienced staff available to the City during the hours of
8:00 AM. to 5:00 PM. Monday through Friday. The Contractor shall be readily available
by telephone, e-mail or may respond to the City's location within a timely manner.,
Z. COMPUTER SOFTWARE SYSTEM
The Contractor will provide the City of Agoura Hills with updates to the internet-
based, record keeping system that allows the City to maintain, retrieve and manipulate
information about its tree population, including the description of each tree by species,
height, diameter, work history, and tree & planting site location. The tree inventory
program is an on-line database program, which the data can be incorporated into the
City's maintenance management tracking program. The software program allows the
City to customize the program specific to the City's needs. It also allows for an unlimited
amount of users to connect to the database.
33
A0130-000111539587v1.doc 1/2015b
EXHIBIT "B"
SCHEDULE OF PAYMENT
SCHEDULE OF TREE WORK COMPENSATION
The Contractor understands the tree population of the City of Agoura Hills and agrees to
provide the specific services to the City as listed in the Bid Proposal.
GRID OR ANNUAL TREE TRIMMING
A systematic tree trimming program composed of existing grid or pre -
designed districts that are trimmed in their entirety on a set schedule.
Trees in a grid will include all large, medium and small trees. All trimming
is performed in accordance with the standards established by the
international Society of Arboriculture, American National Standards
Institute and the City.
UNIT UNIT PRICE
Per tree $ 79.00
2. FULL TRIM BASED ON SERVICE OR SPECIAL REQUESTS
Trees requiring service prior to their regularly scheduled grid or annual
trim to rectify a specific problem such as blocking street lighting or signs,
right-of-way clearance for utility lines, or broken limbs will be performed as
a "Service Request."
Size
Unit
Unit price
0-6" dbh
per tree
$ 79.00
7-16" dbh
per tree
$ 129.00
17-24 dbh
per tree
$179.00
25-36 dbh
per tree
$ 279.00
37 dbh $ over
per tree
$ 379.00
3. PALM TREE TRIMMING
per tree
$ 195.00
15 gallon tree without root barrier
Unit
Unit price
Coco Palm, any size
per tree
$ 49.00
Washingtonia Palm, any size
per tree
$ 79.00
Canary island Date Palm, any size
per tree
$179.00
4. TREE REMOVAL
Unit
Unit price
Complete tree and stump removal
per dbh
$ 34.00
Tree removal only
per dbh
$ 20.00
Stump only removal
per dbh
$ 14.00
5. TREE PLANTING
Unit
Unit price
15 gallon tree with root barrier
per tree
$ 195.00
15 gallon tree without root barrier
per tree
$ 180.00
24 inch box tree
per tree
$ 295.00
24 inch box tree without root barrier
per tree
$ 280.00
40
6. TREE WATERING
Unit
per tree
7. CREW RENTAL
Per da Unit rice
$ 632.00 $ 9.00
Per man hour $ 78.00
Standard maintenance crew of three (3) persons, one (1) chipper truck,
one (1) aerial tower truck and chipper and all necessary saws and hand
tools
8. CREW RENTAL (overtime)) Per man hour $ 78.00
Standard maintenance crew of three (3) persons, one (1) chipper truck,
one (1) aerial tower truck and chipper and all necessary saws and hand
tools.
9. EQUIPMENT RATES
List additional equipment you have available and the rates for each. $156.00/hour
10. MATERIAL AT COST PLUS
15%
11. ARBORIST SERVICES Per hour $178.00
Arborist services provided by the hour as prescribed per the Special
Provisions of these Specifications.
12. EMERGENCY CREW RENTAL Per hour/Man $118.00
13. TREE MASTER PLAN
Submitted By:
Patrick
Lum Sum $15,00000
- West Ooast Arborists, Inc.
COOPERATIVE PURCHASING
It is intended that any other public agency (e.g., city, county district, public authority,
public agency, municipality, and other political subdivision or public corporation) shall
have the option to participate in any award made as a result of this solicitation at the
same prices. The City shall incur no financial responsibility in connection with any
purchase by another public agency. The publicagency shall accept sole responsibility
for placing orders and making payments to the vendor.
41