ITEM 4. 15
CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT AMENDMENT NO. 1 WITH
WEST COAST ARBORISTS, INC.
RECOMMENDATiON: Adopt Resolution Approving Contract
Amendment No. 1 with West Coast
Arborists, Inc. to Extend the Contract Term
by Three Years, Ending 7une 30, 2026, with
an Annual Contract Budget Amount of
200, 000
SUMMARY:
On November 9, 2020, City Council awarded a Tree Maintenance Service Contract to West Coast Arborists, Inc. for tree maintenance services and on- call response to address City- owned trees. In October 2021, West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement with the City to create a comprehensive City- wide Tree Inventory Program and Assessment. The information captured from this inventory process is stored, shared, and maintained in the West Coast Arborists, Inc. proprietary copyrighted software system called Arbor Access.
On January 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One, which amended the original annual contractual amount from 100, 000 per fiscal year to $ 200, 000 for FY 22/ 23 for annual tree maintenance, oncall requests, and continued effective health monitoring of City- owned trees. Staff is recommending to extend the Contract term by three years at an annual budgeted amount of $ 200, 000 to continue the tree maintenance, grid prune, and use of their propriety copyrighted software system, Arbor Access.
BACKGROUND:
In accordance with Lathrop Municipal Code 2. 36. 150, an RFP for Tree Maintenance Services was issued on September 23, 2020 and four ( 4) proposals were received.
After evaluating and ranking the proposals, West Coast Arborists, Inc. was determined to be the lowest responsive and responsible bidder with bid totals well below other responders. West Coast Arborists, Inc. was established in 1972, and is currently providing professional tree maintenance and management services for over 330 municipalities and public agencies through California and Arizona. On November 9, 2020, Resolution 20- 4803 was approved by the City Council, awarding a Tree Maintenance Service Contract to West Coast Arborists, Inc. for annual tree maintenance and on- call response for the maintenance of City- owned trees. The initial amount of the West Coast Arborists, Inc. contract was $ 70, 000 for the remainder of the 20/ 21 fiscal year and $ 100, 000 for each of the next two fiscal years.
In October of 2021, the City and West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement to create a comprehensive City- wide Tree Inventory Program and Assessment. The information, including tree species, location, health, side- walk roots, stumps, and grid prune, was captured and cataloged in the West Coast Arborists, Inc. proprietary copyrighted software system called Arbor
CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT AMENDMENT NO. 1 WITH WEST COAST ARBORISTS, INC. TO EXTEND CONTRACT TERM BY THREE YEARS AT AN ANNUAL CONTRACTED BUDGET AMOUNT OF $ 200, 000.
On 7anuary 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One which amended the original annual contractual amount from 100, 000 per fiscal year to $ 200, 000 for FY 22/ 23 for annual maintenance, grid pruning, on- call response, and continued effective health monitoring of City- owned trees. Staff is requesting City Council approve a contract amendment with West Coast Arborists, Inc. to extend the original termination date by three ( 3) years to June 30, 2026 at a not to exceed budget of$ 200, 00 per fiscal year in order to effectively utilize the compiled data acquired and organized by West Coast Arborists, Inc. under the Professional Service Agreement using their proprietary copyrighted software, and to continue to monitor the health of the growing population of City- owned trees, which are a community asset. West Coast Arborists, Inc. will be maintaining the original pricing with the exception of the contractual standard cost of living adjustment.
Department Head is requesting the exception to bid requirements, Lathrop Municipal Code 2. 36. 110, due to the West Coast Arborist, Inc. proprietary and copyrighted software, platform, and pricing point which will not be changed.
Staff recommends City Council approve the proposed contract amendment with West Coast Arborists, Inc. amending contract term of the original termination date by three 3) years at an annual budget amount of $ 200, 000.
RECOMMENDATION:
Adopt a Resolution Approving an Amendment with West Coast Arborists, Inc. extending contract term by three ( 3) years and annual contracted budget amount of 200, 000.
FISCAL IMPACT:
Funds are available within the proposed budget.
ATTAC H M E NTS:
A. Resolution Approving an Amendment with West Coast Arborists, Inc. extending contract term by three ( 3) years at an annual budget amount of $200, 000.
B. Contract Amendment No. 1 to the Contract for Tree Maintenance Services for City- Owned Trees Between the City of Lathrop and West Coast Arborists, Inc. to Extend Term by Three ( 3) Years at an Annual Budget Amount of $ 200, 000
CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT AMENDMENT NO. 1 WITH WEST COAST ARBORISTS, INC. TO EXTEND CONTRACT TERM BY THREE YEARS AT AN ANNUAL CONTRACTED BUDGET AMOUNT OF $ 200, 000.
APPROVALS:
s . Z. 23
Todd Se sti n Date
Director of arks, Recreation,
and Maintenance Services
3 Cari J m Date
Director f Finance
s. Z -- z.o z. 3
Salvador Navarrete Date
City Attorney
S• 3 - 3
Step en J. Salvatore Date
City Manager
ATTACHMENT
w
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A CONTRACT AMENDMENT NO. 1 WITH WEST COAST
ARBORISTS, INC. EXTENDING CONTRACT TERM BY THREE YEARS AT AN ANNUAL CONTRACTED BUDGET AMOUNT OF $ 200, 000
WHEREAS, in accordance with Lathrop Municipal Code 2. 36. 150, an RFP for Tree Maintenance Services was issued on September 23, 2020 and four (4) proposals were received; and
WHEREAS, after evaluating and ranking the proposals, West Coast Arborists, Inc. was determined to be the lowest responsive and responsible bidder with bid totals well below other responders; and
WHEREAS, on November 9, 2020, Resolution 20- 4803 was approved by the City Council, awarding a Tree Maintenance Service Contract to West Coast Arborists, Inc. for annual tree maintenance and on- call response for the maintenance of Cityowned trees; and WHEREAS, the initial amount of the West Coast Arborists, Inc. contract was 70, 000 for the remainder of the 20/ 21 fiscal year and $ 100, 000 for each of the next two fiscal years; and
WHEREAS, in October of 2021, the City and West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement to create a comprehensive City- wide Tree Inventory Program and Assessment; and
WHEREAS, the information, including tree species, location, health, side- walk roots, stumps, and grid prune, was captured and cataloged in the West Coast Arborists, Inc. proprietary copyrighted software system called Arbor Access; and WHEREAS, through their software, staff are able to review job status updates, see the mapped locations, plan location replacement, and quickly identify type of species, schedule repairs, and valuations of City- owned assets; and WHEREAS, on January 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One which amended the original annual contractual amount from $ 100, 000 per fiscal year to $ 200, 000 for FY 22/ 23 for annual maintenance, grid pruning, on- call response, and continued effective health monitoring of City- owned trees; and
WHEREAS, Staff is requesting City Council approve a contract amendment with West Coast Arborists, Inc. extending the term of the original termination date by three ( 3) years to June 30, 2026 in order to effectively utilize the compiled data acquired and organized by West Coast Arborists, Inc. under the Professional Service Agreement using their proprietary copyrighted software and to continue to monitor the health of the growing population of City- owned trees, which are a community asset, at an annual budget amount of $ 200, 000; and
WHEREAS, West Coast Arborists, Inc. proposes to maintain the original contract price plus contractual standard cost of living adjustment; and WHEREAS, the Parks, Recreation, and Maintenance Services Director considers this request to fall within the exception to bid requirements of Lathrop Municipal Code 2. 36. 110 since similar services cannot be obtained by another means since services to be provided rely extensively on the proprietary and copyrighted software professionally developed by West Coast Arborists, Inc. and used to provide services herein required; and
WHEREAS, Staff recommends City Council approve the proposed contract amendment with West Coast Arborists, Inc. to extend the term of the original termination date by three ( 3) years at an annual contracted budgeted amount of 200, 000.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves an amendment with West Coast Arborists, Inc. extending the contract term by three ( 3) years to June 30, 2026 at an annual budget amount of 200, 000.
The foregoing resolution was passed and adopted this 8T" day of May 2023, by the following vote of:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FOR •
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney qTTA yHME( T
y `ff. !
CONTRACT AMENDMENT NO. 1 TO THE CONTRACT FOR TREE MAINTENANCE
SERVICES FOR CITY- OWNED TREES BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC. TO EXTEND TERM BY THREE ( 3) YEARS AT AN ANNUAL BUDGET AMOUNT OF $ 200, 000
This Contract Amendment ( hereinafter AMENDMENT NO. 1") to the contract between West Coast Arborists, Inc. and the City of Lathrop dated November 9, 2020 hereinafter " AGREEMENT") dated for convenience this day of 2023, is by and between West Coast Arborists, Inc. (" CONTRACTOR") and the CITY OF LATHROP, a California municipal corporation (' CITY");
RECITALS:
WHEREAS, on November 9, 2020, City Council approved an AGREEMENT between the City and CONTRACTOR to provide Tree Maintenance Services for all Cityowned Trees, not to exceed $ 70, 000 for the remainder of the 20/ 21 fiscal year and 100, 000 for each year of the next two fiscal years; and WHEREAS, in October 2021, West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement with the City to create a comprehensive City- wide Tree Inventory Program and Assessment; and WHEREAS, on January 9, 2023, City Council approved Resolution 23- 5203 for Contract Change Order Number One which amended original annual contractual amount to $ 200, 000 for fiscal year 22/ 23 for annual maintenance, grid pruning, oncall requests, and continued effective health monitoring of City- owned trees.
NOW, THEREFORE, CONTRACTOR and CITY agree as follows;
CONTRACT AMENDMENT NO. 1 TO AGREEMENT
i) Term of the Original Termination Date. Section ( 1) of the AGREEMENT is hereby amended to add the following:
Term: This Contract shall commence on July 1, 2023, and be binding on the parties on, the date of execution of this Contract, and shall expire on June 30, 9 t, 2026, subject to the earlier termination of this Contract. This Contract s- af e-- ee c e+ e- R;- , . w i I I
have an annual budget amount maximum of A A89 $ 200, 000 per each fiscal year 7/ 1/ 2023 through 6/ 30/ 2026 at the same rates as provided by Contractor in Exhibit A.
2) Applicabilitv to Original CONTRACTOR AGREEMENT
All terms and conditions set forth in the AGREEMENT dated November 9, 2020 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
CONTRACT AMENDMENT NO. 1 TO THE CONTRACT FOR TREE MAINTENANCE
SERVICES FOR CITY- OWNED TREES BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC. TO EXTEND TERM BY THREE ( 3) YEARS AT AN ANNUAL BUDGET AMOUNT OF $ 200, 000
3) Signatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 on behalf of the respective legal entities of the CONTRACTOR and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CONTRACT AMENDMENT NO. 1 TO THE CONTRACT FOR TREE MAINTENANCE
SERVICES FOR CITY- OWNED TREES BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC. TO EXTEND TERM BY THREE ( 3) YEARS AT AN ANNUAL BUDGET AMOUNT OF $ 200, 000
Approved as to Form: City of Lathrop
City Attorney
S Z - Zo Z 3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Parks, Recreation, & Maintenance Services Director
S. Z3
Todd Sebastian Date
Approved By: City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
CONTRACTOR: West Coast Arborists, Inc.
220 E. Via Burton Street
Anaheim, CA 92806
Signature Date
Print Name and Title)
CONTRACT FOR TREE MAINTENANCE SERVICES
BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS INC.
This Contract, dated November 9, 2020, is entered into by and between the City of athrop, a municipal corporation of the State of California ( City), and West Coast Arborists Inc., Contractor), whose Taxpayer ldentification Number is qS ' 3 5 Dl0$aZ For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
1. Term. This Corrtract shall commence on, and be binding on the parties on, the date of execution of this Co ract, and shall expire on June 30, 2021, subject to the earlier termination of this Contract. This coMract may be extended by the City Manager for up to two ( 2) additional consecutive years after the in ial contract period in one ( 1) year increments at a total amount maximum of$ 100, 000 per year at the same rates as provided by Contractor in Exhibit A. The City shall notify the Contractor in writing of the intent to extend the contract by June 1' of the current contract year.
2. General Scooe of Proiect and Woric. The work to be performed is described in the Ci of Lathro Reauest for Proaosals for Tree Maintenance Services( P oject). Contractor shall fumish labor, services, materials and equipment in connection with the perFormance of the described Tree Maintenance and complete the Work in accordance with the covenants, teRns and conditions of this Contract to the satisfaction of the City. The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Proposal Documents which may be necessary for the complste and proper performance of the Tree Maintenance in good faith shall be performed, fumished, and installed by the Contractor as though originally spec ed or shown. The Contractor will be compensated for actual work performed in accordance with the rates and provisions contained in these Documents and those submitted in the Contracto' s proposal.
Work to be determined and may be but is not required to be assigned by the City on an as-needed basls paid at the rates provlded by the Contractor In Exhlbit A, and up to a Not-taExceed Total Amount of:
70. 000( Seventv Thousand Dollarsl
3. Documents. No Amount of work or payment is guaranteed by this contract. This Contract shall include the Citv of Lathroo Reauest for Proaosal for Tree Maintenance Services Project) which is on file with the Public Works Department and is hereby incorporated by reference ( i. e. RFP, certification of insurance) and the Proposal submitted by West Coast Arborists on October 5, 2020, attached as Exhibit A. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions there,of are set forth in the following order of precedence:
Contract, RFP, Contractors Proposal.
4. Com ensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor at the rates set forth in the Contractor' s Submitted Cost Proposal Rate Schedules in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for woric not yet complete. in no event, shall the Contractor be entitled to payment for work not included in the app oved scope of work, a written task order, or change o der signed by the City's Public Works Director prior to commencement of any work.
5. insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section VIII of the RFP on terms and conditions and in amounts as may be required by the City. City shall not be ob{igated to take out insurance on Contractor' s personai property or the personal property of any person perforrning labor or services or supplying materials or equipment under the Project.
Contractor shali furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf. Proof of insurance shall be mailed to the ProJect Manager to the address set forth in Seation 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penafties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the wiliful or negligent act or omission of Contractor, or which results from Contractor's noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractors failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law impases strict liability on Contractor in the performance of or failure to pertorm the terms and conditions of this Contract, except as may arise from the sole wiilful or negligent act or omission of City or any of its City Council members, ofFicers, employees. This indemnification shall extend to any and ali claims, demands, or liens made or fiied by reason of any canstruction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumntion of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole wilfful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or pertormance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be constnied to waive or to tessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, teRns and conditions of this Contract.
9. Com liance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in fo ce pertaining to the Project and Woiic and this Contract, with the requirement of any fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Pmject site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
10. Bonds. Not Applicable to this Corrtract.
11. Rearesentations and Warranties. In the suppty of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Wo ic shail be free of defects in v orkmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is requi ed to be filed, on the date that final payment is made hereunder;
4) Any manufacturer's wa ranty obtained by Contractor shali be abtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any inforrnation submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; 6) Contractor has not coiluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractors Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authoriry to enter into this Contract with City, thatthe individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shali be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contracto has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes befinreen Contractor and City which would materially affect Contractor's ability to perForm under the Contract; 10) Contractor has fumished and will fumish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person perforrning labor and services under this Project is duly licensed as a contractor with the State of California as required by Califomia Business 8 Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project sites and assets proposed for maintenance( assets) and has full knowledge of the physical conditions of the Project sites and assets.
12. AssiQnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shail be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additionai charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits b Ci . During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in Califomia Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the othe party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth betow during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with 1), ( 2) or( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile Vansmission.
To Ciry: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: ( 209) 941- 7449
Copy To: Public Works Director
390 Towne Centre Drive
Lathrop, CA 95330
To Contractor: West Coast Arborists
2200 E. V'ia Burton Street
Anaheim, CA 92806
Phone: 714) 991. 1900
Fax: 714) 956. 3745
ATTN: Victor Gonzalez
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be gove ned and construed by and in accordance with the Laws of the State of Califomia. 4) Definitions. The de nitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior govemmental authority. 6) Headings. The paragraph headings are not a pa t of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
8) Integration. This Contract and any amendments hereto between the parties constitute the entire corrtract between the parties conceming the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modfication of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
10) Provi ion. Any contract, covenant, condition, clause, qualification, restriction, reservation,, term or other stipulation in the Contract shall define o otherwise control, establish, or limit the perFormance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitied to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and ali claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be perFormed shall be computed by excluding the first Day and including the {ast. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for pertormance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that hial of such action shall be vested exclusively in the state courts of Califomia in the County of San Joaquin or in the United States District Court for the Eastem District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enfo cement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with al! applicable standa ds, orders, or requirements issued under Section 306 of the Clean Air Act( 42 USC 1857( h)), Section 508 of the Clean Water Act( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Poficy and Conservation ACT( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the depos s shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in constnaction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to P oceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract epresent and warrant that they have the right, power, legal capacity, and authority to enter inta and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code§ 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of Califomia wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
LIST OF EXHIBITS:
A: CONTRACTOR' S SUBMITTED PROPOSAL, INCLUDING:
i. CONTRACTOR' S SUBMITTED COST PROPOSAL SCHEDULES A, B, C, D and E
ii. CONTRACTOR' S SUBMITTED QUALIFICATIONS AND EXPERIENCE
STATEMENT
B: CONTRACTOR' S SUBMITTED WORKERS COMPENSATION CERTIFICATION Cerrification ofinsurance and worker' s compensarion certi,fication shall befurnished to the City by the Contractor after City Council' s approval with resolution.
Approved as to Form: City of Lathrop
City Attome
J/ Z( 2v
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
r'"'`
I(- Z- Z oZp
Michael King Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Z - tOZG
en J. Salvatore Date
City Manager
Contractor: West Coast Arborists, Inc.
220 E. Via Burton Street
Anaheim, CA 92806
Fed ID# - 250682
Lathrop s n s " cens
11/ 12/2020
Signatur Date
Patrick Mahoney, President
Print Name and Title