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CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH WEST COAST ARBORISTS, INC.
(CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES)
1. PARTIES AND DATE.
This Agreement is made and entered into this 18th day of May, 2022 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and West Coast Arborists, Inc., a California corporation with its principal place of business 2200 E. Via Burton Street, Anaheim, CA 92806(“Contractor”).
City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing citywide tree trimming and maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the citywide tree trimming and maintenance services project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional citywide tree trimming and maintenance or other general services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1st, 2022 to June 30, 2026 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Anne Turner, Community Services Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Victor Gonzalez or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subDocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or
3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.9.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB).
Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
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Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.
Best’s rating no less than A-:X and authorized to issue the required policies in California.
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3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
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3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000) per fiscal year (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s Representative Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Apprenticeable Crafts. If the services are performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
Contractor:
West Coast Arborist Inc.
2200 E. Burton St.
Anaheim, CA 92806
Attn: Victor Gonzalez
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Anne Turner
Community Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH WEST COAST ARBORISTS, INC.
(CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Anne Turner
Community Services Director
Reviewed By: _________________________
Moses Cortez
Facilities, Parks & Trails Manager
Reviewed By: _________________________
Scott Briggs
Acting Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH WEST COAST ARBORISTS, INC.
(CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
WEST COAST ARBORISTS, INC.
a California Corporation
By: _________________________
Patrick Mahoney
President
By: _________________________
Richard Mahoney
Secretary
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EXHIBIT “A”
SCOPE OF SERVICES
I. Scope of Work
Citywide tree trimming and maintenance services at the various locations upon real and personal property of the City. Services shall include tree trimming, tree and stump removals, root pruning, tree planting, and emergency call-out. These services are necessary to maintain approximately 72,000 trees within the City's boundaries.
II. Required Qualifications
Contractor must hold a valid state of California contractor's license classification (C61/D-49 and C-27). Contractor must have full time, permanently employed staff trained and certified in the tree maintenance industry.
Contractor must submit to director or designee a quality control plan upon recommendation for award of an agreement. The quality control plan shall provide an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. This will include the staffing of an arborist, certified through the international society of arboriculture (isa) for the entire length of the contract as site supervisor (current certification required).
Contractor must have satisfactorily completed at least five (5) separate and individual southern California municipal tree trimming projects in the last five (5) years or provide evidence of comparable projects. Each project shall be of comparable size to the scope of this project.
Contractor must submit to the director or designee a current OSHA certification of all aerial devices and the most recent California highway patrol commercial vehicle inspection report to be used during this project upon recommendation for award of an agreement.
Contractor must submit to the director or designee for approval, a current safety manual meeting SB198 requirement for injury and illness prevention upon recommendation for award of an agreement
III. PRUNING STANDARDS AND SPECIFICATIONS
All work shall conform to the American National Standards (ANSI) A300 Pruning Standards specifications. in all cases, the City's authorized representative shall have complete and sole discretion in determining conformance and acceptability of trees DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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trimmed by the contractor. trimmed trees rejected by the City Representative shall be excluded from payment.
Tree Trimming will include structural pruning, crown raising, and crown cleaning. Contractor shall comply with standards of CAL OSHA and the American National Standard Institute (ANSI) 2133 Safety requirements.
Contractor shall provide and post "NO Parking" signs 72 hours in advance of the work and distribute written notices to affected residents of the pending work. Notices shall be printed on both sides, in English and Spanish.
Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner, which will cause the least possible interference and annoyance to the public. Work shall be performed by competent, qualified and certified employees and supervised by an experienced supervisor in tree trimming operations. The contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA).
Trimming shall remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachments should normally be removed. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting.
The remaining limbs and branches shall not be split or broken at the cut. All crossed, rubbing or problem limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming.
Any vine plant growing on the trees shall be removed to ground level. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
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Unless otherwise provided, trees are to be trimmed block by block, subject to the instructions of the maintenance superintendent or designee. Contractor shall maintain at least one (1) bi-lingual English/Spanish speaking foreman, on-site at all times.
When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. Topping shall not be done without prior approval of the City. The contractor shall be required to provide all traffic control required during any tree care operations. Should the work involve any high voltage lines the contractor shall be required to notify the responsible utility company.
IV. STREET TREE CLEARANCE TRIMMING
Trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Clean up and removal of all trimmings shall be included at no additional charge. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, 1/2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
V. STREET TREE AESTHETIC TRIMMING
Street tree aesthetic trimming shall be performed on all trees located within the public right of way. The contractor will be given specific locations for aesthetic trimming by the maintenance superintendent or designee prior to any work being performed. Tree quantities for this type of trimming shall be determined and agreed upon prior to any work being performed. Clean up and removal of all trimmings shall be included at no additional charge.
Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an acceptable aesthetic appearance. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close 1/2 inch; to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly.
VI. PARK/SLOPE TREE AESTHETIC TRIMMING -AERIAL UNIT
Street tree aesthetic trimming
O Street tree aesthetic trimming shall be performed on all trees located within the public right of way. The contractor will be given specific locations for aesthetic trimming by the maintenance superintendent or designee prior to any work being performed. Tree quantities for this type of trimming shall be determined and agreed upon prior to any work being performed. Clean up and removal of all trimmings shall be included at no additional charge.
O Trees designated for aesthetic trimming shall be trimmed, shaped and thinned.
The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an acceptable aesthetic appearance.
O The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch.
All cuts shall be made sufficiently close 1/2 inch; to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly.
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Park/Slope Tree Aesthetic Trimming -Aerial Unit
VII. PARK/SLOPE TREE AESTHETIC TRIMMING -CLIMBER
Park/Slope Tree Aesthetic Trimming will be performed on trees located out of the Public Right of Way that cannot be safely reached with an aerial unit that must be climbed in order to complete the necessary trimming. These trees may be located within city parks, landscape maintenance districts (slope areas) and city facilities. These trees are typically located within the higher reaches of our landscape maintenance districts (slope areas) as well as areas of city parks that do not allow large vehicle access. The contractor will be given specific locations for sites to be trimmed by the City Representative, or designee, prior to any work being performed. Tree quantities for this type of trimming shall be determined and agreed upon prior to any work being performed. Clean up and removal of all trimmings shall be included at no additional charge. Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways, unless otherwise directed by the City Representative. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an acceptable aesthetic appearance.
The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close 1/2 inch; to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly.
VIII. PALM TREE TRIMMING
Standard trim; remove all dead and live fronds to that the remaining healthy fronds are existing at an upward thirty (30) degree angle in relation to a horizontal plane at the head of the palm tree. All frond sheaths shall be removed along the entire length of the tree.
Clean up and removal of all trimmings shall be included at no additional charge.
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IX. PALM TREE SKINNING/SHAPING
Removal of rough webbing of "skin" on trunk of tree, avoiding damage to the soft inner part of the trunk. Clean up and removal of all trimmings shall be included at no additional charge.
X. TREE & STUMP REMOVAL
The trees to be removed will be marked in a manner determined by the City Representative. Only those trees marked by the city shall be removed by the contractor.
Clean up and removal of all trimmings shall be included at no additional charge. Trees shall be felled in a manner consistent with industry practice with the primary emphasis on the safety of the public and the protection of adjacent property. Stumps shall be ground to a minimum of twelve inches (12”) below the level of the adjacent ground. Holes shall be filled with resulting mulch and raked level with the adjacent ground. All wood, debris and excess mulch shall be removed and the surrounding area shall be raked and/or swept clean. Note: if stump grinding does not follow within the same work day as removal, the tree trunk shall be left at five feet (5') above grade or a safety barricade shall be placed and maintained over the stump until the stump grinding is complete.
The contractor shall be responsible for contacting Underground Service Alert (USA) for the locating of underground utilities prior to stumping operations.
XI. ROOT PRUNING
Root pruning work will be specified on work orders to the contractor with specific street address and location, as well as, identifying root pruning along the sidewalk or curb or both.
Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other improvement. Root pruning cuts shall be four inches (4”) wide, eighteen inches (18”) deep as measured from the top of sidewalk, curb or adjacent improvement and extended eight feet (8') in each direction from the centerline of the tree, ten feet (10') total length.
Root barrier shall be Deep Root Panel Barrier or approved equal. Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks.
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All cuts shall be backfilled immediately upon completion of root pruning and installation of root barrier if required at each location. Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from rocks. All debris generated by these operations shall be immediately removed from the site and properly disposed of outside the right-of-way.
XII. PLANTING
Planting trees, including staking and installing ties, trunk guards, root barriers, and manual watering once per week for a minimum of four weeks, to maximize tree health and survival. Provide trees and all materials and labor necessary for a complete and proper installation. New trees are to be installed in accordance with APWA Standard plans for Public Works construction details double staked and ties with wood lodge poles.
XIII. EMERGENCY/ "ON CALL" WORK
Contractor shall be required to provide emergency/"on call" response to hanging limbs, wind damaged or downed trees. This may be at night or during storm or other bad weather conditions. The contractor will be given specific locations and the work to be done at each location via a telephone call from a City authorized representative. The contractor shall be required to start the work indicated within sixty (60) minutes of the initial telephone call and report back to The City representative upon completion of the work specified.
The contractor is required to provide a 24-hour emergency phone number and/or pager number and names of a minimum of two (2) contact individuals within one week of award of an agreement. Should the phone number, pager number or contact person(s) change during the course of the agreement, it will be the responsibility of the contractor to notify the City Representative of the Community Services Department. In the event the contractor cannot be contacted or fails to respond, a penalty of $500.00 per incident may be deducted from future contractor payments.
The contractor shall be required to provide all traffic control required during any emergency operations. Should the work involve any high voltage lines the contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this agreement shall be paid for on a time and materials basis. This shall include all labor, tools, equipment, disposal fees, and materials necessary for completing the emergency work. The contractor shall supply a list of manpower and equipment rates to be charged, and a markup percentage for materials and other costs. This list is to be supplied upon recommendation of award of an agreement.
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XIV. SCHEDULE OF WORK AND HOURS OF OPERATION
Contractor will be required to commence work within ten (10) working days of award of an agreement. The contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of work. The general hours of operation shall be 9:00 a.m. To 3:00 p.m. On major streets and 7:30 a.m. To 4:00 p.m. On residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise. The days of operation shall be Monday through Friday. No work shall be performed on Saturday or Sunday unless authorized by the City.
In addition, the contractor shall meet with the City Representative on a pre-scheduled monthly basis.
XV. BUSINESS LICENSE
The selected contractor must apply for and maintain a proper business license from the city of Corona while conducting work related to this project. Any fees related to the business license are the responsibility of the Contractor.
XVI. ENCROACHMENT PERMIT
The selected contractor must apply for an Encroachment permit issued by the City's Department of Community Services for any work performed within the public right-ofway, which will be provided at no cost to the selected contractor XVII. CLEAN UP
Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. From the lawns, and the sweeping of sidewalks and streets. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Brush and debris shall be removed daily, sidewalks swept, lawns and medians raked, and gutters cleaned.
The Community Services Department maintenance superintendent, or authorized representative, shall be the sole judge as to the adequacy of the cleanup.
XVIII. DISPOSAL OF MATERIALS OR DEBRIS
All tree branches, brush, tree trunks and other materials produced as a result of the Contractor’s operations under this agreement become the property of the contractor and will be reduced, reused, recycled, and/or transformed. Any debris or materials requiring disposal shall not be deposited in a landfill.
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Reducing will include, but is not limited to chipping, grinding, and/or shredding operations. Reusing will include, but is not limited to using chipped, ground, or shredded tree material as mulch. Recycling will include, but is not limited to chipped, ground, or shredded tree material used to produce compost. Transformation will include, but is not limited to, firewood that is too large to be chipped, ground or shredded for use as mulch.
XIX. INSPECTION
The Community Services Staff, or an authorized representative, shall at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work. The inspection of the work shall not relieve the contractor of any of his/her obligation to fulfill the agreement and/or complete the project described. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by both Community Services Department representative and accepted for payment.
XX. TREE TRIMMING PROGRAM
Public notice of the tree trimming program will be supplied by the contractor with final approval by the Public Works Department Maintenance Superintendent.
XXI. TREE INVENTORY DATABASE
The City currently has over 26,000 trees inventoried and maintained in a computerized database and tree management software package. Contractor shall provide and maintain a computerized tree inventory system of all trees serviced for the City during the term of this agreement. The contractor shall provide the Community Services Department with a state of the art record keeping software system that allows the Community Services Department to monitor and maintain information regarding our urban forest maintenance program. The system shall provide detailed information which includes GPS location of trees, species, site information, work histories, service requests, and summary reports, and city staff shall be provided direct access to the software. The City of Corona currently utilizes the ArborAccess tree inventory system. Special consideration will be given to contractors who utilize this system or can provide a compatible system and seamlessly migrate data to the new system within 2 weeks of receiving data from current system.
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XXII. INVOICING
Tree management software shall have the ability to handle multiple budgets and update job budgets on a daily basis. Funding for the project will be provided by different political subdivisions (CSD, LLD) and each will have a set budget. The Contractor will be required to provide City staff with the ability to see updated remaining budgets on a timely basis, including prior to end of month invoicing. Contractor invoicing software should have the ability to keep a daily, monthly and annual total spent to date per account, per fiscal year budget, and produce that data when required.
XXIII. PICTURES
Contractor is to supply, at no cost to the Community Services Department, pictures of "before" and "after" trimming that is suitable for reproduction when requested by the Community Services Department.
XXIV. Safety
Contractor shall conform to all Traffic Safety requirements and operating rules at all times while this agreement is in effect and complying with the "Work Area Traffic Control Handbook'' for safety and traffic control.
Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility solar Arrow Board with no exception. All traffic safety equipment must be approved for use, prior to utilization, by the City.
A traffic control plan will be submitted to the Facilities, Parks and Trails Manager at least five (5) days prior to starting this agreement.
Illuminated arrow boards, sign standards, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety.
XXV. VEHICLE MAINTENANCE
Contractor vehicles and equipment shall be maintained both visually and operationally.
Paint and body of vehicles shall be maintained in good condition with no visible rust or body damage. Contractor employees shall operate vehicles at all times in compliance of State or California Department of Motor Vehicles, CAL-OSHA, and all other applicable codes required by the State, County and City.
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XXVI. SIGNS
All Contractor vehicles shall have safety features and shall be painted a uniform color and shall bear in legible letters the Contractor's name and the following wording on an affixed magnetic sign on both the driver and passenger doors when actively operating with the city limits:
"Contracted to Serve the City of Corona" ''Community Services Department at 951-736-2241"
XXVII. WORKMANSHIP AND SUPERVISION
The Contractor shall provide staffing and equipment sufficient to complete the work as specified herein. All workers are to be legally documented. The City may request these records.
Work shall be performed by competent and experienced operators. All employees must have the appropriate class of driver's license for the type of equipment they are operating. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Contractor Supervisors must communicate effectively, both in written and oral English. Any order given to these supervisors shall be deemed as delivered to the Contractor. All personnel working on this City project shall be neat in appearance and in uniforms as approved by the City Representative. All personnel shall wear identification badges or patches.
Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor.
XXVM. LIABILITY FOR DAMAGES
The contractor shall be fully responsible for any and all damage done to City or private property, equipment, or other property of the public premises that result from the Contractor's operations under this contract.
The Contractor may insure the equipment, materials, and work to cover Contractor's interest in the same. The City will not, under any circumstances, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed in fully completing the contract.
DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4 CA\DD\02000.50102\10151745.3
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Contractor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorney's fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work or activities conducted or performed by Contractor pursuant to a mutual contract.
XXIX. ADVERTISING
No advertising of any kind or description, bill posters, printed, painted, or by the use of any other method application legible to human sight, shall appear on any equipment, buildings, structures, fences, canopies, posts, or signs except valid and authorized legal notices required to be placed thereon and except as may he specifically authorized in these general conditions.
XXX. TERM OF CONTRACT
Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of five (5) years. The term is intended to commence in July 1, 2022, after city council approval of this contract, and upon receipt and approval of all required bonds and insurance.
The term of this agreement may be extended for an additional five (5) year option term, for a total of nine (9) years. Unless the city notifies contractor in writing pursuant to Section 3.4 Termination of Agreement above, then the city intends to extend the agreement for the additional five-year period. This assumes the city and contractor reach an agreement on the terms and conditions of the extension of the initial term. Time is of the essence in the performance of services under this agreement.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines.
The term of this Agreement shall be from July 1st, 2022 to June 30, 2026 with a single additional five (5) year option term (“Term”), unless earlier terminated as provided herein..
The term of this Agreement may be extended for an additional five (5) year option term. Unless the City notifies Contractor in writing at least ninety (90) days before the end of the initial term of Its intent to terminate the Agreement at the conclusion of the initial term, then the City intends to extend the Agreement for the additional five-year period. This assumes the City and Contractor reach an Agreement on the terms and conditions of the extension of the initial term.
Time is of the essence in the performance of services under this Agreement.
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EXHIBIT “C”
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this Exhibit “C”.
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The Contractor may request an adjustment to the prices set forth in Exhibit “C” to go into effect at the beginning of the fiscal year after the conclusion of the initial two (2) years of the first five (5) year term; and thereafter biennially. The responsibility to request price adjustment will be the CONTRACTOR's, and a formal request must be made in writing to the City Representative no later than April 1 preceding the beginning of the fiscal year the increase may take· effect. The amount of any price adjustment shall not exceed three percent (3%) of change, for the previous 12-month period only, in the Consumer Price Index for All Urban Consumers (CPI-U) in the Riverside-San Bernardino-Ontario, CA metropolitan area published monthly by the U.S. Bureau of Labor Statistics. The March report, normally published in April shall be used for this purpose. The proposed price increase request schedule is as follows, subject to the procedures set forth in this section:
Requested Contract Price Increase Effective Based on CPI-U Report July 1, 2023 March 2023
July 1, 2025 March 2025
July 1, 2027 March 2027
July 1, 2029 March 2029
DocuSign Envelope ID: 58EE2CBA-C0A0-4EC3-98E1-B5BB9920B7A4