Loading...
HomeMy WebLinkAboutWest Coast Arborists; 2004-04-02;AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR TREE TRIMMING SERVICES West Coast Arborists Inc. PWGS239 Ttys^Amend merit No. 5 is entered into and effective as of the C- _ day of _, 2009, extending and amending the agreement dated April 2, 2004 (the^'Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and West Coast Arborists Inc., ("Contractor") (collectively, the "Parties") for Tree Trimming Services, (PWGS239). RECITALS A. On March 30, 2005, the Parties executed Amendment No.1 to the Agreement to extend and fund the Agreement for a one-year period; and B. On March 17, 2006, the Parties executed Amendment No. 2 to the Agreement to extend and fund the Agreement for a one-year period; and C. On March 19, 2007, the Parties executed Amendment No. 3 to the Agreement to extend and fund the Agreement for a one-year period; and D. On February 12, 2008 the Parties executed Amendment No. 4 to the Agreement to extend and fund the Agreement for a one-year period; and E. The Parties desire to extend and fund the Agreement for a period of one hundred and twenty calendar days ending on June 30, 2009. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 120 calendar days ending on June 30, 2009. With this Amendment, the total Agreement amount shall not exceed Thirty-three Thousand Four Hundred dollars ($33,400). 2. Contractor will complete all work described in the Agreement by June 30, 2009. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By: (sign here) Patrick Mahoney, President (print name/title) pmahoney@wcainc.com (e-mail address) ^ (sign here) Richard Mahoney, CITY OF corporation df the By: 4^ptty^ ATTEST: LORRAINE City Clerk ecretary (print name/title) rmahoney@wcainc.com (e-mail address) )• -n i If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: Deputy City Attorney City Attorney Approved Version #05.22.01 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR TREE TRIMMING SERVICES West Coast Arborists Inc. PWGS239 This Amendment No. 4 is entered into and effective as of the p>£ _ day of , 2008, extending and amending the agreement dated__ _ April 272004 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and West Coast Arborists Inc., ("Contractor") (collectively, the "Parties") for Tree Trimming Services, (PWGS239). RECITALS A. On March 30, 2005, the Parties executed Amendment No.1 to the Agreement to extend and fund the Agreement for a one-year period; and B. On March 17, 2006, the Parties executed Amendment No. 2 to the Agreement to extend and fund the Agreement for a one-year period; and C. On March 19, 2007, the Parties executed Amendment No. 3 to the Agreement to extend and fund the Agreement for a one-year period; and D. The Parties desire to extend and fund the Agreement for a period of one-year ending on April 1, 2009; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed One Hundred Thousand dollars ($100,000). 2. Contractor will complete all work described in the Agreement by April 1, 2009. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By: 3n here) Patrick Mahoney, President (print name/titlejf pmahoney@wcainc.com (e-mail address) (sign here) Richard Mahonev. Asst. Secretary (print name/title) rmahoney@wcainc.com (e-mail address) CITY OF corporatio By: unicipal 'rnia ATTES LORRAINE M. WOOD If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEE 1. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of the agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. 2. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision, City reserves the right to implement BMPs to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 3. Contractor may increase unit prices by 1.4% effective April 2, 2008 as mutually agreed. New rates will be $43.00 per staff hour for labor to provide tree maintenance services and $129.00 per crew hour for labor for a 3-man crew to provide tree maintenance services. (See attached letter.) City Attorney Approved Version #05.22.01 www.WCAINC.comTree Care Professionals Serving Communities Who Care About Trees January 25, 2008 City of Carlsbad ATTN: Kyle Lancaster, Parks Superintendent 405 Oak Ave. Carlsbad, CA 92008-3009 RE: TREE MAINTENANCE CONTRACT Dear Mr. Lancaster, We sincerely appreciate the work you have provided during this past year to help make this venture a success for the citizens of Carlsbad. Since 2004, we have worked with the City to develop a "team effort" approach in the care of the Cities' urban forest. The initial term of the agreement for tree maintenance services between WCA and the City is for one year with the option to extend for four additional years on a year-to-year basis upon mutual consent through April 2, 2009. The purpose of this letter is to express our interest in extending the term of the Agreement with a price increase for contract year 2008- 2009. Because of the increasing costs of fuel, insurance and wages, we respectfully request a unit price increase by 1.4% effective April 2, 2008. I've attached our proposed Schedule of Prices with this adjustment. We appreciate your consideration in this matter and look forward to continuing a successful business relationship with the City of Carlsbad. Should you have any questions or require additional information, please do not hesitate to call me at (800) 521-3714. Sincerely, Victor M. Gonzale Vice President - Director of Marketing West Coast Arborists, Inc. Anaheim, CA 92806 14.991.190C City Attorney Approved Version #05.22.01 Tree Care Professionals Serving Communities Who Care About Trees www.wCAlNCcom City of Carlsbad Schedule of Compensation Tree Maintenance Services | Item) Description j [ Unit | '">••*„" j-r=S -_.•" 1 Labor to provide tree maintenance Per man hour services. Price includes equipment, and all handtools. 2 3-man crew w/ equipment & tools Per Crew Hour Current Price Proposed Price for 2008-2009 ^ " ^ -' ~ - ~= $ 42.40 $ 127.20 $ 43.00 $ 129.00 The proposed price reflects a 1.4% increase rounded to the nearest tenth of a dollar. 2200 E. Via Burton Street • Anaheim, CA 92806 West Coast Arborists, Inc. City Attorney Approved Version #05.22.01 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR TREE TRIMMING SERVICES WEST COAST ARBORISTS INC. This Amendment No. 3 is entered into and effective as of the / y day of , 200^]_, extending and amending the agreement dated_ _ _ April 2, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and West Coast Arborists, Inc., ("Contractor") (collectively, the "Parties") for Tree Trimming Services. RECITALS A. On March 30, 2005, the Parties executed Amendment No. 1 to the Agreement to Extend and fund the Agreement for a one-year period; and B. On March 17, 2006, the Parties executed Amendment No. 2 to the Agreement to Extend and fund the Agreement for a one-year period; and C. The Parties desire to extend and fund the Agreement for a period of one-year. D. The Parties have negotiated and agreed to a supplemental fee schedule, which is attached to and incorporated in by this reference as Exhibit "A". NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . That the Agreement, as may have been amended from time to time, is hereby extended for a period of One Year ending on April 2, 2008 on a time and materials basis not-to- exceed One Hundred Thousand dollars ($100,000.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. Contractor will complete all work described in the Agreement by April 2, 2008. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By: (sign here) Patrick Mahoney, President (print name/title) pmahoneytjjwcainc.com (e-mail address) Rose &pp yffson, Asst. Secretary (print name/title) repperson@wcainc.com CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor ATTEST: VINE M. WOOD City Clerk (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: eputy City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" AMENDMENT NO. 3 TO TREE TRIMMINING SERVICES Due to rising costs since entering into the Agreement with the City three years ago, the Contractor has requested and increase in compensation. The City and Contractor have negotiated and agreed upon a six percent (6%) increase in compensation, effective for one year. The six percent (6%) increase has been calculated and averaged over the previous three year period, and found to be well within the Consumer Price Index for San Diego County. City Attorney Approved Version #05.22.01 EXHIBIT "A" Tree Care Professionals Serving Communities Who Care About Trees February 23, 2007 www.WCAINC.com City of Carlsbad ATTN: Kyle Lancaster, Parks Superintendent 405 Oak Ave. Carlsbad, CA 92008-3009 RE: TREE MAINTENANCE CONTRACT Dear Mr. Lancaster, West Coast Arborists (WCA) is pleased to provide tree maintenance services to the City of Carlsbad during the past three years. Since 2004, our top priority has been, and will continue to be, ensuring the citizens of Carlsbad with consistent quality urban tree care service. The initial term of the Agreement for tree maintenance services between WCA and the City was for one year period, expiring April 1, 2005. The City, with the Contractor's concurrence, has the option to renew the Agreement for four (4) additional years in one-year increments. The purpose of this letter is to express our interest in extending the contract for one year with an increase in price. The current unit prices were established in 2004 under the original Agreement and we have held firm our commitment to honor these prices without an increase. Due to recent economic developments, the cost of doing business continues to rise. Labor, fuel, wages and insurance costs have increased significantly over the past few years and although we have tried to minimize the impact of these changes, we cannot continue to absorb these cost increases. As a result, we respectfully request an increase of 6.0% effective April 2, 2007, and good through April 1, 2008. Attached for your review is our proposed Schedule of Compensation. We appreciate your consideration in this matter and look forward to continuing a successful business relationship with the City of Carlsbad. Should you have any questions or require additional information, please do not hesitate to call me at (800) 521-3714. Sincerely, Victor M. Gonzalea Vice President -.Director of Marketing West Coast Arborists, Inc. 2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.371 EXHIBIT "A" City of Carlsbad Schedule of Compensation Tree Maintenance Services |ltem| Description | | Unit | Current Price Proposed Price for 2007-2008 1 Labor to provide tree maintenance services. Price includes equipment, and all hahdtools. 2 3-maji Crew w/ equipment & tools Per man hour Per Crew Hour $ 40.00 $ 120.00 $ 42.40 $ 127.20 The proposed price reflects a 6% increase rounded to the nearest tenth of a dollar. The current price has been in effect since April 2, 2004. AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR TREE TRIMMING SERVICES WEST COAST ARBORISTS INC. This (Amendment No. 2 is entered into and effective as of the '^ day of , 200^ , extending and amending the agreement dated April 2, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and West Coast Arborists, Inc., ("Contractor") (collectively, the "Parties") for Tree Trimming Services. RECITALS A. On March 30, 2005, the Parties executed Amendment No. 1 to the Agreement to Extend and fund the Agreement for a one-year period; and B. The Parties desire to extend and fund the Agreement for a period of one-year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1 . That the Agreement, as may have been amended from time to time, is hereby extended for a period of One Year ending on April 2, 2007 on a time and materials basis not-to- exceed One Hundred Thousand dollars ($100.000.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. Contractor will complete all work described in the Agreement by April 2, 2007. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By:M L^_, (sign here) Patrick Mahonev. President (print name/title) nr . com (print name/title) repperson@wcainc . com (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California By: ' £'ty Manager or Mayor ATTEST: LOKRAIN City Clerk ''"n*\\^ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. 'Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 AMENDMENT NO.l TO EXTEND AND AMEND AGREEMENT FOR TREE TRIMMING SERVICES WEST COAST ARBORISTS INC. ment No.1 is entered into and effective as of the 3% day of , 200c, extending and amending the agreement dated April 2, 2004 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and West Coast Arborist, (“Contractor“) (collectively, the “Parties”) for Tree Trimming Services. A. The Parties desire to extend and fund the Agreement for a period of One Year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of One Year ending on April 2, 2006 on a time and materials basis not-to- exceed One Hundred Thousand dollars ($1 00,000.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. Contractor will complete all work described in the Agreement by April 2, 2006. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. ... ... ... ... ... ... ... 1 City Attorney Approved Version #05.22.01 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR /> *By: ladc-l;l (sign here) Patrick Mahonev, Presiden (print nameltitle) npv@w- Mail address) CITY OF CARLSBAD, a municipal corDoration of the State of California ATTEST: LORRAINE M. WOm City Clerk Rose Epperson, Assistant Secretary (print nameltitle) repperson@wcainc.com (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: , 'Deputy City Attoryey 2 City Attorney Approved Version #05.22.01 AGREEMENT FOR TREE TRIMMING SERVICES THIS AGREEMENT is made and entered into as of the 2nd day of , 2004, by and between the CITY OF CARLSBAD, a municipal Ami\ corporation, ("City"), and West Coast Arborists Inc, a corporation ("Contractor"). RECITALS A. trimming services. B. advice related to tree trimming services. C. fashion. D. to perform such work. City requires the professional services of a Contractor that is experienced in tree Contractor has the necessary experience in providing professional services and Selection of Contractor is expected to achieve the desired results in an expedited Contractor has submitted a bid to City and has affirmed its willingness and ability NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. TERM - 3. The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for four additional one year periods or parts thereof in an amount not to exceed one hundred thousand dollars ($100.000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. Either the City or Contractor may decline confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void. 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed one hundred thousand dollars ($100,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City 1 City Attorney Approved Version #04.01.02 reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the. subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. PREVAILING WAGE Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. IO. INDEMNIFICATION Contractor agrees to indemnify and and volunteers from and against all fees arising out of the performance hold harmless the City and its officers, officials, employees claims, damages, losses and expenses including attorneys of the work described herein caused in whole or in part by City Attorney Approved Version #04.01.02 2 any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 11.1 Coveracaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 11.1.3 Workers' ComDensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 3 City Attorney Approved Version #04.01.02 1 1.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 1.2.1 The City will be named as an additional insured on General Liability. 1 I .2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Agreement, Contractor will furnish certificates of insurance and endorsements to City. Providina Certificates of Insurance and Endorsements. Prior to City's execution of this 11.4 Failure to Maintain Coverase. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version #04.01.02 4 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: For Contractor: Name Fred Burnell Name Patrick Xahnney Title Public Works Supervisor Title Presidevt Department PW Parks Maintenance Address 2200 E. Via Burton St. Address 1166 Carlsbad Villaae Dr Anahein, CA 92806 Carlsbad CA 92008 Phone No. (760) 434 2985 Phone No. 800-521-3714 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 5 City Attorney Approved Version M4.01.02 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false City Attorney Approved Version #04.01.02 6 claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 7 City Attorney Approved Version M4.01.02 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California BY: fd& (sign here) I City Manager or Mayor Patrick Nahoney, PSesident -(print namehitle) Ass is tax t Rose Emerson, Treasurer (print name/title) AlTEST: If required by City, proper notarial acknowledgment of executiofi by contractor must be attached. If a Coworation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BAL-@ Attorney By: -beputy CiqAttorney City Attorney Approved Version W4.01.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On March 3, 2004 beforeme, Victor M. Gonzalez, Notary Public , personally appeared Patrick Mahoney and Rose Epperson Date Name and mtle of Glficer (e.g., 'Jane Doe, Notary Public") Name($ 01 Sign@) [Ilpersonally known to me 0 proved to me on the basis of satisfactory evidence acknowledged to me that Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Agreement for Tree Trimming Services None Patrick Mahoney and Rose Epperson E Corporate Officer -Title(s): President and Treasurer Partner - Limited 0 General 0 Attorney-in-Fact Guardian or Conservator Signer 1s Representing: West Coast Arborists , Inc. 0 1999 National Notary Assmiation - 9350 De Sot0 Ave., PO. Box 2402 - Chatsworih. CA 91313-2402 * www.nalionalnolary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800876-6827 REQUEST FOR BID Exhibit aA" January 23,2004 BID NO. 04-11 DUE DATE: FEBRUARY 19,2004 11:oo AM FOR TREE TRIMMING SERVICES The City of Carlsbad is requesting bids for providing the City of Carlsbad with tree trimming services for the period from approximately April 1, 2004 to March 31, 2005 per the attached - specifications and conditions. Your bid must be submitted on this and the attached forms. Please review the entire bid Rackage before submitting your bid. Incomplete submis,sions may be rejected as non-responsive A mandatory pre bid meeting and tour of Site A and Site B will be held at at 1166 Carlsbad Village Drive, Carlsbad CA on February 4,2004 at 9:00 A. M. In accordance with the Carlsbad Municipal Code, awards shall be based on a best value evaluation. Criteria used for the evaluation will indude: cost, responsiveness to specifications, references, ability to provide services, consistency with current standards, implementation schedule, other qualifications and unspecified value-added offerings by the bidder. See attached documentation for details. The lowest bidder may not receive the award. The City reserves the right to reject any or all bids or any part of the bid, to waive minor defects or technicalities, or to solicit new bids on the same project or a modified project. Please read the insurance requirements and general provisions carefully, they are part of your bid. The following items must be submitted with your bid. Omissions may be cause to consider your bid non-responsive. Bidder's statement of financial responsibility Bidder's statement of technical ability and experience Copy of license for certified arborist on staff Bidder's statement of ability to provide services Bidder's statement of unspecified value-added offerings Bidder's statement of compliance with insurance requirements Hardy rate for tree trimming services $ 40.00 perman Total man hours to perform tree trimming setvices at Sie A Grand Ave - 11 trees (Ficus) 45 hours Total man hours to perform tree trimming services at Site B Lincoln Ave - 5 trees (Eucalyptus} 24 hours ** Please see attached Schedule of Compensation for additional prices THE CITY ENCOURAGES THE PARTlClPATlON OF MINORITY AND WOMEN-OWNED BUSINESSES. We will expect the successful bidder to sign a contract. A sample contract is attached. The final contract will include this request for bid and the successful bidder's response. Please do not execute the contract at this time. Pursuant to the Labor code of the State of California, it will be required that not less than the locally prevailing wage rates , as specified by the Director of Industrial Relations of the State of California, be paid to all workers employed or engaged in performance of this contract. OPTION TO RENEW The City may desire to exercise an option to renew the contract for four (4) additional one (1) year periods. The Ci proposes that such renewal be contingent on a mutual agreement between the City and the successful bidder herein, such agreement to be confirmed sixty (60) days prior to the termination of the contract period. Either the City or the bidder may at that time dedine to confirm the renewal of the Contract, for any'reason whatever, and such declination would render he renewal option null and void. Would the bidder accept an option to renew, subject to the above stated conditions? YES h/ . NO Direct questions concerning bid items to Fred Burnell at (760) 434-2985. Direct questions about the bidding process in general to Jim Sartorio at (760) 602-2467. READ THE ATTACHED GENERAL PROVISIONS CAREFULLY, THEY ARE A PART OF YOUR BID. firm West Coast Arborists, Inc. GUARANTEE OF GOOD FAITH REQUIRED: $ None (FAILURE TO SUBMIT City Anaheim, GUARANTEE OF GOOD FAITH WILL VOID THE BID. SEE PARAGWH 3, GENERAL state, Zip CA 97mi PROVISIONS.) PrintName Victor M. Gonzalez Signature Vi& M #m Telephone 800-521-3714 Date 2/18/04 ‘I SPECIFICATIONS FOR TREE TRIMMING SERVICE This is an annual contract for tree trimming services at various locations in right-of-ways, public grounds and parks in the City of Carlsbad from October 15, 2002 to October 14, 2003. Bids are to include equipment and operator. Successful bidder must have a certified arborist on staff. Work will normally be done in groups of 7 to 10 trees with occasional groups of 3 trees. Work will not begin before 7:OO A.M. The contractors will be responsible for all clean up including disposal of debris and limbs and traffic control during trimming operations. Approximately 75 to 100 trees will be trimmed during the year. Worked to be billed for actual time on the job. City will give contractor at least 48 hours notice. The contractor will be responsible for all traffic safety when performing work in the right-of-way, this includes the use of an approved Traffic Control Plan (TCP) issued by the Traffic Engineering Department. The contractor will be responsible for proper and adequate shielding of his equipment to prevent injury to persons or damage to public or private property, and will assume all liability should injury to persons or damage to property occur. All means necessary to barricade and otherwise property safeguard the immediate working area will be utilized by the contractor at all times. All equipment to be used by contractor must be properly guarded and shielded to protect operator and public. Prunina Specifications And Standards of Workmanship - The standards of workmanship shall conform to those recommended by the International Society of Arboriculture, the National Arborist Association, and the American National Standards Institute. No tree shall be cut in such a manner that its health or eventual safety shall be impaired, except in the process of tree removal. All final tree-trimming cuts shall be made in such a manner as to favor the earliest possible covering of the wound by natural callus growth. Cuts are to be made next to the collar ring. Sealant shall not be required. All tree removal, which includes the removal of dead, weak or hazardous trees, shall be cut at soil grade and shall include stump removal. Ropes shall lower large limbs and branches that would damage the tree while falling freely. Pruning is to be performed by tree workers who, through related training and on-the-job experience, are familiar with the techniques and hazards of this work including trimming, maintenance, repairing, and removal; and equipment used in such operations. Contractor shall employ individuals skilled in their trade and in the use of methods, tools, and equipment Page 1 of 3 developed in order to obtain the highest quality of workmanship throughout the project. Any person we may deem incompetent or disorderly must be promptly and permanently removed from this project by the Contractor Pruninq Mature Trees (Maintenance Pruning) - As trees mature, their need for structural pruning should decrease. Pruning should then focus on maintaining tree structure, form, health, and appearance by: I. Removing dead branches 2. Thinning to reduce weight and/or the windsail effect of large laterals, and 3. Maintaining inner branches. Pruning such as crown reduction, or shaping, is sometimes necessary if tree branches of foliage begin to interfere with surrounding improvements, such as buildings, utility wires, or paths. The types of pruning generally used in the industry are described below. Crown Cleaning - Crown cleaning, or cleaning out, is the removal of dead, dying, diseased, crowded, weakly attached, low-vigor branches, and water sprouts from a tree’s crown. Crown Thinninq - Crown thinning is the selective removal of branches to increase light penetration and air movement through the crown. Thinning opens the foliage of a tree, reduces weight on heavy limbs, distributes ensuing invigoration throughout a tree and helps retain the tree’s natural shape. Thinning cuts are usually the preferred method of tree pruning. When thinning the crown of mature trees you should seldom remove more than 1/4 (one fourth) of the live foliage. Likewise, when thinning laterals from a limb, an effort should be made to retain well-spaced inner lateral branches with foliage. Trees and branches so pruned will have mechanical stress more evenly distributed along a branch and throughout the tree. Caution must be taken not to create “lion-tailing” which is caused by removing all or most of the inner foliage. Lion-tailing places foliar weight at the ends of the branches and may result in sunburn, water sprouts, and weakened branch structure and limb breakage Crown Raisinq - Crown raising removes the lower branches of a tree in order to provide clearance for buildings, vehicles, pedestrians and vistas. It is important that a developing tree have a least 1/2 (one half) of its foliage on branches that originate in the lower 2/3 (two-thirds) of the tree. Similarly, branches should have even distribution of foliage along their lengths. This will ensure a well-formed, tapered structure and to uniformly distribute stress within a tree. .In some cases, this may not be possible because local ordinances require removal of low branches for clearance. Tree Removal - While performing tree removal, damage to other trees, shrubs, and other features is prohibited. The Contractor will be required to remove and replace any trees, shrubs or other features damaged by the removal process. All debris is to become the Contractor‘s property and disposed of off site. At the City’s request, all high quality chips, and wood will be piled in a location on site as specified by the City. Trees removed shall be cut down to the existing soil grade. Page 2 of 3 Palm Tree Pruninq - Palm pruning involves the removal of unwanted and unsightly fronds and fruit clusters. Some species also require the removal of old and persistent frond sheath bases by sawing (shaving) off the frond bases on the trunk and forming a bowl from the removed frond bases at the base of the remaining fronds. Prune to remove all fronds that are dead, discolored, of otherwise damaged, unsightly or undesirable. in all cases leave at least three to four fronds on Archontophoenix (King Palm), Arecastrum (Queen Palm), Howea (Kentia Palm) and all fan type palms. Prune Phoenix canariensis (Canary Island Date Palm) with trunks taller than ten (IO) ft., to remove brown/discolored and green fronds to at least a horizontal level up to a maximum of 45 degrees from horizontal unless otherwise specified. Trunks under 10 feet in height prune fronds from 45 to 60 degrees above horizontal. Phoenix canariensis palms with trunks ten feet or taller, shave remaining frond bases and form a bowl at the base of the frond crown. Prune to remove all fruit and flower clusters unless otherwise specified. Tools are to be disinfected between trees with a 20% solution of chlorine bleach and water or approved disinfectant where there is a danger of transmitting disease. Specimen Trees - Crown Clean This operation consists of the removal of dead and dying branches within the crown of the tree to enhance its health and beauty. 1. Properly remove all dead and dying branches (1/2) inch and over in diameter. 2. Remove all broken or loose branches lodged in the tree. 3. Remove all stubs of previously broken or poorly pruned limbs 4. Remove any live branches that interfere with the tree’s structural strength or healthful development. 5. Remove limbs that rub or abrade a more important branch. 6. Remove limbs of weak structure that are not important to the framework of the tree. 7. Remove undesirable sucker and sprout growth. 8. Remove the least desirable of two competing branches only when the result will not disfigure the tree. 9. On trees known to be diseased, tools are to be disinfected after each cut with a 20% chlorine bleachhvater solution or alcohol. Specifications are not meant to be restrictive. Slight variances may be considered by the City. Page 3 of 3 Tree Care Professionals Serving Communities Who Care About Trees www. WCAl NC.com SCHEDULE OF COMPENSATION ADDITIONAL SERVICES: Grid or Block Trimming Tree Removals: Tree and stump removal Tree Removal over 25” dbh Stump only removal Tree Planting: 15 gallon tree with root barrier 24 inch box tree with root barrier 36 inch box tree with root barrier Tree Watering: Root Pruning: Crew Rental (3 men, aerial unit, dump truck and chipper) based on day time call out Arborist Services Emergency call out based on evening, Holiday or weekend call out Standard Tree Inventory with Software or GPS Tree Inventorywith Software Tree Master Plan (w/ Tree Maint.) per tree per dia. inch per dia. inch per dia. inch per tree per tree per tree per day per linear foot per hour per hour per hour per tree site per tree site Lump Sum $45.00 $15.00 $25.00 $7.00 $1 15.00 $2 15.00 $715.00 $350.00 $7.00 $120.00 $50.00 $200.00 $2.00 $3.00 Negotiable Tree Care Professionals Serving Cammunities Who Care About Trees www. WCAINC.com ABILITY TO PROVIDE SERVICES West Coast Arborists, Inc. understands the challenge that many cities face when trying to reduce the cost of tree maintenance services while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide a better service to their community. These contracts include everythmg from providing emergency services to maintaining the City's entire urban forest. Means to ComDletinP this Proiect West Coast Arborists, Inc., is committed to successfblly completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. The contentment from those cities we provide seMce, is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provides a sense of comfort and confidence to our customers, but also ensures them of our ability to carry out the duties of managing their urban forest. We can commence the project within ten days from the Notice to Proceed. Start UR Program Should West Coast Arborists, Inc. be awarded a contract for the Contract for Pilot Tree Pruning Services, we are prepared to perform the following: Contract Manaeement 0 0 Obtain all required insurance and bonds as specified in the RFP. Obtain any and all Business Licenses and or permits. Execute a Contract for the Contract for Pilot Tree Pruning Services. Conduct a Pre-Job meeting with City staffprior to commencement of work. Submit a detailed work schedule with specific dates to the City for approval. Mobilization 0 Mobilized the assigned vehicles, equipment and materials required for this project. Notification 0 0 0 Identifl the list of addresses required for notification. Prepare and print notices as approved by the City. Distribute notices at required time prior to commencement of work. Post official '7'40 Parlung" signs on City Right-of-way at a minimum of 24 hours in advance. Proiect Team For this very important project, we propose to have Andy Trotter act as the Project Manager, Frank Quinn as the Project Supervisor, and Jose Curie1 as the Project Foremen. Ms. Audina Encinas will be the Customer Service Representative for the Project Team. Her responsibilities will include assisting the team in scheduling, resident notification, acquiring trees and handling customer inquiries. Proiect Vehicles & Eaubment Through our ability to dedicate specific pieces of equipment for this project, we believe it will lead to a successhl program. In addition to aerial lift devices, dump trucks, flatbed trucks and roll-off containers, we will also utilize a crane for removals and planting, loaders for debris removal, special aerial lift devices for higher elevated trees. For a list of all equipment please see List of Equipment in our proposal. d Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com Commencement of Work 0 0 0 0 0 Report work location to the City Inspector daily. Perform vehicle, equipment and material inspection prior to leaving the ficility. Provide English-speaking Certified personnel at the job site at all time. Set up traffic Control in accordance with the Work Area Traffic Control Handbook. Work in accordance with the City’s Tree Pruning Guidelines and the ANSI Standards. Perform tree removal, tree planti, small tree care and tree watering in accordance with the City’s Guidelines and the ANSI Standards. Provide all safety measures necessary for public protection. Avoid work or any other activity on private property. Use any means to the best of our ability to protect private property. Maintain excellent public relations with the community. Meet with City hspector(s) on a daily basis and report the day’s activities. In the event of an emergency, provide immediate response and take action at the City’s request in a safe and efficient manner. Insmion of Work Performed Insure that the Quality Control Plan is enforced. Review pruning methods to insure the highest level of pruning standards are being used. NotiQ damage of property (public and private) to the City Inspector immediately. Property damage measures to take place within 48 hours of occurrence. Remove all debris and material for the job site. Inspect final work, including cleanup of worksite(s) each day. Record work completed in data record format for proper inventory update. Maintain the List Tracking System and review with City staff. Maintain a clean facility at all time. Hours of Work and Omration All regular tree care will be performed between the hours of 7:OO a.m. and 5:OO p.m., Monday through Friday. In accordance with the City’s RFQ, we are prepared to perform work during the weekend and evenings. Through our vast number of employees, we are able to create special weekend teams and night teams that are accustomed to performing during those shifts. We support the City’s belief that this helps to alleviate traffic and pedestrian congestion that may otherwise occur during nod business hours. The Certified Personnel assigned for regular tree care will still be responsible and available for weekend and evening shifts. Emerpencv Services A list of emergency call out telephone numbers will be provided to the City, the Police Department and Fires Department. We will be subject to emergency calls on a 24-hour basis. Should an emergency callout occur during evening hours, we will respond and begin work on-site within sixty (60) minutes from the time notification was given. Our emergency response team shall do what is necessary to leave the hazardous tree or tree-related condition safe until the following workday. Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com City of Carlsbad - Contract for Annual Tree Trimming Services ADDITIONAL SERVICES TO BE PERFORMED REPORTS The Contractor will produce, at no cost to the City, various reports concerning the City’s tree inventory, maintenance services, planting program and/or tree policies. These reports may be produce for the City Council and/or various Commissions. The frequency of reports may be annually, semi-annually or quarterly. GREENWASTE REPORTING AB 939 requires that each California county and incorporated city prepare a Source Reduction and Recycling Elements (SRRE) report, which shows how they will meet solid waste diversion goals of 50 percent by the year 2000 and beyond. West Coast Arborists, Inc. (WCA), offers a multitude of waste diversion opportunities to cities including mulch, compost, firewood and logs to lumber. In an effort to provide cities with valued information pursuant to AB 939 requirements, we generate a monthly Green Waste Recycling report at no additional cost. BROCHURES & NOTICES Contractor will provide and distribute brochures that are acceptable to the Tree Supervisor that describe the tree maintenance process and are readily accessible to the citizens of Carlsbad. The City prior to issuance will approve sample brochures. The Contractor will supply public notice of the Tree Maintenance Program with final approval by the Tree Supervisor or his designated representative. SAFETY WCA will conform to all City of Carlsbad Traffic Safety requirements and operating rules at all times while this contract is in effect. The City will provide the Contractor with a Work Area Traffic Control Handbook (WATCH Manual), which will be used as reference. We will be responsible for supplying and using all safkty equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board/s as necessary. The City, prior to use, will approve all traffic safety equipment for use. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to ident@ work site for vehicular and pedestrian safety. COMMUNITY OUTREACH As part of this contract, WCA will provide additional services as part of “Giving Back” to the community and various organizations. The involvement with these groups would allow us to become more familiar with community groups, school leaders, local businesses and residents. In addition, as a resource within the community WCA will make available extraordinary services to the City of Carlsbad and/or the local School District including, but not limited to, arboricultural education, participation in Arbor Day and other City events, and special community projects. Also, as part of the green waste diversion program, the Contractor shall make available an amount of lumber, made from City trees, to local school wood working programs. This will help students in such trades as carpentry, hrniture making and other various trades. Tree Care Professionuls Serving Communities Who Care About Trees www. WCAINC.com City of Carlsbad - Contract for Pilot Tree Pruning Services ADDITIONAL SERVICES AVAILABLE AT A COST TREE INVENTORY SERVICES West Coast Arborists, Inc. (WCA) can collect an entire tree inventory of the City. The data will be collected by address and include tree species, land type, diameter at breast height, crown height, botanical and common names, and any other information as directed by the City. TREE INVENTORY PROGRAM WCA can provide the City with a record keeping system consisting of a sohare program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree & planting site location. The tree inventory program has the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports and pictures of City tree species. WCA’s technological innovation has allowed us to remain one step ahead in the tree industry. We have achieved a significant competitive advantage through the more effective management of information, including our experience in tree inventories, tree reports & recommendations, and software development. As we enter the next millennium, the success of any urban forest management program will depend on the management of information. Over the last several months, we have made significant upgrades to our tree inventory sohare program called ArborAccess. Specifically, we have developed an on-line program that is very similar to our previous version installed for many of our customers. The program is offered to every one of our customers. The program has the following benefits: Same color scheme as found on your City’s official website Access program via the Internet Utilize basic Internet hnctions and commands to operate system Because the program is stored on our own server, the City does not require additional computer hardware, software, memory, etc. Faster response to different queries, reporting capabilities, etc. On-line customer support site is easy to use and catered to the needs to the personal or end user who is looking for basic support information Automatic updating of work histories (no more need for diskettes) Automatic updating of software program As you know, many industries have quickly become technology-intensive, and the need to combine technology with typical hnctions of any firm or agency has become predominant. We are certain that by this new development, we can better serve our customers and provide information more quickly and accurately. Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com WCA will provide complete software support to the City for the entire term of the contract. While under a tree maintenance contract, WCA will provide unlimited computer and software support to the City including office visits, assistance via telephone and Internet and workshops. TREE INVENTORY UPDATE AND BILLING Billing is to be by address and shall include tree species, caliper, variety, botanical and common name, work date, condition and appropriate data requested by the City. The software used for invoicing shall be a Microsoft Access database program, which can be incorporated into the City’s maintenance management tracking program. This shall be supplied on IBM computer diskettes compatible with the supplied tree inventory software program along with hard copies. TREE MASTER PLAN WCA can assist in the development of a complete master plan of all trees living with the City of Carlsbad. The plan will include a complete inventory of all the City’s street trees, identifjllng each tree by species, height, diameter, condition, location and recommended maintenance. Included in the plan shall be 8 W x 11” color photos of each tree with a brief description of tree growth, health and maintenance characteristics. We can also assist the City’s Tree Committee during this process. For further information, please contact us at (800) 521-3 714.