HomeMy WebLinkAboutF-20 Staff Report - Award Tree Maintenance ContractCONSENT ITEM
F-20
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: JUNE 21, 2021
SUBJECT: ACCEPT BID AND AWARD CITYWIDE TREE MAINTENANCE CONTRACT FOR
PARK, PARKWAYS, MEDIAN ISLANDS AND UTILITY RIGHT OF WAY TREES
BACKGROUND:
The City currently contracts with a third party contractor for Citywide Tree Maintenance for both Public
Works park and right-of-way tree maintenance and Azusa Light & Water Department (ALW) power line
tree clearance. On May 6, 2019 the City Council approved a two-year extension with West Coast
Arborists, Inc. which is set to expire on June 30, 2021. This action approves the award to West Coast
Arborists, Inc. as the lowest responsible bidder in the amount of $953,376 per year. The three-year
contract would commence on July 1, 2021 and run through June 30, 2024. Two one-year extension
options are available at the City’s discretion.
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1)Accept Bid and Award a contract for Citywide Tree Maintenance Program to West Coast
Arborists, Inc. for a three-year term, with two one-year extension options, in the amount of
$953,376 per year; and
2)Authorize the City Manager to execute a contract for Tree Maintenance Services, in a form
acceptable to the City Attorney, with West Coast Arborists, Inc.
ANALYSIS:
On May 17, 2021, City Council approved specifications and authorized staff to proceed with the formal
bidding process for the aforementioned contract. The formal bidding was held on June 10, 2021 with
one (1) company submitting a bid. The bid results were as follows:
1. West Coast Arborists, Inc., in the amount of $953,376 per year
APPROVED
CITY COUNCIL
6/21/2021
Tree Maintenance Contract
June 21, 2021
Page 2
It is recommended that the City Council accept the bid and award the contract for the Citywide Tree
Maintenance Program to West Coast Arborists, Inc. (WCA) for a three-year term July 1, 2021 - June 30,
2024, with two one-year extension options. WCA has continued to provide exemplary service to the
City’s urban forest for twenty (20) years.
FISCAL IMPACT:
Funds have been budgeted respectfully in the proposed 2021-2022 fiscal year operating budget of the
Public Works Department and Azusa Light and Water. These funds can be found as follows:
•General Fund, Account Number 10-25-420-000-6493
•Gas Tax, Account Number 12-25-420-000-6493
•Community Funded District, Account Number 37-25-420-055-6493
•Public Benefit Fund, Account Number 24-40-7390-8266-25/RSTREE-6625
•Distribution Maintenance – Overhead Lines, Account Number 33-40-735-930-6493
Prepared By: Reviewed and Approved:
Robert Delgadillo, P.E. Sergio Gonzalez
Director of Public Works/City Engineer City Manager
Attachments:
1)Citywide Tree Maintenance Program Contract
2) Proof of Publication
45635.01000\8520199.1
CITY OF AZUSA
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 21st day of June, 2021 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 Arborists, 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
MAINTNEANCE 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, 2021 to June 30,
2024, 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. The
Parties may, by mutual, written consent, extend the term of this Agreement if necessary to
Attachment 1
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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 ROBERT DELGADILLO,
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER, 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 PATRICK
MAHONEY, PRESIDENT, 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.
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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
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performs any work 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
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requirements (including in 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.
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(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.
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(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 required to be named as additional
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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
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deductibles or 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.
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3.2.13 Bonds.
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)
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years from the date of 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 “C” attached hereto and incorporated herein by reference. The total compensation
shall not exceed NINE HUNDRED FIFTY THREE THOUSAND THREE HUNDRED SEVENTY SIX
DOLLARS ($953,376) without written approval of the CITY COUNCIL. 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.
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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 Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Attn: Patrick Mahoney, President
CITY:
City of Azusa
P.O. Box 880
Azusa, CA 91711
Attn: Robert Delgadillo, Public Works
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.
3.5.2 Indemnification
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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.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
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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
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
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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.
[SIGNATURES ON NEXT PAGE]
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45635.01000\8520199.1
CITY OF AZUSA WEST COAST ARBORISTS, INC.
By: By:
Robert Gonzales, Mayor
Name:
Attest:
Title:
City Clerk
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form:
Best Best & Krieger LLP By:
Name:
City Attorney
Title:
45635.01000\8520199.1
A-1
EXHIBIT “A”
SCOPE OF MAINTENANCE SERVICES
[INSERT NAME OF COMPANY]
Page 44 of [INSERT LAST PAGE NUMBER OF AGREEMENT]
44
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.
[INSERT NAME OF COMPANY]
Page 45 of [INSERT LAST PAGE NUMBER OF AGREEMENT]
45
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.
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
[INSERT NAME OF COMPANY]
Page 46 of [INSERT LAST PAGE NUMBER OF AGREEMENT]
46
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 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.
[INSERT NAME OF COMPANY]
Page 47 of [INSERT LAST PAGE NUMBER OF AGREEMENT]
47
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.
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.
[INSERT NAME OF COMPANY]
Page 48 of [INSERT LAST PAGE NUMBER OF AGREEMENT]
48
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 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.
[INSERT NAME OF COMPANY]
Page 49 of [INSERT LAST PAGE NUMBER OF AGREEMENT]
49
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.
Report stoppage of work to:
PARK DIVISION
Roy Chavez,
Park Superintendent, Park Operations
320 N. Orange Pl.
Azusa, Ca. 91702
(626) 812-5260
rchavez@azusaca.gov
ELECTRIC DIVISION
Dave Patterson,
Electric Operations Supervisor
1020 W. Tenth St.
Azusa, Ca. 91702
(626) 812-5216
dpatterson@azusaca.gov
End of Scope of Work/Tree Maintenance Standards
45635.01000\8520199.1
B-1
EXHIBIT “B”
SCHEDULE OF MAINTENANCE SERVICES
EXHIBIT “C”
BONDS
San Gabriel Valley Tribune
Affiliated with SGV Newspaper Group
605 E. Huntington Dr., Suite 100
Monrovia, CA 91016
626-962-8811 ext. 40891
CITY OF AZUSA/CITY CLERK
ATTN: RUBY
213 E. FOOTHILL BLVD
AZUSA, CA 91702
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
5007657
0011464900
Publication Dates:
Publication:San Gabriel Valley Tribune
05/26/2021, 06/01/2021
Total Amount:$992.00
Payment Amount:$0.00
Amount Due:$992.00
r.LP15-05/17/17 1
Attachment 2
Invoice Text:CITY OF AZUSA
NOTICE INVITING BIDS
The City of Azusa ("City") will receive sealed bids for the "Citywide Tree Maintenance Program" at the office of the
City Clerk, City Hall, 213 E. Foothill Blvd., Azusa, CA 91702 no later than June 10, 2021 at 10:00 A.M. at which time
or thereafter said bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be
valid for 90 calendar days after the bid opening date.
Bids must be submitted on the City's Bid Forms.
Bidders may obtain a hard copy of the Complete Bid Package from the Recreation & Family Services office at 320 N.
Orange Place, Azusa, California 91702 for a non-refundable charge of $20.00
Bids must be accompanied by cash, a certified or cashier 's check, or a Bid Bond in favor of the City in an amount not less
than ten percent (10%) of the submitted Total Bid Price.
Due to the ongoing COVID-19 pandemic, there is no mandatory Pre- Bid Meeting.
Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion affidavit, the list of
proposed subcontractors, and all additional documentation required by the Instructions to Bidders.
The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid,
and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured
from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section
995.120, and is admitted by the State of California.
Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds
withheld by City to ensure his performance under the Contract.
The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which
this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to
the successful bidder, copies of which are on file and will be made available to any interested party upon request at the
City Clerk's Office or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder
at the job site. The successful bidder and all subcontractor(s) under him shall comply with all applicable Labor Code
provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers
employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment
of contractors and subcontractors.
Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the
following appropriate classification(s) of contractor 's license(s), for the work bid upon, and must maintain the license(s)
throughout the duration of the Contract: C-61/D-49 Tree Service and C27 for applicable subcontractors.
Award of Contract: The City shall award the Contract for the Project to the lowest responsible bidder as determined from
the base bid alone by the City. The City reserves the right to reject any or all bids or to waive any irregularities or
informalities in any bids or in the bidding process.
For further information, contact Roy Chavez at (626) 812-5259
Dated: May 24, 2021
/s/ Jeffrey Lawrence Cornejo, Jr., City Clerk
Published San Gabriel Valley Tribune, May 26, 2021 & June 1, 2021
Ad#11464900
r.LP15-05/17/17 2
Signature
Legal No.
San Gabriel Valley Tribune
Affiliated with SGV Newspaper Group
605 E. Huntington Dr., Suite 100
Monrovia, CA 91016
626-962-8811 ext. 40891
I am a citizen of the United States, and a resident of the
county aforesaid. I am over the age of eighteen years and
not a party to or interested in the above-entitled matter. I
am the principal clerk of the printer of SAN GABRIEL
VALLEY TRIBUNE, a newspaper of general circulation for
the City of West Covina, by the Superior Court of the
County of Los Angeles, State of California, on the date of
September 10, 1957, Case Number 684891. The notice, of
which the annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to wit:
05/26/2021, 06/01/2021
I declare under the penalty of perjury that the foregoing is
true and correct.
Executed at Monrovia, LA Co. California
On this 17th day of June, 2021.
(Space below for use of County Clerk Only)
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
00114649005007657
CITY OF AZUSA/CITY CLERK
ATTN: RUBY
213 E. FOOTHILL BLVD
AZUSA, CA 91702
r.LP15-05/17/17 1