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HomeMy WebLinkAbout2009-12-08; City Council; 20063; Agreement Tree Trimming Maintenance ServicesCITY OF CARLSBAD - AGENDA BILL 8 \^^/ AB# 20,063 MTG. 12/8/09 DEPT. CS-PR AWARD OF AGREEMENT FOR TREE TRIMMING MAINTENANCE SERVICES BID NO. 09-06 DEPT. HEAD\ CITYATTY.^ CITY MGR. I'Y[e (^ IM-^ RECOMMENDED ACTION: Adopt Resolution No. 2009-308 Coast Arborists, Inc., _ accepting the bid and awarding the agreement to West Maintenance Services, Bid No. 09-06, for an amountfor Tree Trimming not-to-exceed $311,850 in the initial one-year agreement period, and authorizing the City Manager to extend the agreement for five additional one year periods in an amount not-to-exceed $389,812 each period, to a maximum total compensation amount of $2,260,910 through the allowable agreement term. ITEM EXPLANATION: The City of Carlsbad utilizes contracted tree trimming maintenance for City-owned trees (i.e. streets, medians, trails, parks, and facilities trees). Utilizing a service contractor allows the City to provide these services without the need to increase staffing, purchase and maintain expensive specialty equipment, and allows staff resources to be allocated to other core maintenance functions. The Carlsbad Municipal Code authorizes the City Manager to approve amendments to existing agreements by a maximum of 25% of the original contract amount without prior approval by the City Council. In the case of this agreement, such amendments would be approved for annual extensions, and to accommodate probable infrastructure growth, and potential negotiated compensation increases (up to, but not exceeding, the Consumer Price Index for San Diego County). This probable infrastructure growth over the full life of the agreement includes the completion of projects such as the Joint First Responders Training Facility, Alga Norte Park, public streets with parkway planters and median planters, as well as possible improvements to trailheads, parks, or facilities. The total maximum compensation amount over the full six-year life of the agreement will not exceed $2,260,910. The City Clerk published a Notice Inviting Bids on July 3, 2009 for this service agreement. Nine (9) bids were received, opened, witnessed, and recorded on July 28, 2009. The bid amounts ranged from $294,110 to $695,475 per agreement year. The bids were reviewed by the Parks and Recreation Department and were as follows: California Tree Services, Inc. West Coast Arborists, Inc. Atlas Environmental Services, Inc. Tree Elements, Inc. International Environmental Corp Trimming Land Company, Inc. Ciros Arbor Care, Inc. Singh Group, Inc. United Pacific Services, Inc. $294,110 $31 1 ,850 $365,395 $386,525 $480,060 $490,150 $532,150 $622,450 $695,475 DEPARTMENT CONTACT: Kyle Lancaster, (760) 434-2941, kvle.lancaster@carlsbadca.aov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED O/ D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES a Daa Page 2 In accordance with the Municipal Code, a best value evaluation was completed. Each contractor's bid was evaluated against the following criteria: Cost of Service Ability to Provide Service Previous Performance and References Quality of Service Responsiveness to Specifications Unspecified Value Added Offerings West Coast Arborists, Inc. was evaluated the highest due to its submitted cost for service, ability to provide service, previous performance and references, quality of service, responsiveness to specifications and value added offerings. Based on the results of the best value evaluation, staff recommends that Council accept the bid and award an agreement to West Coast Arborists, Inc. Staff wishes to inform Council that the bid was intended to establish bid item costs for each individual item of work. The actual amount will vary depending on the actual services provided. Since payment to the contractor will be for actual work performed, the amount paid for the first period of the agreement may be less than the actual bid amount. The work completed will be inspected and verified by Parks and Recreation Department staff prior to authorization of each payment. ENVIRONMENTAL IMPACT: This project is a Class 1 categorical exemption (minor alteration of existing structure or facilities) and is, therefore, exempt from the environmental review process under provisions of the California Environmental Quality Act (CEQA), Section 15301(c). FISCAL IMPACT: This agreement is to be funded from the Street Trees Maintenance Budget - Assessment District, Medians Maintenance Budget - Assessment District, Parks Maintenance Budget - General Fund, Trails Maintenance Budget - General Fund, and Facilities Maintenance Budget - General Fund. Sufficient appropriations are available to fully-fund the agreement as shown in the table below: CONTRACT AMOUNTS FOR FIRST PERIOD OF AGREEMENT Budget Source Street Trees Maintenance Medians Maintenance Parks Maintenance Trails Maintenance Facilities Maintenance TOTAL Yearl 120,000.00 85,000.00 50,000.00 7,500.00 49,350.00 311,850.00 Tree Locale Parkways Medians Open Space Trailheads Facilities Fund Special Revenue Special Revenue General General General The maximum contract amount for the Tree Trimming Maintenance Services agreement is provided by contract years in the table below: ANNUAL PERIODS OF AGREEMENT Agreement Period 1 Agreement Period 2, 3, 4, 5 & 6 MAXIMUM AMOUNT OF AGREEMENT TERM MAXIMUM AMOUNT PER AGREEMENT PERIOD $311,850 $389,812 $2,260,910 In summary, this is up to a six-year tree trimming maintenance service agreement, based on the selected best value contractor's bid of $311,850 for the items of work specified. Page 3 Future contract expenditures will be determined by City needs and appropriations to the budget from Council. EXHIBITS: 1. Resolution No. 2009-308 accepting the bid and awarding the agreement to West Coast Arborists, Inc., for Tree Trimming Maintenance Services, Bid No. 09-06, for an amount not-to-exceed $311,850 in the initial one-year agreement period, and authorizing the City Manager to extend the agreement for five additional one-year periods in an amount not-to exceed $389,812 each period, to a maximum total compensation amount of $2,260,910 through the allowable agreement term. 2. Tree Trimming Maintenance Services Agreement. 1 RESOLUTION NO. 2009-308 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, ACCEPTING THE BID AND AWARDING THE AGREEMENT TO WEST COAST ARBORISTS, INC., FOR TREE 4 TRIMMING MAINTENANCE SERVICES, BID NO. 09-06. 5 WHEREAS, the City of Carlsbad requires the services of an tree trimming maintenance o services contractor; and WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid from a qualified contractor, West Coast Arborists, Inc.; and 8 WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section 9 3.28.060 was performed by staff and has resulted in staff's determination that the bid submitted 10 by West Coast Arborists, Inc., at $311,850 for the items of work specified, is the best value to the City of Carlsbad; and 12 WHEREAS, staff recommends award of the contract for Bid 09-06 Tree Trimming 13 Maintenance Services to West Coast Arborists, Inc., in an amount not-to-exceed $311,850 in 14 the initial one year agreement period; and 15 WHEREAS, the Carlsbad Municipal Code authorizes the City Manager to approve 16 amendments to existing agreements by a maximum of 25% of the original contract amount without prior approval by the City Council; and WHEREAS, such amendments would be approved for annual extensions, and to18 accommodate probable infrastructure growth, and potential negotiated compensation increases 19 - up to, but not exceeding, the Consumer Price Index for San Diego County; and 20 WHEREAS, the City Manager is authorized to extend the agreement for five additional 21 one-year periods in an amount not-to exceed $389,812 each period; and 22 WHEREAS, sufficient appropriations are available in the Street Trees Maintenance 23 Budget - Assessment District, Medians Maintenance Budget - Assessment District, Parks 24 Maintenance Budget - General Fund, Trails Maintenance Budget - General Fund, and Facilities Maintenance Budget - General Fund, to fully fund the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ?fi California, as follows: 27 1. That the above recitations are true and correct. 28 1 2. The bid of West Coast Arborists, Inc., 2200 E. Via Burton Street, Anaheim, CA 2 92806, is the best value. 3. The bid of West Coast Arborists, Inc. is hereby accepted. 3 4. That the maximum compensation amount will not exceed $2,260,910 through the allowable six-year term of the agreement. 5 5.. That the Mayor of the City of Carlsbad is hereby authorized and directed to 6 execute an agreement with West Coast Arborists, Inc., for an amount not-to-exceed $311,850 in the initial one year agreement period, for and on behalf of the City of Carlsbad. /// 8 /// 9 /// 10 /// 11 '" III 12 /// 13 /// 14 /// 15 '" III 16 /// 17 /// 18 /// 19 I" III20 /// 21 /// 22 /// 23 /// 24 '" III 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of December. 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ayor ATTEST: LORRAINE M. WOOlr City Clerk (SEAL) AGREEMENT FOR TREE TRIMMING MAINTENANCE SERVICES (West Coast Arborists, Inc.) THIS AGREEMENT is made and entered into as of the I — day of 20 o<f. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and West Coast Arborists, Inc., a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a tree trimming Contractor that is experienced in trimming and maintaining a variety of trees located at City facilities, roadway medians, roadsides, parks, and trails areas landscaping. B. Contractor has the necessary experience in providing professional services and advice related to tree trimming maintenance services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. 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. 3. TERM 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 five additional one year periods in an amount not to exceed Three Hundred Eighty-Nine Thousand, Eight Hundred Twelve dollars ($389,812) in each of the five one year extension periods. Total compensation under this agreement shall not exceed Two Million, Two Hundred Sixty Thousand, Nine Hundred Ten dollars ($2,260,910). Payments will be made on a time and materials basis for actual work performed by the Contractor and the total compensation amounts are not guaranteed. 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 Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 the Contractor may decline to 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 Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's tree trimming maintenance services will be performed on a fixed cost rate, or on an hourly rate, or on an Extra Work agreed upon rate, as indicated in the Contractor's bid. The total fee payable for the Services to be performed during the initial Agreement term will be in an amount not to exceed Three Hundred Eleven Thousand, Eight Hundred Fifty dollars ($311,850). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City 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". The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, and OSHA standards. There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carlsbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in the Agreement. The Contractor shall submit invoices to the Parks Superintendent, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of facilities serviced. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation is provided to the City. If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to negotiate, accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous two year period. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement period and is subject to negotiation or rejection by the City. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 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. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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 Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. 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-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages 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. 10.1.1 Commercial General Liability 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. A pesticide and herbicide endorsement to the General Liability Insurance is required. 10.1.2 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 10.2.1 Liability. The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements._Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. 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. 10.5 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. 11. 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. 12. 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. 13. 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. Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 14. 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. 15. 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 City: Name Kyle Lancaster Title Parks Superintendent Department Parks and Recreation Address City of Carlsbad 1166 Carlsbad Village Drive Carlsbad. CA 92008 Phone No. (760) 434-2941 For Contractor: Name Victor Gonzalez Title Vice President Address West Coast Arborists, Inc. 2200 Via Burton Street Anaheim. CA 92806 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. 16. 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. 17. 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 Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 11 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 (10) 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. 20. 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 ninety (90) 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. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 21. 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. 22. 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 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 seq., 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. 23. 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. 24. 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. 25. 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 Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 8 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. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 26. 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. CONTRAC ,S, INC. By: ATTEST: Mayor Patrick Mahoney, President (print name/title) pmahoney@wcainc.com (e-rerail address) LORRAINE M. City Clerk Richard Mahoney, Asst ./Secretary (print name/title) / / rmahoney@wcainc.com (e-mail address) If required by City, proper notarial acknowledgment of execution by 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: L, City Attorney ,City Attorney '*T Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 10 EXHIBIT "A" MANNER OF PERFORMING SERVICES CITY OF CARLSBAD TREE TRIMMING MAINTENANCE SERVICES PARTI GENERAL SPECIFICATIONS 1.00 GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 1.02 Contractor shall provide the labor, materials, equipment, tools, services and special skills necessary for the provision of tree trimming maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein. 1.03 Contractor is hereby required to render and provide tree trimming maintenance services including, but not limited to: trimming, staking, guying, and training of trees; root pruning; tree and stump removal; work site debris removal and lawful disposal; traffic control; tree planting; and other associated services required to maintain safe and attractive trees within facilities, medians, roadsides, parks and trails areas 1.04 Upon commencement of work under this Contract, Contractor shall be fully equipped and staffed; thoroughly familiar with Contract requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this Contract may result in deductions from payment. 1.05 Contractor shall be responsible to correct any maintenance deficiencies, which may exist upon commencement of work under this Contract. 1.06 Contractor shall, during the term of this Contract, respond to all emergencies, to the satisfaction of the Park Superintendant ("Contract Administrator"), within one (1) hour of notification. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 11 1.07 Contractor shall clearly identify and equip each vehicle used at said facilities, medians, roadways, parks and trails areas with decals on the exterior right and left front door panels, identifying the Contractor's name, address and phone number and an additional marking stating "Under Contract for the City of Carlsbad". 1.08 Contractor shall report to the Contract Administrator all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards within said project areas. 1.09 Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this 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. 1.10 Contractor shall indicate in his bid methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the Contract Administrator, 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. 2.00 TREES TO BE MAINTAINED 2.01 The trees within facilities, medians, roadsides, parks and trails areas to be maintained under the provisions of this Contract, as directed by the ContractT Administrator. These project areas are in various locations throughout the City of Carlsbad. 2.02 Contractor acknowledges personal inspection of the trees within the facilities, medians, roadsides, parks, and trails areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. Contractor accepts the subject trees in their present physical condition, and agrees to make no demands upon City for any improvements or alterations thereof. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 12 3.00 PAYMENT AND INVOICES 3.01 The Contractor shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the City for all services rendered by the Contractor under the terms and conditions of this Contract. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the Contract Administrator and that applicable certifications have been submitted in accordance with the provisions of this Contract. 3.02 Monthly invoices shall be prepared separately for facilities, medians, roadsides parks and trails areas, in the following format: Invoice 1 - Facilities Trees: Location Account Number Monthly Cost 1015060-7550 TOTAL MONTHLY COST $xxx.xx $xxx.xx $x,xxx.xx Invoice 2 -Medians Trees: Location Account Number Monthly Cost 1615024-7550 TOTAL MONTHLY COST $xxx.xx $xxx.xx $x,xxx.xx Invoice 3 - Roadsides Trees: Location Account Number Monthly Cost 1605023-7550 TOTAL MONTHLY COST $xxx.xx $xxx.xx $x,xxx.xx Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 13 Invoice 4 - Parks Trees: Location Account Number Monthly Cost 0015020-7550 $xxx.xx $xxx.xx Invoice 5 - Trails Trees Location Account Number Monthly Cost 0015023-7550 TOTAL MONTHLY COST Invoice 6 - Extra Work Location $xxx.xx $xxx.xx $x,xxx.xx Account Number Monthly Cost TBD TOTAL MONTHLY COST $xxx.xx Sxxx.xx $x,xxx.xx 3.03 Invoices for approved Extra Work shall be in a format acceptable to the Contract Administrator, including attachments, such as copies of suppliers' invoices, which the Contract Administrator may require to verify Contractor's billing. Invoices for Extra Work shall be submitted on separate invoices. Unless otherwise requested by the Contract Administrator, one invoice shall be submitted for each discrete and complete item of Extra Work. 3.04 In the event the City transfers title or maintenance responsibility of the premises or a portion thereof, this Contract shall continue in full force and effect, except said portion, at the discretion of the Contract Administrator, may be deleted from the premises to be maintained and the Contract sum shall be reduced accordingly. 3.05 The Contract Administrator may, at his discretion, add additional trees, and/or new areas to be maintained, and/or require additional services. The Contractor shall be compensated for the additional trees or services that are designated after the date of the commencement of this Contract based on an extension of bid item prices consistent in all respects with this Contract. 3.06 Additional compensation may be authorized at the discretion of the Contract Administrator, subject to City budgetary conditions, for work deemed necessary by the Contract Administrator due to extraordinary incidents or circumstances. Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 14 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The Contract Administrator shall be responsible for the enforcement of this Contract on behalf of City. 4.02 The Contract Administrator shall prepare and implement an Inspection Rating System to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix A). This form and system may be modified at the discretion of the Contract Administrator. The Contractor agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly Inspection Rating Sheet. To avoid deductions from payment, Contractor must receive a rating of 95 or higher per facilities, medians, roadsides, parks or trails areas as described in Section 2.01. 4.03 If, in the judgment of the Contract Administrator, Contractor is deemed to be non-compliant with the terms and obligations of the Contract, the Contract Administrator, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from Contractor's invoice for work not performed to the standards of this agreement, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to Contractor will be forwarded to the Contractor by the Contract Administrator in a written notice describing the reasons for said action. The monthly Inspection Rating System report shall constitute reason for any deductions so imposed. 4.04 The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the Contractor to correct a deficiency within the said specified time frame. The parties hereby agree that a reasonable estimate of such damages is One Hundred Fifty Dollars ($150.00) per day per facilities, medians, roadsides, parks or trails areas, as described in Section 2.01. Contractor shall be liable to City for liquidated damages in said amount. Said amount shall be deducted from City's payment to Contractor; and/or having given five (5) working days notice to the Contractor to correct the deficiencies, if after said 5 days the Contractor fails to complete the required corrections, City may correct any and all deficiencies using alternate forces. The total costs incurred by completion of the work by alternate forces will be deducted and forfeited from the payment to the Contractor. A 15% markup for administrative costs will be levied. 4.05 The action above shall not be construed as a penalty but as adjustment of payment to Contractor to recover cost or loss due to the failure of the Contractor to complete or comply with the provisions of this Contract. Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 15 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 City reserves the right to perform inspections, including inspection of Contractor's equipment, at any time for the purpose of verifying Contractor's performance of Contract requirements and identifying deficiencies. 5.02 The Contractor or his authorized representative shall meet with the Contract Administrator or his representative on each site at the discretion and convenience of the Contract Administrator, for inspections. 5.03 At the request of the Contract Administrator, the Contractor, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the Contract Administrator, for purposes of orientation, information sharing, Contract revision, description of City policies, procedures, standards, and the like. 5.04 Contractor shall provide to the Contract Administrator such written documentation and/or regular reports as the Contract Administrator deems necessary to verify and review Contractor's performance under this Contract and to provide to the Contract Administrator pertinent information relative to the maintenance, operation, and safety of the facilities, parks and trails areas. 6.00 EXTRA WORK 6.01 The City may award Extra Work to the Contractor, or to other forces, at the discretion of the Contract Administrator. New or unforeseen work will be classified as "Extra Work" when the Contract Administrator determines that it is not covered by Contract unit prices or is significantly different than the Contractor's other work areas. Services added that are of similar size and scope to the Contractor's current work shall be compensated as indicated in Section 3.05. Areas that do not meet the criteria indicated in Section 3.05 are subject to adjustment in payment in accordance with Extra Work. Extra Work shall be performed by agreement between the Contract Administrator and the Contractor or on a negotiated proposal and acceptance basis in accordance with Section 7.00 or on a time and materials basis in accordance with Section 8.00. 6.02 If the Contract Administrator determines that the Extra Work can be performed by Contractor's present work force, Contract Administrator may authorize modification of the Contractor's Routine Operations Schedule or Annual Calendar in order to compensate Contractor for performing said work. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 16 6.03 Prior to performing any Extra Work, the Contractor shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the Contractor's proposal by the Contract Administrator. This proposal is subject to acceptance or negotiation by the Contract Administrator. 6.04 In the event that Contractor's proposal for Extra Work is not approved, the Contract Administrator reserves the right to perform such work with other forces or to compel the Contractor to perform the work on a time and materials basis. Invoices for Extra Work on a time and materials basis are subject to Contractor markup in accordance with the Section 8.00. 6.05 When a condition exists which the Contract Administrator deems urgent, the Contract Administrator may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate, consistent with the verbal authorization, to the Contract Administrator for approval. 6.06 All Extra Work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 7.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 7.01 The City may award work to the Contractor, at the discretion of the Contract Administrator. New work will be awarded on a negotiated proposal and acceptance basis as when the Contract Administrator determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the City and the Contractor or on a time and materials basis in accordance with the Vendor's Proposed Cost of Services chart. 7.02 Prior to performing any work, the Contractor shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the Contractor's proposal by the Contract Administrator. This proposal is subject to acceptance or negotiation by the Contract Administrator. 7.03 All work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 8.00 TIME AND MATERIALS 8.01 In the event that the Contract Administrator determines that work requested is of an unknown duration, not easily quantified or the Contractor's proposal for work is not approved, the Contract Administrator reserves the right to perform such work with other forces or to compel the Contractor to perform the work on a time and materials basis. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 17 8.02 The Contract Admnistrator may direct Contractor to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1)Labor 15 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures 15 9.00 CONTRACTOR'S DAMAGES 9.01 All damages incurred to existing facilities, medians, roadsides, parks or trails area trees by the Contractor's operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the Contract Administrator, all at the Contractor's expense. 9.02 All such repairs or replacements, which are directed by the Contract Administrator to be done by the Contractor, shall be completed within the following time limits. A. All damages to trees, landscape, turf, facilities, roadways, parks or trails areas shall be repaired or replaced within five (5) working days. 9.03 Damaged trees and shrubs shall be repaired or replaced in accordance with the following maintenance practices: A. Trees: Minor damage such as bark lost from impact of operating equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the Contract Administrator. B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the old plant material and replacement with new plant material. C. Adjacent turf and groundcover: Minor damage may be corrected by appropriate amending and over seeding damaged areas. Major damage shall be corrected by removal and replacement of the sod. Minor groundcover damage shall be corrected by appropriate pruning. Major damage shall be corrected by removal of the old plant material and replacement with new plant material identical to the damaged plant material. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 18 D. Adjacent Improvements: The Contractor shall remove and replace all surface and hardscape improvements damaged by its work. All damaged improvements shall be replaced in accordance with City of Carlsbad standards. The Contractor shall be fully licensed for the type of repair work being performed or shall employ a subcontractor licensed in the discipline required. 10.00 COMMUNICATIONS AND EMERGENCY RESPONSE 10.01 The Contractor shall, during the term of this Contract, maintain a single telephone number, toll free to a San Diego region area code, at which the Contractor or Contractor's responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the Contract Administrator or other City personnel. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute for full time twenty-four hour coverage, provided that the Contractor responds to the City by return call within one hour of the City's original call. 10.02 Whenever immediate action is required to prevent possible injury, death, or property damage, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by alternate work forces and, as determined by the Contract Administrator, charge the cost thereof to the Contractor, or deduct such cost from any amount due to the Contractor including a 15% markup for administrative costs. 10.03 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Contract Administrator. If any complaint is not abated within 24 hours, the Contract Administrator shall be notified immediately of the reason for not abating the complaint followed by a written report to the Contract Administrator within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the Contract Administrator, the Contract Administrator may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from payments owing to the Contractor from the City. 10.04 The Contractor shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non- action. Said log of complaints shall be open to the inspection of the Contract Administrator at all reasonable times. 10.05 Contractor's supervisor and foreman shall carry digital pagers/cellular telephones with local San Diego region area code. Supervisor and foreman shall respond to any page from the City within ten minutes at any time, 24 hours per day. The City shall not page CONTRACTOR'S foreman except during normal working hours or in case of emergency. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 19 11.00 SAFETY 11.01 Contractor agrees to perform all work outlined in this Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or Federal requirements at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall 11.02 It shall be the Contractor's responsibility to inspect, and identify, any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The Contract Administrator shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections including, but not limited to; filling holes in ground, turf or paving; using barricades or traffic cones to alert patrons of the existence of hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury. 11.03 Contractor shall notify the Contract Administrator immediately of any occurrence on the premises of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the Contract Administrator within three (3) calendar days following the occurrence. Contractor shall cooperate fully with the City in the investigation of any such occurrence. 12.00 TRAFFIC CONTROL 12.01 Prior to any work in the public right-of-way, the Contractor shall submit typical traffic control plans for approval for work performed in the City right-of-way. The Contractor shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California). The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 20 12.02 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 12.03 The Contractor shall comply with all requirements of the City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, markers, flagmen, etc. 13.00 HOURS AND DAYS OF MAINTENANCE SERVICES 13.01 The basic daily hours of maintenance service shall be 7:00 a.m. to 4:00 p.m. except as detailed in Section 13.03, which shall be considered normal work hours as may pertain to any other provision of the Contract. 13.02 Contractor shall provide staffing to perform the required maintenance services during the prescribed hours five (5) days per week, Monday through Friday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Contract Administrator. 13.03 The Contractor is advised that the following areas have limited hours of operation. No work including installation or removal of traffic control devices may occur outside the hours of 8:30 a.m. and 3:30 p.m. • Alga Road • Aviara Parkway • Cannon Road • Carlsbad Boulevard • Carlsbad Village Drive • College Boulevard • El Camino Real • Faraday Avenue • La Costa Avenue • Melrose Drive • Olivenhain Road • Palomar Airport Road • Paseo del Norte • Rancho Santa Fe Road • Tamarack Avenue • Any School Zone Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 21 13.04 The use of power tools is prohibited daily between 4:00 p.m. and 7:00 a.m., and all day on Sundays and Holidays, except under emergency circumstances as approved by the Contract Administrator. 14.00 MAINTENANCE SCHEDULES 14.01 Contractor shall assist the City with developing a recommended annual pruning program including personnel and vehicles that would be required to complete the project. Depending on the City's current and future pruning needs the recommended pruning schedule may require multiple crews to perform concurrently within the same time constraints. 14.02 The Contractor shall, within thirty (30) calendar days after the effective date of this Contract, submit annual work schedules to the Contract Administrator for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance, and shall be updated and submitted by the Contractor to the Contract Adminstrator on a quarterly basis thereafter. 14.03 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the Contract Administrator. Said revisions shall be submitted to the Contract Administrator for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 15.00 CONTRACTOR'S STAFF AND TRAINING 15.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 15.02 Contractor's personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Attachment B. 15.03 Contractor is encouraged to provide on-going systematic skills training, and to promote participation in, and certification by professional associations. Contractor's systematic skills training program, and certifications required by the Contractor for employees in a given position, should be noted in the Attachment B. 15.04 Each crew of Contractor's employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any facility, median, roadside, park or trail area without other Contractor's supervisory personnel present. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 22 15.05 The Contract Administrator may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. 15.06 The Contract Administrator may at any time order any of the Contractor's personnel removed from the premises when, in the reasonable belief of the Contract Administrator, said Contractor's personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 15.07 The Contractor shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the Contractor's company name and employee name badges as approved by the Contract Administrator. Sufficient changes shall be provided to present a neat and clean appearance of the Contractor's personnel at all times. Shirts shall be worn and buttoned at all times. Contractor's personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic. 15.08 The Contractor's staff must meet the minimum listed qualifications to perform work for the City under this agreement. Contractor shall provide this information in Exhibit "B" Contractor's Work Force. • ISA Tree Worker certification preferred for all crew members. • ISA Tree Worker certification required for Foreman of each crew. At least one Foreman is required per every 3 crew members. • ISA Arborist certification required for all call-out Arborist staff. At least one Arborist is required and must be available on the crew's site within 2 hours of call-out by the city. 16.00 NON-INTERFERENCE-NOISE 16.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 23 16.02 In the event that the Contractor's operations must be performed when persons of the public are present, Contractor shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 16.03 Contractor shall be subject to local ordinances regarding ,noise levels with regard to equipment operations. Contractor shall not use any power equipment prior to 7:00 a.m. or later than 4:00 p.m., except under emergency circumstances. Further, any schedule of such operations may be modified by Contract Administrator in order to insure that the public is not unduly impacted by the noise created by such equipment. 17.00 USE OF CHEMICALS 17.01 All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. 17.02 Chemical applications shall strictly conform to all governing regulations. Contractor's staff applying chemicals shall possess all required licenses and certifications. 17.03 Records of all operations, including applicators names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to governing regulations. 17.04 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained. 17.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the Contract Administrator for all products and chemicals used within the City. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 24 PART II TECHNICAL SPECIFICATIONS 18.00 GENERAL REQUIREMENTS/SCOPE OF WORK 18.01 It shall be understood that the Contractor will be required to perform and complete the proposed landscape and/or tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor may be required to perform the following tree maintenance activities at various sites throughout the City; • Tree pruning • Tree removal • Tree planting • Crew rental • Emergency response • Line clearance pruning • Clearance pruning • Tree watering • Small tree care • Palm trunk skinning • Root pruning • Specialty equipment rental • Consulting arborist/inspection • Data entry • Tree inventory • Online maintenance access* * Online maintenance is defined as Internet access to an Urban Forestry Management tool that includes work order tracking, ability to send work requests including but not limited to tree trimming, planting, and removal, access to reports for tree trimming, planting, and removal, and GPS accessibility for tree inventory services. 19.00 ANNUAL PRUNING PROGRAM 19.01 Contractor shall assist the City with executing annual pruning program including personnel and vehicles that would be required to complete the project. Depending on the City's current and future pruning needs the recommended pruning schedule may require multiple crews to perform concurrently within the same time constraints. Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 25 -?, i 20.00 TREE MAINTENANCE 20.01 All pruning and tree tying shall conform to International Society of Arboriculture (I.S.A) Standards and the specific directions of the Contract Administrator. Contractor shall not allow any tree to be topped. 20.02 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways. Lower branching may be appropriate for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions. 20.03 Tree pruning shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance. 20.04 Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by Contract Administrator. 20.05 Tree ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 20.06 Periodic staking and tying shall be performed as needed and/or as directed by the Contract Administrator. 20.07 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage shall be addressed upon detection by the Contractor. 20.08 Removal of dead shrubs and trees. Contract Administrator shall be notified in advance of the removal of any tree or shrub. 20.09 All trimmings and debris shall be removed and properly disposed of immediately. 21.00 PLANT MATERIALS 21.01 Plant materials shall conform to the requirements of the landscape plans of the area and to horticultural standards as to kind, size, age, etc. 21.02 Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of the Contract Administrator. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 26 21.03 Quality A. Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or their eggs, and shall have healthy normal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. B. Plant materials shall be symmetrical, and/or typical for variety and species. C. Trees shall not have been topped. D. Roots shall not have been allowed to circle or become bound at any stage of growth. E. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Contract Administrator. 21.04 Plant Materials Guarantee Contractor shall replace, at no cost to the City, any plant materials planted by Contractor under this Contract which fail to establish, grow, live and remain in healthy condition , regardless of the reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by the Contract Administrator. B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by the Contract Administrator. Nothing in this section shall in any way reduce or remove Contractor's responsibility as specified elsewhere in this Contract. Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 27 V EXHIBIT B CONTRACTOR'S WORK FORCE The Contractor shall set forth in Attachment B to the proposed Contract: A. Each labor or supervisory position by title that will make up the Contractor's work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title, including any required certifications. C. The minimum annual man-hours for each position title that the Contractor proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of Contractor's systematic skills training program. The information provided in this attachment is for the purposes of determining the Contractor's commitment and preparedness to perform the Described Services, and assuring that the Contractor's bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the Contractor from any responsibility prescribed by the Contract. Contractor may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Attachment B - Additional Information" along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 1.SEE "ATTACHMENT B - ADDITIONAL INFORMATION" BEGINNING ON PAGE 36 2. 3. Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 28 EXHIBITS Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 4. 7. Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 29 EXHBITB PageS CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualifications 1. 4. 5. E. Description of CONTRACTOR'S employee training program Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 30 EXHIBIT C GUARANTEE BID NO. 09-06 To the City of Carlsbad, The undersigned guarantees the construction and installation of the work performed as Extra Work included in this project: Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Specifications, due to any of the above causes, all within twelve (12) months after date on which said work of this CONTRACT is accepted by the CITY, or the CONTRACT termination, whichever is the later, the undersigned agrees to reimburse the CITY upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the CITY, to replace any such material and to repair said work completely without cost to the CITY so that said work will function successfully as originally contemplated. The CITY shall have the unqualified option to make any needed placements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the CITY elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the CITY. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the CITY shall be entitled to all cost and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refusal. WEST COAST ARBORISTS, INC. CONTRACTOR'S Name 2200 E. Via Burton Street, Anaheim, CA 92806 Address Patrick Mahoney, President Name and Title of Signer (Please Type or Print) ^- • November 9, 2009 SignatLPe/' " / / Date Bid 09-06 Tree Trimming Maintenance Services (2009) City Attorney Approved Version #05.06.08 31 Appendix "A" SAMPLE CITY OF CARLSBAD TREE TRIMMING MAINTENANCE SERVICES BID NO. 09-06 INSPECTION RATING FORM SITE: GENERAL DUTIES INSPECTOR: 06/15/08 Harrison Possible Previous Rating This Category Description Points Period Period Safety Knowledge of Contract Requirements Staffing Equipment & Vehicles Performance of Work Observation and Reporting Emergency Response Response to Requests Office and Communications Invoicing Schedule and Reports Meeting Preparation and Attendance Administrative Support Supervision of Operations Rating Totals Deduction Percent 8 6 9 7 7 6 8 8 7 6 7 6 7 8 100 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 0 Deduction Percent Monthly Payment Deduction Amount Adjusted Monthly Payment 0 0.00 $1,181.04 $0.00 $1,181.04 Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 32 VENDOR'S COST OF SERVICE TREE TRIMMING SERVICES Item No. A1 A2 A3 A4 A5 Item No. A6 A7 A8 Description Tree Trimming (All Species Except Palms) 0"to12" Diameter at Breast Height Tree Trimming (All Species Except Palms) 12" to 24" Diameter at Breast Height Tree Trimming (All Species Except Palms) 24" to 36" Diameter at Breast Height Tree Trimming (All Species Except Palms) 36" and Over Diameter at Breast Height Tree Trimming (Palms) 0" to 12" Diameter at Breast Height Description Tree Trimming (Palms) 12" to 24" Diameter at Breast Height Tree Trimming (Palms) 24" and Over Diameter at Breast Height Tree Staking (All Species) Including Stakes/Ties Bid Item Price $45.00 (Each) $45.00 (Each) $45.00 (Each) $45.00 (Each) $45.00 (Each) Bid Item Price $45.00 (Each) $45.00 (Each) $10.00 (Each) Units 525 1225 1225 525 75 Units 350 75 100 Annual Total $23,625.00 (Extended Amount) $55,125.00 (Extended Amount) $55,125.00 (Extended Amount) $23,625.00 (Extended Amount) $3,375.00 (Extended Amount) Annual Total $15,750.00 (Extended Amount) $3,375.00 (Extended Amount) $1,000.00 (Extended Amount) Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 33 A9 A10 A11 A12 A13 A14 A15 Item No. A16 A17 Tree Guying (All Species) Including Wire/Anchors Tree Root Pruning (All Species) 0" to 6" Diameter Per Linear Foot Tree Root Barrier Installation (Including 18" Bio Barrier or Approved Equivalent) Tree Removal and Stump Grinding (All Species Except Palms) 0" to 24" Diameter at Breast Height Tree Removal and Stump Grinding (All Species Except Palms) Above 24" Diameter at Breast Height Stump Grinding Only (All Species) Per Diameter Inch Tree Removal and Stump Grinding (Palms) 0" up to 24" Diameter at Breast Height Description Tree Removal and Stump Grinding (Palms) Above 24" Diameter at Breast Height Scheduled Work Crew (3 Staff, Aerial Unit, Box Truck, Chipper, Chain Saws & Misc. Equipment) Regular Business Hours $50.00 (Each) $15.00 (Per Lin. Foot) $20.00 (Per Lin. Foot) $300.00 (Each) $600.00 (Each) $20.00 (Per Dia. Inch) $200.00 (Each) Bid Item Price $400.00 (Each) $144.00 Per Hour 10 20 10 15 10 5 5 Units 5 350 $500.00 (Extended Amount) $300.00 (Extended Amount) $200.00 (Extended Amount) $4,500.00 (Extended Amount) $6,000.00 (Extended Amount) $100.00 (Extended Amount) $1,000.00 (Extended Amount) Annual Total $2,000.00 (Extended Amount) $50,400.00 (Extended Amount) Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 34 A18 A19 A20 A21 A22 *TOTAL ESTIMATED ANNUAL SERVICE COSTS Emergency Response Crew (3 Staff, Aerial Unit, Box Truck, Chipper, Chain Saws & Misc. Equipment) After Hours, Weekends, & City Holidays Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 15 Gallon Container Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes24" Box Container Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 36" Box Container *Extra Work $144.00 Per Hour $120.00 (Each) $240.00 (Each) $650.00 (Each) 50 25 10 5 Stipulated Amount $7,200.00 (Extended Amount) $3,000.00 (Extended Amount) $2,400.00 (Extended Amount) $3,250.00 (Extended Amount) $ 50,000.00 (Annual Amount) $311,850.00 Extra Work payments made to the Contractor will be based on the Contractor's actual work performed for the City, consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. Extra Work is not guaranteed. Bid 09-06 Tree Trimming Maintenance Services (2009)City Attorney Approved Version #05.06.08 35 'NT 6 INTRODUCTION West Coast Arborists, Inc. (WCA) is a family-owned and operated company employing nearly 500 full-time employees providing various tasks to achieve one goal: serving communities who care about trees. Our em- ployees operate from one of our four California offices: Anaheim, Ventura, Fresno and Stockton serving over 150 municipalities. The company is comprised of a top management team, a management committee and a safety committee. Staff members have diverse educational backgrounds including accounting, business admini- stration, engineering and forestry. WCA Worit Force WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervi- sion; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before career advancement, leading a crew, or performing work. Certification WCA prides Itself in working to get its employees certified through The International Society of Arboriculture, raising the standard of professional tree care companies. This standard exemplifies our company's commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers, they are shown on the following page. Evaluation WCA employees are evaluated through an Internal mechanism supervised by the Management Team. Each employee performs his duties according to a criteria-based job description that reflects safety, quality work- manship, productivity, appropriateness of care, problem solving and customer service. A performance ap- praisal Is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for im- provement are identified. Departmental Organization J i ! . . i Customer ; Servfce i Accountinf i MarfctttHf [ ' Mgmt Area Managers atSupervbon Hardware «t Software ^vvvv**™™!™™™*,.™* 1 copyright ft 2008 STAFF QUALIFICATIONS PATRICK O. MAHONEY President Registration California State Contractors License #313843, Class C61 st C27 International Society of Arboriculture Certified Arborist #WE-1172 Mr. Mahoney founded West Coast Arborists, inc. in 1972. As President and Chief Executive Officer, Mr. Mahoney oversees the complete operation of the company. Under his direction the company has grown from 3 employees and 2 trucks to over 400 employees with a 400 plus unit fleet. Life Member in good standing of Western Chapter ISA, Society of Commercial Arborists, Municipal Arborists Association, Street Tree Seminar, Tree Care Industry Association, Maintenance Superintendents Association, Utility Arborists Association, Califor- nia Oak Foundation, the Paim Society and associated with many other environ- mentally concerned organizations. Past President1996-97- Western Chapter I.S.A. Founder- So. California Tree Trimmers Jamboree A ward of Achievement • 1 .S.A., 1998 Served 1989-97- 1.S.A, Certification Committee A ward of Merit- Western Chapter I.S.A., 1997 , ROSE M. EPPERSON Vice President jProfetonal California State Contractors License f654265, Class C61 « D49 International Society of Arboriculture Certified Artwrist f WE-1045 Bachelor of Business Administration, Argosy Unlvetslty Mrs, Epperson has been with West Coast Arborists, Inc. since August 1979, and she has been a director at WCA since 1992, Her experience lies in accounting and administration. She is responsible for ail administrative and accounting func- tions on a corporate level. She has been involved in the implementation and management of our computerized accounting, estimating and job costing pro- grams. Member in good standing of Tree Care Industry Association, Street Tree Seminar, Western Chapter International Society of Arboriculture and various other civic organizations. Professional Affiliation Past President ST Honorary Life Member • W.C I.S.A. Award of Merit - Western Chapter I.S.A., 2005 Past President- Street Tree Seminar, 1994 President's Award'- Western Chapter I.S.A., 1997 RICHARD MAHONEY, Vice President . Professional Registration international Society of Arboriculture Certified Arborist #W£-1171 ! Bachelor of Business Administration, University of Houston, Texas Mr, Mahoney has been associated West Coast Arborise, Inc. since 1972, he has over thirty years in the arboriculture field. He is responsible for Internal operations, manage- ment of fleet maintenance, repairs and purchasing. Prior to his present position with West Coast, he spent two years as Vice President of Operations for Goiden Coast Envi- ronmental Services, a computer oriented urban forestry consulting firm in Irvine, CA. With extensive background In information systems management, Mr. Mahoney oversees the computer operations of West Coast Arborists, inc. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. RANDY THOMPSON Vice President/Area Manager International Society of Arboriculture Certified Arborist f WE-1043 Mr. Thompson has been with West Coast Arborists, Inc. since September of 1978. He has over twenty-five years experience in the arboriculture field. Responsibilities within the company are broad. He is responsible for estimating, scheduling, personnel and daily operations. As an Area Manager, he Is responsible for field operations and management of crews throughout Orange County. Through his employment he has gained valuable experience In computer estimating and costing programs which are essential in the efficient operation of tree care crews. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. ANDREW R. TROTTER Vice President, Field Operations Manager 1 PrpfeHtonal Registration International Society of Arboriculture Certified Utility Arborfet fWE-642AU Cerdfled Urban Forester f 103, California Urban Forests Council Certified Treecare Safely Professional, CTSP-142 Mr. Trotter has been with West Coast Arborists, Inc. since August of 1982, Prior to that, he had eight years experience In the tree care industry. After working as a Foreman for eight years, Mr. Trotter was promoted to Field Operations Manager in March of 1990. As Field Operations Manager, he supervises all of the field operations as well as managing our wood recycling facility in Irvine. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits and has over thirty years experience. Professional Affliytton Past President - Street Tree Seminar Past Board Member- MSA President- California Urban Forest Council Award of Achtewmetnt • Western Chapter ISA, 2006 WOT* DEBORAH DEPASQUALE Vice President, Contract Services Professional Registration international Society of Arboriculture Certified Arborlst #WE-3812 B.A., Entrepreneurial Management minor in Political Science California Sate University, Fu/lerton Employee of the Year, WCA 1995 Ms. DePasquale has been with West Coast Arborists, Inc. since November of 1993. Before that time, she worked as a consultant for WCA and was a Senior Account Ex- ecutive for a finance company for five years. Her responsibilities include managing the Customer Service Department, Billing, Inventory and Master Pfans and Special Projects. Ms. DePasquale has over sixteen years computer experience and thirteen years in the tree care industry. She receives a minimum of 25 hours credit annually in arboricul- ture continuing education credits. CHRISTOPHER CR1PPEN Vice President, MIS Professional Registration Microsoft Certified Professional Mr, Crippen has been with West Coast Arborists, Inc. since October of 1995. At that time, he had four years experience as a computer programmer for an insurance com- pany. As a computer programmer, he supports the tree inventory software created by West Coast, as well as customizes each software package for each City. In addition, he maintains the inventory databases compiled by the Inventory Specialise. He has over thirteen years computer programming experience and nine years experience in the tree care industry. VICTOR GONZALEZ Vice President, Marketing Professional Registration International Society of Arboriculture Certified Arborlst fWE-7175A Bachelor of Science, Engineering Technology California State University, Long Beach Mr. Gonzalez has been with West Coast Arborists, Inc. since June of 1999. During the previous two years, he worked as a Public Works Inspector for a private engineer- ing firm in Orange and Los Angeles counties. Before that time, he served the City of Beliflower for four years as an Executive Assistant to the Director of Public Services. His responsibilities included contract administration, project management, and cus- tomer service within the Public Works Department. He has over seven years of city government and public works experience. Currently, Mr. Gonzalez is involved in cre- ating a comprehensive sales and marketing plan for WCA. STEVE HUNT Area Manager, Central California Professional Registration International Society of Arboriculture Certified Aitorist fWE-1044 International Society of Arboriculture Certified Treeworker fTW-426 Certified Crane Operator, NCCCO Mr. Hunt has been with West Coast Arborists, Inc. since May of 1991. Before that time, he worked for a residential tree service as a Leadworker/Foreman for five years. He was the eighth Foreman here at WCA and was promoted to Area Manager over ten years ago. As an Area Manager, he is responsible for field operations and manage- ment of crews in the Central California/Fresno area. He is also involved in scheduling, evaluation and production of street tree maintenance. Mr. Hunt has over eighteen years experience in the tree care industry. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. DAVID COOPER Area Manager, West Los Angeles International Society of Arboriculture Certified Arborist #WE-497 Mr. Cooper has been with West Coast Arborists, inc. since August of 1994. Before that time, he worked as a sales manager for thirteen years. As an Area Manager, he is responsible for field operations and management of crews in the West Los Angeles area. He is also involved in scheduling, evaluation and production of street tree maintenance, Mr. Cooper has over twenty years experience in the tree care industry. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. JASON PINEGAR Area Manager, Northern California Professional Registration International Society of Arboriculture Utility Certified Arborist fWE-2G39AU Certified Crane Operator, NCCCO Mr. Pinegar has been with West Coast Arborists, Inc. since December of ! 993, Before that time, he worked for a residential tree service as a tree trimmer for two years. As an Area Manager, he is responsible for field operations and management of crews in the Northern California and Bay area. He is also involved in scheduling, evaluation and production of street tree maintenance. Mr. Pinegar has over thirteen years experience in the tree care industry. He receives a minimum of 25 hours credit annually in arbori- culture continuing education credits. NICK ALAGO Area Manager, Riverside 61 San Bernardino V Professional Registration Intemationai Society of Arboriculture Utility Certified Arbortst #WE-4396AU Certified Crane Operator, NCCCO Mr. Alago has been with West Coast Arborists, Inc. since September of 1999. Before that time, he worked with a residential and commercial tree service for nineteen years, As an Area Manager, he is responsible for field operations and management of crews in the Inland Empire. He is also involved in scheduling, evaluation and production of street tree maintenance. Mr. Aiago has over twenty-four years in the tree care indus- try. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. JOSEPH BARTOLO Area Manager, North East Los Angeles Professional Registration International Society of Arboriculture Utility Certified Arborist fWE-2034AU Mr. Bartolo has been with West Coast Arborists, Inc. since March of 1994. Before that time, he worked for a residential tree service for six years. As an Area Manager, he is responsible for Reid operations and management of crews in North East Los Angeles county. He is also involved in scheduling, evaluation and production of street tree main- tenance. Mr. Bartofo has over sixteen years experience in the tree care industry. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. FRANK QUINN Area Manager, South East Inland Empire Professional Registration International Society of Arboriculture Certified Arborist #WE-1085 California State Licensed Contractor Mr. Quinn has been with West Coast Arborists, inc. since September of 2002. Before that time, he owned his own tree service company for over twenty years. As an Area Manager, he is responsible for field operations and management of crews in the River- side and San Bernardino Counties. He is also involved in scheduling, evaluation and pro- duction of street tree maintenance. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. STAFF QUALIFICATIONS MICHAEL PALAT Area Manager, San Diego County Professional Registration International Society of Arfaoilculture Utility Certified Arborfst #WE-6541 AU B.S., Parks« Recreation Management, minor In Environmental Science California University of Pennsylvania ASCA Academy graduate Mr, Palat has been with West Coast Arborists, Inc. since February of 2003. He broyght several years experience working with Arc View and GPS as well as Held ex- perience. As an Area Manager, he is responsible for field operations and management of crews in the South Orange County and San Diego areas. He is also involved in scheduling, evaluation and production of street tree maintenance. Mr, Palat has over six years experience in the tree care industry, He receives a minimum of 25 hours credit annually in arboriculture continuing education credits and is Chairman of the San Diego Regional Urban Forests Council, ROBERT THOMPSON Area Manager, South East Los Angeles Professional Registration International Society of Arboriculture Certified Arborist fWE-091 §A international Society of Arboriculture Certified Treeworker #TW-219 Mr. Thompson has been with West Coast Arborists, Inc. since Aupst of 2003. Be- fore that time, he worked for a residential and commercial tree service for twenty years. As an Area Manager, he is responsible for field operations and management of crews in South East Los Angeies county. He is also Involved in scheduling, evalua- tion and production of street tree maintenance. Mr, Thompson has over twenty-five years experience in the tree care industry. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. LORENZO PEREZ Area Manager, Ventura 8* Santa Barbara Counties 1W Professional Restoration International Society of Arboriculture Certified Arborist #WE-7443A International Society of ArboricuSture Certified Treeworker #TW-78I Mr. Perez has been with West Coast Arborists, Inc. since September of 1994, As an Area Manager, he is responsible for field operations and management of crews in Ventura and Santa Barbara counties. He is also involved in scheduling, evaluation and production of street tree maintenance. Mr, Perez has over twelve years experi- ence in the tree care industry. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. STAFF QUALIFICATIONS REBECCA MEJIA Arborist Professional Registration International Society of Arboriculture Certified Arborist #WE-2355 R.S., Urban Forestry/Nat. Resource Mgmt Oil Poly San Luis Obispo Mrs. Mejia has been with West Coast Arborists since November of 1995, Before that time, she worked for the U.S. Department of Forestry as a Recreation Technician. Her responsibilities as an Inventory Specialist include reviewing daily record keeping, and collecting tree site information for building databases. In addition, she develops master street tree planting programs and recommends species. Mrs. Mejia currently has over ten years experience in the tree care industry. She receives a minimum of 25 hours credit annually in arboriculture continuing education credits. BRIAN KOCH Inventory Specialist Professional Registration International Society of Arboriculture Certified Arborist fWE-34! B.S., Ornamental Horticulture Cal Poly Pomona Mr, Koch has been with West Coast Arborists, Inc. since November of 2000, Before that time, he worked for Davey Resource Group as a Data Collector for eight years. His responsibilities include collecting tree site information for building databases. In addition, he develops master street tree planting programs and recommends species. Mr. Koch currently has over fifteen years experience in the tree care industry and is member of ISA and the Southern California Turfgrass Council. He receives a minimum of 25 hours credit annually in arboriculture continuing education credits. RENE PORTILLO Safety Trainer <«*£*; ! \1j %s International Society of Arboriculture Certified Utility Arborist #WE-2038AU Certified Treecare Safety Professional, CTSP-137 Mr, Portiilo has been with West Coast Arborists, inc. since December of 1992. Before that time, he worked with Petersen's Tree Service for three years. As the Safety Trainer, he is responsible for in-house training programs for new hire and existing employees. These pro- grams include administering certification training, crew leader training and assisting manage- ment in developing training programs. Mr, Portiilo has over fifteen years experience in the tree care industry. He receives a minimum of 25 hours credit annually in arboriculture con- tinuing education credits. to STAFF QUALIFICATIONS CERTIFIED ARBORISTS International Society of Arboriculture Arborist Certification provides an edu- cationally challenging program designed to upgrade the knowledge and profi- ciency levels in the tree care profession. Having an i.S.A. Certified Arborist oversee the project is vital for the quality and craftsmanship of proper urban tree care. Our Arborists accumulate 10 Continuing Education Units (CEUs) annually, which help to ensure that they are keeping up with the latest re- search and techniques. Below is a list of our I.S.A. Certified Arborists: ]. Nfck Alago * Robert Ban Joseph Bartolo * David Cooper )ason Davtln Deborah OePasquale AI Epperson * Rose Epperson James Goss Victor Gonzalez Shawn A. Guzik * Qlvin Haupt Felix Hernandez WE-4396AU WE-1401A WE-2034AU WE-0497A WE-7628A WE-3812A WE-0719AU WE-IQ45A WE-1042 A WE-7 J 75 A WE-3182AU WE-7634A WE-2037A Steve Hunt Brian Koch Liu Lira ignacio Lopez lorge Magana Patrick Mahoney Richard Mahoney Gail Manzanedo Rebecca Mejia Fiiandro Menjivar Hector Monies Michael Morris Hermtnte Padiila * WE-SQ44A WE-G34IA WE-19G6A WE-7329A WE-3460A WE-I172A WE-1I71A WE-3858A WE-2355A WE-7014AU WE-8079A WE-1095A WE-7SS2A Michael Palat * Lorenzo Perez Jason Pinegar * Rene Porallo * Frank Qutnn Adan Reynaga Rene Resales Randy Thompson Robert Thompson * Shawn Tosh Andrew Trotter * Jeffery Williams ], Charles Working WE-6541AU WE-7443A WE-2039AU WE-2038AU WE-1085A WE-7786A WE-7941A WE-104 3 A WE-09ISA WE-6824A WE-0642AU WE-1100A WE-IS92A * Jernxet Utility Specialist designationCERTIFIED TREEWORKERS The purpose of the ISA Treeworker Certification is to establish a meaningful standard of skil and work quality, to establish and measure a level of training and knowledge, to encourage con- tinuing education, and to promote safe work practices. In an effort to provide the best possible urban tree care, WCA hires, trains and assigns Certified Tree Workers for our projects. This insures that a minimum level of training and knowledge for arboriculture has been obtained and that safe work practices and overall safety will be performed. We ensure continuing education and training for those Tree Workers who may wish to gain knowledge in arboriculture or who may want to become Certified Arborists. Below is a list of our Western Chapter I.S.A. Certified Tree Workers: Jose Luis Abalos Jesus AWia Jose Aguayo Neison Aguirre Ariel Aionso ]ose A. Alvarez Salvador Avefar Eduardo Avila Saul G. Aviia Manuel Barragan Martin Barters Eugene Bairientos Juan Becerra Manuel Briano )ose Abel Cancino Manuei Candetarfo AgusfJn Cjrriik) Antonio Casteilartc* Ruben Comejo Camcrtno Coronel lose iuis Ojronei LeoneS Cortez Pedro Cuevas Jorge Doeras |, Refuge Eseamib Faustino Espinosa 1472 !094 1050 1460 0489 1497 1278 0420 0421 1461 1136 1712 0637 1606 1663 0577 3097 0491 nio 1297 085! 1 !88 1001 1002 1268 1510 Pedro 8. Fuentes i 547 G jbriel G*nino 1 OS 1 Felix Garcia i 003 Gabriel Ortiz Cany i 426 Venliira Gomez 1 1 90 Antonio Gradilla 0971 Jose GuareMQ 1 665 Raymonds Gutierrez 1 074 f austo Guzman 1116 Felix Henundei 0424 Pedro A, Hernandez 1 503 Rafael Hernandez 1 ! 92 Steve Hunt 0426 EHjid Ibarra-Cardoso i 070 Carlos ho 1052 Jorge Jimirwz 0990 Josejimlnez 1076 Ce!soLep« 1118 Uu Lira 0426 Alfredo A. Lopez 0925 Armando Lopez 12SS Francisco Lopez 0992 Juan lo{>ez 1 43 1 Sergio Lopez Rivera 1103 Higuel Macias 1 024 ]ose 1. Mancilb 1299 Juan Marque? 0430 Eduardo Hartmei Joel Hartinei Marcos R. Marfinei Varaquiel Martinez Fiiandro Men|tvar Santos Henflvar Fernando MWer Alberto J. Momerosa Hector Monies ]«sus A, Monies Mfchaei Morris Rene Nttn«z Jorge Orozco Joel Ortiz Juan Ortiz Demetrio Oseguro Marco A. Padiiia Aurelio Pai-Guwiaft Cefestino Perez Eustorgo Perez Lorenzo Perez Rene Portllte Martin Qulntero Francisco Ramirez Ramon Ramirez 1087 S447 166! 043 1 1075 1007 1053 »40Q 1296 0583 0240 1141 1026 0993 1505 1008 1603 1191 1120 0643 0781 0579 0644 1009 1069 Rogelio Ramirez Aclan Reynaga Hugo Angei Rincon Daniel Rivas Joe! M. Rivera Adam Rodriguez Jose Rodriguez Teodoro Rodriguez Valentin Roman Rene Rosaies Isatas Sancftez Saiustio Sanchez Enrique Sandoval Salomon Silva Ruben Soriano Miguei Angei Soto Juan Tellez Roben Thompson Jose Irene Vep lose Trinidad Vega Marco A, Verpra Francisco VRbnueva Cesario Wwceslao Jeffery Wilams J. Charies Working Waiwr E. Zaldaru 0377 0435 0614 1609 1206 0493 0594 120? 1402 1259 1073 1508 1272 0858 1286 1432 1656 0219 1 174 1164 1445 1552 1011 0437 0647 1529 11 hi 62008 CERTIFIED URBAN FORESTER The California Urban Forests Council's Certified Urban Forester program recog- nizes, encourages, and enhances the education, experience and professional status of urban forestry professionals, while providing agencies, organizations, and com- panies that utilize their services a benchmark for Identifying qualified professionals. The Certified Urban Forester Program grants certification to individuals who meet both educational and professional prerequisites and have compiled with the re- quirements, including passing a required certification examination. The require- ments correspond to knowledge, abilities, skills and experience commensurate with the professional practice of urban forestry. Andrew R. Trotter, Certified Urban Forester #103, California Urban Forests Council URBAN FORESTER CERTIFIED TREECARE SAFETY PROFESSIONAL The Tree Care Industry Association (TCiA) accredits; tree companies, devel- ops safety and education programs, establishes standards of tree care practice and provides management information for arboricuitural firms around the world. Our purpose for having Certified Treecare Safety Professionals {CTSP) is to improve worker safety by empowering and encouraging the development of a culture of safety. Currently, WCA has the greatest number of Certified Treecare Safety Professionals in the state of California and they are listed as follows: Andrew IL Trotter, Certified Treecare Safety Professional # 142 Gabriel Ortiz Garcia, Certified Treecare Safety Professional #138 Herminio Paditla, Certified Treecare Safety Professional #139 James Charles Working, Certified Treecare Safety Professional #14! Juan Marquez, Certified Treecare Safety Professional #143 Rene Portillo, Certified Treecare Safety Professional #137 Veronica King, Certified Treecare Safety Professional # 140 UTILITY LINE CLEARANCE TREEWORKERS The State's Occupational Safety and Health Administration (Cal/OSHA) requires that employers of line clear- ance tree trimmers and aerial lift operators to certify that their workers have received specific training in accor- dance with the American National Standard's Institute Z133.2 guidelines. We have an extensive training pro- gram that aids in the development of the Utility Line Clearance Treeworkers. We currently have sixty Utility Line Clearance Treeworkers on staff, A detailed listing of names can be provided If requested. PEST CONTROL ADVISOR AND APPLICATOR California Agriculture Production Consultants Association (CAPCA) is a professional association that promotes and educates the licensed Pest Control Advisor (PCA),; thereby fostering the highest quality pest management standards while recognizing our responsibility to the public, our employees, and the environment. Shawn A. Guzik, Pest Control Applicator #QU9125 Paul Webb, Pest Contro! Advisor #QL02023 12