HomeMy WebLinkAboutCC AG PKT 2008-03-10 #P
AGENDA STAFF REPORT
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DATE:
TO:
March 10,2008
THRU:
FROM:
Honorable Mayor and City Council
David Carmany, City Manager
Vince Mastrosimone, Director of Public Works
SUBJECT: ANNUAL TREE MAINTENANCE AGREEMENT
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. authorizing the City
Manager to execute a professional services agreement with West Coast
Arborists, Inc. to annually maintain the City's Community Forest.
BACKGROUND:
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The Department of Public Works strives to provide an attractive and healthy
community forest for our residents and visitors to enjoy. Trees help Increase
property values, enhance the economic vitality of our business areas and beautify
our community.
To meet these expectations, the City sent out a Request for Proposals (RFP) for
qualified firms to provide annual services for maintenance, removal and
replacement of trees as needed within the City's Community Forest. Proposals
were received from Great Scott Tree Service, Inc., Travers Tree Service, and West
Coast Arborists, Inc. Based on various rating criteria, staff reviewed the proposals
in depth including: references from other agencies, qualifications and experiences
of staff, information management resources and technical support, ability to meet
project expectations, variety and value of work types and services offered and the
ability to provide these services effectively.
Based upon the criteria and the review of the proposals, West Coast Arborists, Inc.
ryvCA) was selected as the most qualified firm to perform tree maintenance
services for the City of Seal Beach. After a selection was made, staff met with
WCA to negotiate cost to better fit the City's Budget. The negotiated bid sheet is
attached.
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Historically the City has spent approximately $100,000 for the tree maintenance
services annually which includes work in medians, parks, streets and other misc.
services.
Agenda Item P
FINANCIAL IMPACT:
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The funding for this contract will be paid for from Streets at 40%, Parks at 15%,
Building Facilities at 1 %, Community Facilities Districts at 4%, and Tree trimming
services at 40%.
The contract will be for three (3) years and may be renewed for up to two
additional two-year terms. Prices may be adjusted yearly up to 3%, for the
Consumer Price Index (CPI), if approved by the Director of Public Works
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a
professional services agreement with West Coast Arborists, Inc. in the amount of
$1 OO,OOO/year to include routine and non-routine services citywide.
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NOTED AND APPROVED:
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David Carmany, Jty Manager
Vince Mastros' one, Director of Pu
Attachments:
A. Resolution No. approving professional services agreement
B. Cost schedule for West Coast Arborists, Inc.
C. Sample Professional Services Agreement
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING THE PROFESSIONAL SERVICES
AGREEMENT FOR ANNUAL TREE MAINTENANCE SERVICES
BETWEEN THE CITY OF SEAL BEACH AND WEST COAST
ARBORISTS, INC.
WHEREAS, 111e City of Seal Beach requested and received proposals to provide
annual tree maintenance services for the City's Community Forest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council directs the City Manager to enter Into a professional
services agreement with West Coast Arborlsts, Inc. for annual tree maintenance
services.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 10th day of March , 2008 by
the following wte:
AYES: Councllmember
NOES: Councllmember
ABSENT: Councilmember
e ABSTAIN: Councllmember
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution Is the original copy of Resolution Number _ on
file In the office of the City Clerk, pas~ed, approved, and adopted by the City
Council of the City of Seal Beach at a regular meeting held on the 10th day
of March , 2008.
City Clerk
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EXlllBIT "A"
PROPOSAL
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S~LEAGREEMffiNTFOR
ANNUAL TREE MAINTENANCE
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between
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City of Seal Beach
211 81b Street
Seal Beach, CA 90740
&
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
THIS AGREEMENT is made and entered into this 10th day of March 2008, by and _
between the City of Seal Beach, a municipal corporation ("City") and West Coast .,
Arborists, Inc., a California corporation ("Contractor").
RECITALS
A. City proposes to have Contractor perform the services described herein below; and
B. Pursuant to the authority provided by Government Code Section 37103, City desires to
engage Contractor Perform Annual Tree Maintenance and prepare Tree Master Plan in
the manner set forth herein and more fully described in Section 1; and
C. Contractor represents: the principal members of Contractor are qualified Arborist
specialists, fully qualified to perform the maintenance services contemplated by this
Agreement in a good and professional manner; and it desires to perform such services as
provided herein; and
D. No official or employee of City has a financial interest, within the provision of California
Government Code, Sections 1090-1092, in the subject matter of this Agreement.
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NOW, THEREFORE, in consideration of performance by the parties of the mutual promises,
covenants, and conditions herein contained, the parties hereto agree as follows:
1. Contractor's Services.
a. Scone and Level of Services. Subject to the terms and conditions set forth in this
Agreement, City hereby engages Contractor to perform the technical and
professional services ("Services") set forth in Contractor's proposal dated
February 20, 2008 ("Proposal'') attached hereto as Exhibit "A" and incorporated
by this reference. The nature, scope, and level of the Services to be performed by
Contractor are more particularly described in Exhibit "A". In the event of any
inconsistencies between the Proposal and this Agreement, the terms and
provisions of this Agreement shall control.
b. Time for Performance. Contractor shall perform all services under this
Agreement on a timely, regular basis consistent with industry standards for
professional skill and care.
c. Standard of Care. As a material inducement to City to enter into this Agreement,
Contractor hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status and experience, Contractor hereby
covenants that it shall follow the customary professional standards in performing
all services.
d. Familiarity with Services. ay executing this Agreement, Contractor represents
that, to the extent required by the standard of practice, Contractor
i. has investigated and considered the scope of services to be performed,
ii. has carefully considered how the services should be performed, and
Hi. understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
Contractor represents that Contractor, to the extent required by the standard of
practice, has investigated the subject sites and is reasonably acquainted with the
conditions therein. Should Contraptor discover any latent or unknown conditions,
which will materially affect the performance of services, Contractor shall
immediately inform City of such fact and shall not proceed except at Contractor
risk until written instructions are received from the City Representative.
e. Comnliance with Americans with Disabilities Act. All conceptual design plans
prepared by Contractor for the Project shall comply with the Americans with
Disabilities Act (42 U.S.C. Section 12001 et seq.).
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2. Term of Agreement.
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a. This Agreement is effective as of March 10, 2008 (the "Effective Date"), and
shall remain in full force and effect until Contractor has rendered the services
required hereunder, unless sooner terminated as provided in Section 15 herein.
3. Compensation.
a. Comnensation. City shall compensate Contractor at its bid schedule set forth in
Exhibit "B". The cost of the project shall not exceed the not-to-exceed amounts
shown in Exhibit "A" unless such additional compensation is approved by the
City Council. City shall not withhold any federal, state or other taxes, or other
deductions.
b. Additional Services. City shall not pay Contractor for additional services unless
the City Staff authorizes, in advance, such services. City shall compensate
Contractor for any authorized extra services at the bid schedule unit costs set forth
in Exhibit "B".
4. Method of Payment.
a. Invoices. Contractor shall submit to City monthly invoices for the services
performed pursuant to this Agreement. The invoices shall describe in detail the
services rendered during the period and shall separately describe any extra A
services authorized by the City Staff. Any invoice claiming compensation for -
extra services shall include appropriate documentation of the City Staffs prior
authorization of such services. All invoices shall be remitted to the following
address: Department of Public Works, 211 8th Street, Seal Beach, CA 90740 Attn:
Director of Public Works.
b. City shall review such invoices and notify Contractor in writing within twenty
business days of any disputed amounts.
c. City shall pay all undisputed portions of the invoice within thirty calendar days
after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
d. All records, invoices, time cards, cost control sheets and other records maintained
by Contractor shall be available for review and audit by the City.
5. Representatives.
a. City Renresentative. For the purposes of this Agreement, the contract
arlm;n;strator and City's representative shall be the Director of Public Works, or
such other person as the Director designates in writing (hereinafter the "City
Representative"). It shall be Contractor's responsibility to assure that the City
Representative is kept informed of the progress of the performance of the
services, and Contractor shall refer any decisions that must be made by City to the e
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City Representative. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the City Representative.
b. Contractor Reoresentative. For the purposes of this Agreement, Robert D.
Thompson, is hereby designated as representative of Contractor authorized to act
in its behalf with respect to the services specified herein and make all decisions in
connection therewith (the "Responsible Representative"). It is expressly
understood that the experience, knowledge, capability and reputation of the
Responsible Representative were a substantial inducement for City to enter into
this Agreement. Therefore, the Responsible Representative shall be responsible
during the term of this Agreement for directing all activities of Contractor and
devoting sufficient time to personally supervise the services hereunder.
Contractor may not change the Responsible Representative without the prior
written approval of City, which approval shall not be unreasonably withheld.
6. Contractor's PersonneL
a. All Services shall be performed by Contractor or under Contractor's direct
supervision, and all personnel shall possess the qualifications, permits, and
licenses required by State and local law to perform such Services, including,
without limitation, a City of City business license as required by the City
Municipal Code.
b. Contractor shall be solely responsible for the satisfactory work performance of all
personnel engaged in performing the Services and compliance with the standard
of care set forth in Section 7 below.
c. Contractor shall be responsible for payment of all employees' and sub-
contractors' wages and benefits, and shall comply with all requirements
pertaining to employer's liability, workers' compensation, unemployment
insurance, and Social Security.
d. Contractor shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city or agency officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Contractor's alleged violations of personnel practices. City shall have the
right to offset against the amount of any fees due to Contractor under this
Agreement any amount due to City from Contractor as a result of Contractor's
failure to promptly pay to City any reimbursement or indemnification arising
under this Section 6.
7. Standard of Performance.
a. Contractor shall perform all services to customary professional standards and in a
manner reasonably satisfactory to City.
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8. Ownership of Work Product.
a. OwnershiD of Plans. All plans, specifications, reports, studies, tracings, maps,
drawings, blueprints, or other written material (collectively "Plans" in this Section
8) prepared or obtained by Contractor in the course of performing the Services
shall be and remain the property of City without restriction or limitation upon its
use or dissemination by City, and Contractor shall convey and transfer all
copyrightable interests in the Plans to City. Basic survey notes, sketches, charts,
computations and similar data prepared or obtained by Contractor under this
Agreement shall, upon request, be made available to City. Such material shall not
be the subject of a copyright application by Contractor. Any reuse by City of any
such materials on any project other than the Project shall be at the sole risk of City
unless City compensates Contractor for such use. City agrees to indemnify,
defend and hold harmless Contractor against any claims, losses, costs or damages
as a result of City's reuse of the Plans without compensation to, or prior
authorization of, Contractor. In the event of the return of the Plans to Contractor
or its representative, Contractor shall be responsible for their safe return to City.
Contractor shall be entitled to retain copies of the Plans for Contractor's files.
Under no circumstances shall Contractor fail to deliver any draft or final plans,
drawings or specifications to City upon written demand by City for their delivery,
notwithstanding any disputes between Contractor and City concerning payment,
performance of the contract, or otherwise. This Covenant shall survive the
tennination of this Agreement.
b. Public Records Act Disclosure. Contractor has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Contractor, or any of its
subcontractors, and provided to City may be subject to public disclosure as
required by the California Public Records Act (California Government Code
Section 6250 et. seq.). Exceptions to public disclosure may be those documents or
information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Contractor informs City of such
trade secret. The City will endeavor to maintain as confidential all information
obtained by it that is designated as a trade secret. They City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including, without
limitation, those records so marked if disclosure is deemed to be required by law
or by order of the Court. :
c. ResDonsibilitv for Errors. Contractor shall be responsible for its work and results
under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required bye the City's representative, regarding
any services rendered under this Agreement at no additional cost to City. In the
event that an error or omission attributable to Contractor occurs, then Contractor
shall, at no cost to City, provide all necessary design drawings, estimates and
other Contractor professional services necessary to rectify and correct the matter
to the sole satisfaction of City and to participate in any meeting required with
regard to the correction.
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9. Status as Independent Contractor.
a. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor
any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, 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, agents or
employees are in any manner employees of City. Contractor shall pay all required
taxes on amounts paid to Contractor under this Agreement, and to defend,
indemnify and hold City hannless from any and all taxes, assessments, penalties,
and interest asserted against City by reason of the independent contractor
relationship created by this Agreement. Contractor shall fully comply with the
workers' compensation law regarding Contractor and Contractor's employees.
Contractor further agrees to indemnify and hold City hannless from any failure of
Contractor to comply with applicable workers' compensation laws. City shall
have the right to offset against the amount of any fees due to Contractor under this
Agreement any amount due to City from Contractor as a result of Contractor's
failure to promptly pay to City any reimbursement or indemnification arising
under this Section 9.
10. Confidentiality.
a. Contractor may have access to financial, accounting, statistical, and personnel
data of individuals and City employees. Contractor covenants that all data,
documents, discussion, or other information developed or received by Contractor
or provided for performance of this Agreement are deemed confidential and shall
not be disclosed by Contractor without prior written authorization by City. City
shall grant such authorization if applicable law requires disclosure. All City data
shall be returned to City upon the termination of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
11. Conffict of Interest.
a. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the Services, or which would
conflict in any manner with the performance of the Services. Contractor further
covenants that, in performance of this Agreement, no person having any such
interest shall be employed by it. Furthermore, Contractor shall avoid the
appearance of having any interest, which would conflict in any manner with the
performance of the Services. Contractor shall not accept any employment or
representation during the term. of this Agreement which is or may likely make
Contractor "financially interested" (as provided in California Government Code
~~1090 and 87100) in any decision made by City on any matter in connection
with which Contractor has been retained.
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b. Contractor further represents that it has not employed or retained any person or _
entity, other than a bona fide employee working exclusively for Contractor, to .
solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any
person or entity, other than a bona fide employee working exclusively for
Contractor, any fee, commission, gift, percentage, or any other consideration
contingent upon the execution of this Agreement. Upon any breach or violation
ofthis warranty, City shall have the right, at its sole and absolute discretion, to
terminate this Agreement without further liability, or to deduct from any sums
payable to Contractor hereunder the full amount or value of any such fee,
commission, percentage or gift.
c. Contractor has no knowledge that any officer or employee of City has any
interest, whether contractual, non-contractual, financial, proprietary, or otherwise,
in this transaction or in the business of Contractor, and that if any such interest
comes to the knowledge of Contractor at any time during the term of this
Agreement, Contractor shall immediately make a complete, written disclosure of
such interest to City, even if such interest would not be deemed a prohibited
"contlict of interest" under applicable laws as described in subsection 11.1.
12. Indemnification.
a. Indemnity for Professional Services. In connection with its professional services,
Contractor shall defend, hold harmless and indemnify City, and its elected officials, _
officers, employees, servants, designated volunteers, and those City agents serving as .
independent contractors in the role of city or agency officials, (collectively,
"Indemnitiesj, with respect to any and all claims, demands, damages, liabilities,
losses, costs or expenses (collectively, "Claims"), including but not limited to Claims
relating to death or injury to any person and injury to any property, to the extent to
which they arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Contractor or any of its officers, employees, subcontractors, or agents
in the performance of its professional services under this Agreement, but not to the
extent the result of the negligence or willful misconduct of the City or of other third
parties not under the control or the supervision of Contractor. Contractor's obligation
to indemnify does not include the obligation to defend actions or proceedings brought
against the City but rather to reimburse the City for attorney's fees and costs incurred
by the City in defending such actions or proceedings brought against the City to the
extent caused by Contractor; but not for any loss, injury, death or damage caused by
the negligence or willful misconduct of City or of other third parties not under the
supervision or control of Contractor.
b. Other Indemnities. In connection with all Claims not covered by Section 12.1,
Contractor shall defend, hold harmless and indemnify the Indemnities with respect to
any and all Claims including but not limited to Claims relating to death or injury to
any person and injury to any property, which arise out of, pertain to, or relate to the
acts or omissions of Contractor or any of its officers, employees, subcontractors, or _
agents in the performance of this Agreement. Contractor shall defend Indemnities in .
any action or actions filed in connection with any such Claims with counsel of City's
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choice, and shall pay all costs and expenses, including actual attorney's fees and
experts' costs incurred in connection with such defense.
c. Nonwaiver of Rights. Indemnities do not, and shall not, waive any rights that they
may possess against Contractor because of the acceptance by 9ty, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
d. Waiver of Rillht of Subroe:ation. Contractor, on behalf of itself and all parties
claiming under or through it, hereby waives all rights of subrogation against the
Indemnities, while acting within the scope of their duties, from all claims, losses and
liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
e. Survival. The provisions of this Section 12 shall survive the termination of the
Agreement and are in addition to any other rights or remedies which Indemnities may
have under the law. Payment is not required as a condition precedent to an
Indemnity's right to recover under this indemnity provision, and an entry of judgment
against a Contractor shall be conclusive in favor of the Indemnity's right to recover
under this indemnity provision.
13. Insurance.
a. Liability Insurance. Contractor shall procure and maintain in full force and effect
for the duration of this Agreement insurance against claims for injuries to persons
or damages to property and professional negligence which may arise from or in
connection with the performance of the services hereunder by Contractor, and its
agents, representatives, employees and subContractors.
b. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall
be at least as broad as:
i. Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
ii. Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
iii. Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
iv. Professional Liability insurance in a form approved by the City.
c. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
i. General Liability: $2,000,000 per occurrence and in the aggregate for
bodily injury, personal iI\jury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply
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separately to this Agreement or the general limit shall be twice the _
required occurrence limit. -
ii. Automobile Liability: $2,000,000 per accident for bodily injury and
property damage.
iii. Employer's Liability: $2,000,000 per accident and in the aggregate for
bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
iv. Professional Liability: $2,000,000 per claim/aggregate.
d. Deductibles and Self-Insured Retentions. Contractor shall inform City of any
deductibles or self-insured retentions except with respect to professional liability
insurance.
e. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
i. City, its officers, officials, employees, designated volunteers and agents
serving as independent contractors in the role of city or agency officials,
are to be covered as additional insureds as respects: liability arising out of
activities performed by or on behalf of Contractor; products and
completed operations of Contractor; premises owned, occupied or used by e
Contractor; or automobiles owned, leased, hired or borrowed by
Contractor. The coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named
insured.
ii. For any claims related to this Agreement, Contractor's insurance coverage
shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent
contractors in the role of city or agency officials. Any insurance or self-
insurance maintained by City, their officers, officials, employees,
designated volunteers or agents serving as independent contractors in the
role of city or agency officials shall be excess of Contractor's insurance
and shall not contribute with it.
iii. 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.
iv. Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled or materially modified except after 30 _
days prior written notice by first class mail has been given to City. _
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v. Each insurance policy, except for the professional liability policy, required
by this clause shall expressly waive the insurer's right of subrogation
against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent
contractors in the role of city or agency officials.
f. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A: VII unless waived in writing by City's Risk
Manager.
g. Verification of Coveral!e. No work or services under this Agreement shall
commence until Contractor has provided the City with Certificates of Insurance or
appropriate insurance binders evidencing the above insurance coverages and said
Certificates of Insurance or binders are approved by the City. Proof of insurance
must be sent directly to the City Clerk's Office.
h. SubContractors. Contractor shall include all subContractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subContractor. All coverages for subContractors shall be subject to all of the
requirements stated herein unless otherwise approved in advance in writing by
City.
14. Cooperation.
a. In the event any claim or action is brought against City relating to Contractor's
performance or services rendered under this Agreement, Contractor shall render
any reasonable assistance and cooperation which City might require. City shall
compensate Contractor for any litigation support services in an amount to be
mutually agreed upon by the parties.
15. Termination.
a. Either party shall have the right to terminate this Agreement at any time for any
reason on thirty (30) day's written notice to the other party. In the event either
party exercises its right to terminate this Agreement, City shall pay Contractor for
any services rendered prior to the effective date of the termination. Contractor
shall have no other claim against City by reason of such termination, including
any claim for compensation. '
16. Suspension.
a. City may, in writing, order Contractor to suspend all or any part of the
Contractor's Services for the convenience of City or for work stoppages beyond
the control of City or Contractor. Subject to the provisions of this Agreement
relating to termination, a suspension of the Services does not void this Agreement.
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17. Notices.
a. Any notices, bills, invoices, or reports authorized or required by this Agreement
shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's
regular business hours or by facsimile before or during Contractor's regular
business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
addressed as follows:
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If to City:
City Clerk
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Fax: (562)431-4067
With a copy to:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Fax: (562) 431-8763
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18. Non-Discrimination and Equal Employment Opportunity.
a. In the perfonnance of this Agreement, Contractor shall not discriminate against
any employee, subContractor, or applicant for employment because ofrace, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation. Contractor will take
affirmative action to ensure that subContractors and applicants are employed, and
that employees are treated during employment, without regard to their race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
19. Non-Assignability; Subcontracting.
a. Contractor shall not assign, transfer, or subcontract any interest in this Agreement
or the performance of any of Contractor's obligations hereunder. Any attempt by
Contractor to so assign, transfer, or subcontract any rights, duties, or obligations
arising hereunder shall be null, void and of no effect.
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20. Compliance with Laws.
a. Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in force at the time Contractor performs the
Services.
21. Non-Waiver of Terms, Rights and Remedies.
a. Waiver by either party of anyone or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by City of any payment to
Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Contractor, and the
making of any such payment by City shall in no way impair or prejudice any right
or remedy available to City with regard to such breach or default.
22. Attorney's Fees.
a. In the event that either party to this Agreement shall commence any legal action
or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including actual attorney's fees.
23. Exhibits; Precedence.
a. All documents referenced as exhibits in this Agreement are hereby incorporated
in this Agreement. In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of any document incorporated
herein by reference, the provisions of this Agreement shall prevail.
24. Construction.
a. The validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California. In the event
of any asserted ambiguity in, or dispute regarding the interpretation of any matter
herein, the interpretation of this Agreement shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the
uncertainty to exist or against the party who drafted the Agreement or who drafted
that portion of the Agreement.
25. Entire Agreement.
a. Ibis Agreement, including any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between Contractor and
City. Ibis Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any
provision or breach hereof waived, except in a writing signed by the parties which
expressly refers to this Agreement.
PSA Tn:c Maintcn...c 2,292008
-12-
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have A
executed this Agreement as of the date first written above. .,
CITY OF SEAL BEACH
CONTRACTOR
By:
By:
Its:
Citv ManalZer
Its:
Attest:
By:
City Clerk
Its:
(Two signatures required for corporations _
California Corporations Code Section 313)
APPROVED AS TO FORM:_
City Attorney
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P'\044 Street - TrmIportatiOll Flies\044 Street TreII\Anaw.\ Street Tn!. Mllintmlnllll200B\PSA Tree MlI'lIteJlll1C8 2 29 2008 DOC
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PSA Tre. MlIintonBIIC. 2 29,2008
-13-
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83/83/2888 16:48
7149911827
WCA INC
PAGE 82/83
IN WITNESS WHEREOF, the parties, through their respective
executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
By:
Its:
City MIIJIRIlel"
Attest:
City Cledt
APPROVED AS TO FORM:
City Attorney
represent&tiVCll, have
By:
....
- . .......
- . ~'...'
;, ~..
::::: ~
:i ~
(Two .1...ta....I'IlJ.lred for OBI -
Collfomla Corpar.t1..... Cade SeetIoD 313)
r:'R44.... Tran.pmd11l1lUcll'bl4 .....Tra\AdIIIIII boiL TNolWllnI~_2tlIJI\PlA"" M....._ 2.1lil2DCII DOC
P$A TNtM_2l101l
-13.
83/83/2888 16:48
7149911827
WC'A INC
PAGE 83/83
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
..... u -LIllo. 11m....... H
11-
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County aI Oranll.
On 3/3/08
-
}
State aI Callfomla
personally 1IlP8~
before me, Victor M. Gouaalea, Nota:l P\lblic
HlII"""NllMInlIDI I"'~
Patrick Mahoney and Ric~~eY
r - -- - - ~~~.: .m--
. ~ .--- 1 ...,n'.7 I
. ......1'IIIlIO . - - .. I
I _ o-g. CClunIr
f.._. ~~~~-'..t
who proved 10 me on tha ba8iI alE evldence 10
be the pel'SO whose natm@ subsctU:lecllO the
:GIn ru'lrrt and ac:knowl ~ me that
secuted the llIItne in..Jl!4le authorfzed
, and thet by ~1gnIi Ili(i on the
lnatrumant the p~, or the entity upon behalf aI
which the pet80n(!) ectsd, 8lIllaJtId the Instrument
I certify under PENALTY OF PERJURY under the laws
of the Slate aI Califomla that the foregoing paragraph II
true and correct.
WITNESS mY,h'fJ and ~~,..s
Signature Vt*..P'l.). _
PllaltNalllV....AbIvn II/IftIlIft
OPTIONAL
Though the tn_ _... Is n'" ~by_, H f1III1",.,.. IftJ/uobIstopel8Ol1$ n>IyIng an the_
end cauld """""" ~ "'"""", end....tflIcI1ment 0' lIIII ftltm to IIIIOI/IIIr document.
D88crfpllon of Attached Document
TiU. or'IP of Document: AKreement:
Document Dale: March 10. 2008
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Number of PlIges:
13
Slgner(s) OIher11lan Nemed Above; _,
CapacIty(1es) CIlIlmed by S111ner(e)
SIgner'll Name: patdck Maboney
o IncIvIduBl
IlII Corporate 0III0llr - Tille(a): pre.aident
o Partner - 0 Uml\lld 0 Genetlll
o AlIOmey In FllcI
lJ 'II'UlItee
o Guardian or Con_lor
n OlI1.r:
SIgna"" Name: Richard Mahoney
. LJ Indivldl.Bl
il!ICorpo,.\lOIIIoer-Tllle(sl: Ant. Secretary
o Par,",r - 0 Uml\ld 0 General
CJ Attorney In Fact
r.J Tru8hl.
o Guardian or COIlII8M11or
o Other:
Signer Ie Reprel8llling: West:
co..t Arbor1stB. 1ftc.
Signer 18 Repreeenllng:.WI!l!It
__COAst ArboristB. Inc.
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. . ... . . . . ~ OT .
.lIIJJ'.......,.,..,...,....~DlI__.RD.llllaa.~DAl1tt.....~""**'~ _...-.n' AneIfdIt:~'fII.~,~
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EXIDBIT "B"
FEE SCHEDULE
BID SCHEDULE
The Client agrees to pay Contractor as compensation for all authorized work included in the
Scope of Services heretofore stated at the rates below.
//
".
BID SCHEDULE
In conformity with the terms and conditions of the contract, West Coast Arborists, Inc. e
herebyprbposestocitv of Seal Beach the following schedule of compensation:
DESCRJ1>TlON UNIT UNIT PRICE
Annual Tree Trimming per District (-500 trees) per tree $ 46.00
AESTHETIC PRUNING ~
0-6" dbh per tree $ 46.00
7-16" dbh per tree . $ 80.00
17-24" dbh per tree $ 140.00
25-36" dbh per tree $ ~oo z. "''S' ~
37" dbh & over per tree 4'6 $ . .00 zt-S- ~
PALMTRF.'R T~G per tree 1",0 $ ~o 1-.., ~
Coco palm, any size ~
Washingtonia palm. any size per tree -z.so $~ 'f?7 ~
. Canary Island Date Palm, any size per tree /i'fJ $ .00 IZS' ~
'TREE REMOVAL ^'
Tree and stump removal 0-24" per diameter inch $ 15.00
Tree removals over 25" dbh per diameter inch $ 22.00 e
Stump only removal per inch $ 5.00
PLANTlNG
15 gallon tree per tree $ 95.00
15 gallon tree with root barrier per tree $ 115.00
24 inch box tree per tree $ 195.00
24 inch box tree with root barrier per tree $ 220.00
36 inch box tree per tree $ 675.00
36 inch box tree with root batTier per tree $ 725.00
TREEWA~G per day $ 400.00
CREW RENTAL
3 man crew with equipment per hour $ 168.00
2 man crew with equipment per hour $ 112.00
1 man crew with equipment per hour $ 56.00
SPECIALTY EQUIPMENT
95 Aerial Tower per hour $ 112.00
Crane per hour $ 112.00
EMERGENCY RESPONSE e
3-man crew with equipment
(Evening, weekend, or holiday call-out) per hour $ 240.00
......_..1......----'..-,.-1--..---...
Ajf'U-.( t. o.t" t-1"z-y,Jolt' f\Ilc.'di'J
/'
,
,
,/
//
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TREE INVENTORY
GPS INVENTORY (Qotional)
TREE MAINTENANCE MASTER PLAN
Per Tree Site
~~ltK
per" Irw1'
Site
Lump Sum
NAME OF CONTRACTING FIRM West Coast Arborists. Inc.
ADDRESS 2200 E. Via Burton Street
$ 1.00
$ 2.00
$5.000.00
Anaheim. CA 9~B06
TELEPHO}f.E 714/991-1900 FAJ{ 714/991-1027
STATE LICENS:& NO. 36676~ EXPIRATIONDATE 12/31/0B
FEDERAL TAX IDENTIFICA nON NUMBER
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SIGNATURE OF BIDDER(S)
DATE 2/20/08
a r1C a cney, res en
~~.'zt~
**ADDITIONAL FEES:
PALM SKINNING - PER LINEAR FOOT - $ 10.00
ARBORIST SERVICES - PER HOUR - '$112.00
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