HomeMy WebLinkAboutE-06 - Citywide Tree Maintenance ContractCONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
DATE: JUNE 6, 2016
SUBJECT: ACCEPT BID AND AWARD CITYWIDE TREE MAINTENANCE CONTRACT TO
WEST COAST ARBORIST INC.
SUMMARY:
The City’s Recreation and Family Services, Park Division and the Azusa Light and Water, Electric
Division utilize a third-party contractor for tree maintenance services for City parks, parkways, median
islands and utility right of ways. On March 21, 2016, the City Council approved bids specifications and
a Request for Bids (RFB) for Citywide Tree Maintenance. This action approves the award to West Coast
Arborist Inc., as the lowest responsible bidder, in the amount of $622,799.00 per year.
RECOMMENDATIONS:
Staff recommends that the City Council take the following actions:
1)Accept Bid and Award contract for the Citywide Tree Maintenance Program to West Coast
Arborist Inc. for a three-year term, with two one-year extension options, in the amount of
$622,799.00 per year; and
2)Authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney,
on behalf of the City.
DISCUSSION:
On March 21, 2016, the City Council approved bids and specifications and authorized Staff to proceed
with the formal bidding process for Citywide Tree Maintenance. A mandatory pre-bid meeting was held
on April 6, 2016 with (9) potential proposers participating. The formal bid opening was held on April
27, 2016 with (2) proposers submitting bids. The bid results were as follows:
Proposer Amount (Annually)
West Coast Arborist Inc. $622,799.00
Golden West Arbor Services $1,031,321.00
APPROVED COUNCIL
MEETING 6/6/2016
Award Tree Maintenance Contract
June 6, 2016
Page 2
Staff recommends that the City Council accept the bid and award the contract to West Coast Arborist
Inc. (WCA) for the Citywide Tree Maintenance for a three year term commencing July 1, 2016 to June
30, 2019, with two one year extension options.
WCA provides quality tree maintenance and arborist services to over 200 public agencies throughout the
state. As the City’s tree maintenance contractor, WCA has provided exemplary service to the City for
the past (15) years.
FISCAL IMPACT:
Funding for Citywide Tree Maintenance will be included in the proposed Fiscal Year 2016/17 operating
budget and will be allocated from the following funding sources: Recreation and Family Services
(General Fund), Gas Tax, Azusa Light & Water – Electric Fund, Community Facilities District, and
Public Benefit.
Reviewed and Approved: Fiscal Impact Reviewed by:
Joe Jacobs Talika M. Johnson
Director of Recreation and Family Services Director of Finance
Reviewed and Approved: Reviewed and Approved:
Louie Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
Attachments:
1) Citywide Tree Maintenance Program Contract
2) April 6, 2016 mandatory Pre bid meeting sign in sheet
3) April 27, 2016 Bid sheet results
45635.01000\8520199.1
CITY OF AZUSA
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 1 day of July , 2016 by and between the
City of Azusa, a municipal corporation of the State of California, located at 213 East Foothill
Boulevard, Azusa, California 91702, (“City”) and [ WEST COAST ARBORIST INC.] with its
principal place of business at [2200 E. VIA BURTON STREET, ANAHEIM, CA. 92806]
(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing [TREE MAINTENANCE] services to public
clients, that it and its employees or subcontractors have all necessary licenses and permits to perform
the Services in the State of California, and that is familiar with the plans of City. Contractor shall
not subcontract any portion of the work required by this Agreement, except as expressly stated
herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the [CITYWIDE TREE
MAINTENANCE PROGRAM] project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately supply the professional [TREE] maintenance services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [JULY 1, 2016] to [JUNE
30, 2019], unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
ATTACHMENT 1
[WEST COAST ARBORIST INC.]
Page 2
45635.01000\8520199.1
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to
complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services
shall be performed by Contractor or under its supervision. Contractor will determine the means,
methods and details of performing the Services subject to the requirements of this Agreement. City
retains Contractor on an independent contractor basis and not as an employee. Contractor retains the
right to perform similar or different services for others during the term of this Agreement. Any
additional personnel performing the Services under this Agreement on behalf of Contractor shall also
not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has
the professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to
Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates [ROSS MONTES], or his
or her designee, to act as its representative for the performance of this Agreement (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Agreement. Contractor shall not accept direction or orders from any person
other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates [NICK ALAGO],
or his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s
Representative shall supervise and direct the Services, using his/her best skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
[WEST COAST ARBORIST INC.]
Page 3
45635.01000\8520199.1
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants and other staff at all
reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling necessary
to perform the Services. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term of
this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with
the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails or
refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project
milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in
writing to the Contractor. Contractor agrees that if the Services are not completed within the
aforementioned Performance Time and/or pursuant to any such completion schedule or Project
milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and
agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done,
of any work omitted, or of any extra work which Contractor may be required to do, or respecting the
size of any payment to Contractor during the performance of this Contract, Contractor shall continue
to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s
decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep
itself fully informed of and in compliance with all local, state and federal laws, rules and regulations
in any manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all violations
of such laws and regulations in connection with Services. If the Contractor performs any work
[WEST COAST ARBORIST INC.]
Page 4
45635.01000\8520199.1
knowing it to be contrary to such laws, rules and regulations and without giving written notice to the
City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of
the State of California subject to certain provisions of the Health & Safety Code, Government Code,
Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of
the law applicable to the public contracts of a municipality are a part of this Contract to the same
extent as though set forth herein and will be complied with. These include but are not limited to the
payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's
work and that no worker shall be permitted to work in excess of eight (8) hours during any one
calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure
to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years
immediately preceding the date of execution of this Agreement, and shall not violate any such law at
any time during the term of the Agreement. Contractor shall avoid any violation of any such law
during the term of this Agreement by participating in an electronic verification of work authorization
program operated by the United States Department of Homeland Security, by participating in an
equivalent federal work authorization program operated by the United States Department of
Homeland Security to verify information of newly hired employees, or by some other legally
acceptable method. Contractor shall maintain records of each such verification, and shall make them
available to the City or its representatives for inspection and copy at any time during normal business
hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance
with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors
and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall
require all of its subcontractors, sub-subcontractors and consultants performing any work relating to
the Project or this Agreement to make the same verifications and comply with all requirements and
restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of
Contractor, and understands that any of the following shall be grounds for the City to terminate the
Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or
consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any
misrepresentation or material omission concerning compliance with such requirements (including in
[WEST COAST ARBORIST INC.]
Page 5
45635.01000\8520199.1
those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately
remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Workers’ Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it
is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or
age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall also comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality
Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the
SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware
of their application to "portable equipment", which definition is considered by SCAQMD and CARB
to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City
against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or
regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules
and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California
Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and
regulations of the Environmental Protection Agency, the State Water Resources Control Board and
the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of
storm water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality
Control Act, to any ground or surface water in the State.
[WEST COAST ARBORIST INC.]
Page 6
45635.01000\8520199.1
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend,
indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from and against any
and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s
non-compliance with the laws, regulations and policies described in this Section, unless such non-
compliance is the result of the sole established negligence, willful misconduct or active negligence of
the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them without impacting
water quality in violation of the laws, regulations and policies described in this Section. Contractor
further warrants that it, its employees and subcontractors will receive adequate training, as
determined by City, regarding the requirements of the laws, regulations and policies described in this
Section as they may relate to the Services provided under this Agreement. Upon request, City will
provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the
Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the duration
of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance. The policy shall not contain any
exclusion contrary to the Agreement, including but not limited to endorsements or provisions
limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29);
or (2) cross liability for claims or suits by one insured against another.
[WEST COAST ARBORIST INC.]
Page 7
45635.01000\8520199.1
(B) Minimum Limits of Insurance. Contractor shall maintain limits
no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with general aggregate
limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall
apply separately to this Agreement/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; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits
as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000
per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing that the required insurance
has been reinstated or has been provided through another insurance company or companies. In the
event any policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, the City has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by the City will be promptly reimbursed by
Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments.
In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or
be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insured with respect to the Services or ongoing
and completed operations performed by or on behalf of the Contractor, including materials, parts or
equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements
providing the exact same coverage, the insurance coverage shall be primary insurance as respects the
City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess
insurance shall contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-
insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
[WEST COAST ARBORIST INC.]
Page 8
45635.01000\8520199.1
required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City of Azusa, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers, employees,
agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the
City, its directors, officials, officers, employees, agents and volunteers shall be excess of the
Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or
canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by
certified mail, return receipt requested, has been given to the City; and (B) 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 directors, officials, officers, employees, agents and volunteers.
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 officials, officers, employees, agents and
volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and
shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or
[WEST COAST ARBORIST INC.]
Page 9
45635.01000\8520199.1
self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that,
at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City may approve different
scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City
shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability
using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
provided by the City if requested. All certificates and endorsements must be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection
with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures;
(B) instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.2.13 Bonds.
[WEST COAST ARBORIST INC.]
Page 10
45635.01000\8520199.1
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of
the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
affected bond within 10 days of receiving notice from City. In the event the surety or Contractor
intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be
given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior
to expiration of the original bonds. No further payments shall be deemed due or will be made under
this Agreement until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement, the
Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly
and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Agreement (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of
the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records
with respect to all costs and expenses incurred under this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date of
[WEST COAST ARBORIST INC.]
Page 11
45635.01000\8520199.1
final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “D”
attached hereto and incorporated herein by reference. The total compensation shall not exceed [SIX
HUNDRED AND TWENTY TWO THOUSAND, SEVEN HUNDRED AND NINTY NINE
DOLLARS] ($622,799.00) without written approval of the [CITY MANAGER]. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner set
forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Contractor.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through the
date of the statement. City shall, within 45 days of receiving such statement, review the statement
and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall
not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title
8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage
rates and the performance of other requirements on “public works” and “maintenance” projects.
[“SINCE”] the Services are being performed as part of an applicable “public works” or “maintenance”
project, as defined by the Prevailing Wage Laws, and [“SINCE” ] the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of
this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to execute the Services available to interested parties
upon request, and shall post copies at the Contractor’s principal place of business and at the project
site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
[WEST COAST ARBORIST INC.]
Page 12
45635.01000\8520199.1
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those services which have been adequately rendered to City, and Contractor shall be entitled
to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other information
within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated.
3.5 General Provisions
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONTRACTOR:
[West Coast Arborist Inc.]
[2200 E. Via Burton St.]
[Anaheim, CA. 92806]
Attn: [Patrick Mahoney, President]
CITY:
City of Azusa
P.O. Box 880
Azusa, CA 91711
Attn: [Ross Montes, Recreation and Family Services Department]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
[WEST COAST ARBORIST INC.]
Page 13
45635.01000\8520199.1
3.5.2 Indemnification
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or
omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in
connection with the performance of the Contractor’s Services, the Project or this Agreement,
including without limitation the payment of all consequential damages, expert witness fees and
attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited,
to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with legal
counsel chosen by the City and at Contractor’s own cost, expense and risk, any and all claims, suits,
actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or
instituted against City or its directors, officials, officers, employees, volunteers or agents. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors,
officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other
proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its
directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or
other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs,
including expert witness fees. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and/or volunteers, 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 survive expiration or termination of this Agreement, and shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or
volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Los Angeles County. In
addition to any and all contract requirements pertaining to notices of and requests for compensation
or payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing
any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon
the Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been
followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite
contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred
from bringing and maintaining a valid lawsuit against the City.
[WEST COAST ARBORIST INC.]
Page 14
45635.01000\8520199.1
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.9 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel, or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the
Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
[WEST COAST ARBORIST INC.]
Page 15
45635.01000\8520199.1
employed nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or
shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s
Filing Officer as required under state law in the performance of the Services. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term of
this Agreement, no member, officer or employee of City, during the term of his or her service with
City, shall have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary, appropriate
or convenient to attain the purposes of this Agreement.
3.5.15 Attorney’s Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney’s fees and all other costs of such action.
3.5.16 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.19 Federal Provisions.
[SIGNATURES ON NEXT PAGE]
[WEST COAST ARBORIST INC.]
Page 16
45635.01000\8520199.1
CITY OF AZUSA WEST COAST ARBORIST INC.
By: By: ___________________________
Joseph Rocha, Mayor Patrick Mahoney, President
Attest:
City Clerk
Approved as to Form:
Best Best & Krieger LLP By:
Richard Mahoney, Asst. Secretary
City Attorney
45635.01000\8520199.1 A-1
EXHIBIT “A”
SCOPE OF MAINTENANCE SERVICES
Tree Maintenance Requirements
The City Park Divisions current tree population is 11,799 trees with an additional 2,503 vacant
planting sites. In addition the scope includes all public and private trees living within the City’s
Electric Division Right of Ways (ROW). The tree total is spread evenly throughout the city, and the
city encompasses a total of (10) square miles.
The Contractor will be required to perform and maintain the proposed tree maintenance work in a
thorough and complete manner. The contractor shall base their proposal on all services listed on
the Contract Pricing Bid Sheet. Exhibit F.
- Grid Trimming
- Service Request Trimming
- Crown Reduction
- Utility Line Clearance
- Young Tree Care
- Palm Tree Trimming
- Tree Removal
- Stump Removal
- Tree Planting
- Watering
- Crew Rental
- Emergency Crew Rental
- Arborist Services
- Tree Maintenance and Inventory Software (Park Division))
- Tree Maintenance and Inventory Software (Electric Division)
All City street, park, parkway, median and City parking lot trees will be trimmed at a minimum of
once every four (4) years.
All palm trees will be trimmed annually with an aerial boom, no spike climbing will be permitted.
Deviations from this schedule are listed below. All tree maintenance will be performed by the
Contractor in a thorough and professional manner to the City’s satisfaction. The Contractor shall
furnish and provide all necessary labor, tools, implements, equipment, materials, and supplies to
fulfill work duties.
Quality of Work
All Work shall be performed to the satisfaction of the Park Supervisor/Electric Operations
Supervisor or his/her representative. The Park Supervisor/Electric Operations Supervisor or
representative will inspect all operations on a daily basis, and approve or reject the work
performed and/or methods used.
Contractor shall endeavor to maintain good public relations at all times. The work shall be
conducted in a manner which will cause least amount of interference or annoyance to the public.
45635.01000\8520199.1 A-2
Work shall be performed by competent employees and supervised by an experienced supervisor
who speaks fluent English and is experienced in tree maintenance operations. Contractor will be
responsible to see that all operations are completed in a safe, responsible manner, and any
damage to property will be resolved in a timely manner.
Contractor shall exercise all necessary precautions 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 contacting
Underground Service Alert (USA).
Pruning Standards and Specifications
All work shall conform to the pruning standards of the International Society of Arboriculture and
the ANSI A300-1995 standards for tree maintenance. In all cases, the City’s representative shall
inspect and determine conformance and acceptability of trees maintained be the Contractor.
Contractor shall comply with Standards set forth by CAL OSHA and the ANSI Z133 safety requirement
at all times. Contractor shall post “Temporary No Parking” signs 48 hours in advance of any tree
work. Small staples or tape is acceptable for notice, no nails. All posting material will be removed
when work is completed.
The four year trim cycle will be adhered to, through the mapping of pre-determined areas or
“districts”. Each “district” contains approximately 2,400 trees in various DBH sizes and heights. You
will find an example of size frequency, and height frequency under Exhibit H.
Palm tree trimming shall not remove any more green fronds whereby the crown has an upward 30
degree angle to 45 degree angle in relation to a horizontal plane. All dead and loose material shall be
removed from palm but not to include skinning of the palm unless specified. Spike climbing will not
be permitted unless tree is being removed.
Clearance trimming shall consist of crown raising to fifteen (14) feet over the roadway and nine (9)
feet over walkways and property. Maintenance trimming will remove all dead, broken, damaged,
diseased or insect infested limbs back to a safe area of the tree, not creating a stub. All cuts shall be
clean, void of tearing, or cracking, or splitting. Cutting whole limbs to the Branch Bark Ridge (BBR) is
most acceptable or pruning back to a lateral no less than one third (1/3) of the original branch.
No Gaffs, Spurs, Hooks or Tree Climbers shall be used in the pruning of trees, but are allowed in the
removal of trees. Any vine plant growing on trees will be cut to ground level, without causing injury
to said tree. Contractor shall maintain one (1) bilingual (English and Spanish) speaking foreman on
site at all times. When trimming fungus, diseased, blighted, or infected limbs or fronds, all pruning
tools shall be sterilized between cuts. Contractor may use a torch, Lysol, Bordeaux, or bleach.
Topping, pollarding, heading back, or stubbing shall not be allowed without approval from the City.
Removal of all trimmings shall be part of the work. Furthermore, cleanup of branches, logs, and all debris
resulting from tree removal or pruning shall be completed to the satisfaction of the City. At no time is
it permissible to have an area of accumulated brush, logs, branches or other material so as to be
45635.01000\8520199.1 A-3
considered a public hazard or unsafe to the general public on the pedestrian right of way or blocking
the roadway so as to be impassable. Contractor shall abide by all proper traffic regulations
pertaining to impeding the flow of traffic be it vehicular or pedestrian unless an emergency.
Utility Line Clearance
All primary Lines will have a minimum of 4’ radial clearance.
All secondary bus (pole to pole) minimum 2’ clearance.
All service drops to structures will be cleared if branches are altering the direction of the wires.
Climbing spaces on poles will be cleared.
Ivy removal on poles will be cleared at crew rental rate.
Street light heads will be cleared.
Any tree removals will be authorized by Electric Operations Supervisor.
Contractor to provide map and list of trees in inventory per circuit.
Contractor will trim by circuit.
Specifications for Specialized Trimming
Branches blocking street lights, traffic signs, and street signs shall be pruned back to allow visibility.
Where limbs are carrying too much mass and have the potential for breakage, branch shall be
thinned out to reduce such weight. Wherever possible, trees located below telephone lines shall be
trimmed so that the crowns remain at least one foot under telephone wires. Low hanging branches
shall be pruned to a height above the street at street clearance height of fourteen (14) feet.
Tree Removal Specifications
Tree removal is as much a part of the maintenance of the Urban Forest as is pruning and
planting. Therefore, tree maintenance, including tree removal, should fall under similar
guidelines. All removals shall be conducted in good workmanlike manner in accordance with
the standards of the arboriculture profession. The Contractor shall be responsible for
contacting Underground Service Alert (USA) for the location of underground utilities prior to
commencing any tree removal and stump grind thereof.
Loading and Transporting
All tree parts are to be loaded into transport vehicles. The vehicles must have the front and sides
solid and the tip and rear will be tarped or otherwise tightly enclosed. The transportation of tree
material must be made so that no debris escapes during the transport. All branches, sucker
growth, bark and wood that are chipped or ground are to be covered and hauled away to the
disposal site during the workday.
Removal of Stumps and Surface Roots
All tree stumps must be removed to a depth of at least eighteen (18) inches below the lowest soil
adjacent to the stump, or until deeper root material is no longer encountered. The Contractor shall
grind the stump to a minimum distance of One and a half (1 ½) feet on either side of the outer
circumference of the stump, or until surface roots are no longer encountered.
Stumps should be ground well enough below the ground level whereby re-planting can be
accomplished within the same area. All stumps shall be ground within forty eight (48) hours of
tree removal.
45635.01000\8520199.1 A-4
Young Tree Care
This is to include corrective pruning, restaking of trees as needed, removal of stakes if needed.
Ground Stump Material
Stumps ground out can leave depressions. It is the responsibility of the Contractor to leave
enough material from the stump grinding to maintain a safe ground level. The resultant chip
material may be in excess of no more than two (2”) above ground level to accommodate the
decomposition of said material to level ground. Any damages incurred to pavement, hardscape,
and other property shall be repaired by the Contractor to the satisfaction of the City.
Disposal of Tree Material
All wood material is the property of the Contractor and shall be disposed of away from the site area.
No wood shall be left along the street right-of-way.
Tree Planting
Tree planting by the Contractor will include the tree, two tree stakes, four tree ties and complete
installation of tree. Contractor will guarantee the life of the tree for a period of ninety (90) days,
excluding vandalism and extreme weather conditions.
Planting pit shall be dug twice the width and the same depth of the root ball. Tree shall be in good
health and vigor, and free of injury. Tree shall be placed in the planting pit with its original growing
level (trunk flare) at the same height or slightly higher than the surrounding ground level. Backfill
material should be at least 90% native soil and compacted well enough to hold tree firmly in place
without the aid of stakes. Planted trees shall have a basin formed around the outside edge of root
zone in order to hold a satisfactory amount of water (5+ gallons). All trees shall be staked with two
(2) wooden lodge pole stakes. Depending on size of tree, these can be eight (8’) or (10’) feet long.
Stakes shall be placed outside the root ball, and four (4) tree ties shall hold tree in place in two (2)
locations of tree. All trees will be planted with root barriers unless otherwise specified.
Tree Maintenance and Inventory Software
The City of Azusa currently utilizes Arbor Access On-Line (proprietary) as an urban forestry
management tool and will require an approved equivalent system. The City will require a detailed
demonstration prior to award of the contract. The City must be shown features, capabilities, and
limitations of such a proposed system and presentation of how information will be compatible based
on City needs. Contractor shall be required to provide online access to their urban forestry
management maintenance program that includes but is not limited to work order tracking, ability to
send online work requests for service such as trimming, planting, and removal, municipal tree
inventory, value of the urban forest, job balance, species height, DBH, and regularity. The program
must have Global Positioning System (GPS) accessibility. The Contractor will have three months from
July 1, 2016 to complete their own tree inventory with necessary information and GPS coordination.
Scheduling of Work
The Contractor shall accomplish all tree work required under this contract between the hours of 7:00
AM and 5:00 PM, Monday through Friday. No maintenance functions that generate excessive noise
45635.01000\8520199.1 A-5
which would cause annoyance to residents of the area shall be commenced before 7:00 AM. The
Contractor shall assign a competent supervisor, who shall be a current ISA Certified Arborist, to be
on the job site at all times work is being performed, and who must be capable of discussing matters
pertaining to this contract with the Park Supervisor or representative. ISA Certified Tree Workers
shall be employed as crew members of each crew designated to work in the City.
Safety Requirements
All work performed under this contract shall be performed in such a manner as to provide safety to
the public and to follow the safety standards set forth by CAL OSHA. The Park Supervisor reserves the
right to issue restraint or cease and desist orders to the contractor when unsafe or harmful acts are
observed or reported relative to the performance of the work under this contract.
Contact
The Contractor shall maintain a company representative who can be reached during normal
working hours, authorized to discuss matters pertaining to this contract with the Park Supervisor or
representative. The contractor will also provide an after-hours number for those emergencies that
run beyond the scope of what the City can maintain.
Licenses and Permits
The Contractor shall, without additional expense to the City, obtain all licenses and permits
required for the performance of the work required by this contract.
Responsibility of Work
The Contractor shall be responsible for all damages to people and/or property that occur as a result of
the fault or negligence of said contractor or his employees in connection with the performance of this
work.
Hazardous Conditions
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting
from his operations. Any hazardous condition noted by the contractor, which is not a result of his
operations shall immediately report this to the Parks Division at 626-812-5260 or 626-812-5259.
Failure to Perform Satisfactorily
It is agreed and understood that if the contractor fails to perform the work as specified herein, the
Park Supervisor/Utility Operations Supervisor may (1) consent to accept such unsatisfactory service
with an appropriate adjustment in the contract price, based on established factor, or (2) may have
such corrections made by City forces or otherwise, and charge the cost thereof to the contractor.
Those discrepancies and deficiencies in the work that remain uncorrected after the date set for
correction may be the necessary justification for a billing adjustment. Unless otherwise negotiated,
adjustment for this uncorrected work shall be retention of the cost for the tree work involved.
If the Contractor, after having officially started said contract, should discontinue work for any cause,
shall notify the Park Supervisor/Utility Operations Supervisor or representative of his intent to do so,
and shall further notify the Park Supervisor/Utility Operations Supervisor or representative of the
date of restarting operations.
45635.01000\8520199.1 A-6
Report stoppage of work to:
PARK DIVISION
Ross Montes,
Park Supervisor
320 N. Orange Pl.
Azusa, Ca. 91702
(626) 812-5260
rmontes@ci.azusa.ca.us
ELECTRIC DIVISION
Dan Kjar,
Electric Operations Supervisor
1020 W. Tenth St.
Azusa, Ca. 91702
(626) 812-5216
dkjar@ci.azusa.ca.us
End of Scope of Work/Tree Maintenance Standards
45635.01000\8520199.1 B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
45635.01000\8520199.1 C-1
EXHIBIT “C”
BONDS
EXHIBIT "D"
ATTACHMENT 2
ATTACHMENT 3