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CITY OF FONT ANA
CONTRACT AGREEMENT
TREE MAINTENANCE SERVICES
TRACKING NUMBER: PW-24-191-SP
1. PARTIES AND DATE.
This Agreement is made and entered on October 12, 2024 by and between the City of Fontana, a municipal corporation of the State of California, located at 8353 Sierra Avenue, Fontana, California 92335 (hereinafter referred to as the "City") and West Coast Arborists, Inc., a Corporation with its principal place of business at 220 E. Via Burton, Anaheim, CA 92806 (hereinafter referred to as the "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 Tree Maintenance Services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Tree Maintenance Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such maintenance services for the Tree 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 Seryjces. 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 landscape maintenance services necessary for the "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
Agreement
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3.1.2 Term. The term of this Agreement shall be from January 1, 2025 to June 30, 2027, 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 term of the agreement can be extended for three (3) 1-year extensions at the City's sole discretion.
3.1.3 Incorporation of Bid Documents, This Agreement includes and hereby incorporates by reference herein the bid documents submitted to prospective bidders of the service including all exhibits, drawings, specifications and documents therein including attachments and addenda thereto. The documents include:
a. Proposal RFP
b. Bid Specifications
c. Addendums
d. Maps
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. Contractor shall obtain a City of Fontana Business License and provide evidence of the same to the City's Representative.
3.2.2 Schedule of Seryjces, Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requjrements. All work prepared by Contractor shall be subject to the approval of City.
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3.2.4 Cjty's Representative. The City hereby designates Public Works Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representatjye. Contractor hereby designates Nick Alago, 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 Coordjpatjon of Seryjces, Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
3.2.7 Stapdard of Care; Performance of Employees, Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2. 7.1 Period of Performapce. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").
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3.2.8 Laws and Regulatjons. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. 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 Insurance.
3.2.9.1 Tjme for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.9.2 Mjnjmum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minjmum Scope of Insurance, Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
(B) Minjmum � .o.f Insurance, Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.
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3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Lj abjljty. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) Aytomobjle Ljabjljty. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation acw. Employer's Uabmty
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coyeraqes. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
3.2.9.4 S eparation Qf lnsureds: N o Specjal Ljmjtatjons, All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 16498.00150\32126938.1
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3.2.9.5 Deductibles .and Self-Insurance Retentions, Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.9.6 Acceotabiljty of Insurers, Insurance is to be placed with insurers with a current AM. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.9. 7 Yerjficatjon of Coverage, Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.9.8 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 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (8) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation, Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
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3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Rejmbyrsement 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 Preyamng Wages, Contractor is aware of the requirements of California Labor Code Section 1720, et seg" and 1770, et sea" as well as California Code of Reguiations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Eight-Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day. Contractor shall forfeit to City as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub- Contractor under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code. !6498.00150\32126938. I
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3.4 Accounting Records.
3.4.1 Maintenance and lnspectjon, 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.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Agreement except for cause.
3.5.1.2 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.
3.5.1.3 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.
3.5.2 Deljvery of Notjces, All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
CONTRACTOR:
West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, CA 92806
Attn: Nick Alago
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CITY:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Dan West
Contract Agreement
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3.5.3 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered.
3. 5. 3.1 If California Labor Code Section 1777 .5 applies to the Services, Contractor and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Contractor or any sub-Contractor for the employment and training of apprentices. Upon issuance of this certificate, Contractor and any sub-Contractor shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder.
3.5.3.2 The Parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Contractor.
3.5.4 Cooperatjon; 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.
3.5.5 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.
3.5.6 lndemnjfication. Contractor shall defend, indemnify and hold the City, its 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind 16498.00150\32I26938.l
Contract Agreement
9 Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5. 7 Entjre 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.
3.5.8 Goyernjng Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
3.5.9 Tjme of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.1 o City's Right to Employ Other Contractors, City reserves right to employ other contractors in connection with this Project.
3.5.11 Successors and Assjgns, This Agreement shall be binding on the successors and assigns of the Parties.
3.5.12 Assjqnment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Constryctjon: References: Captjons, 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.
3.5.14 Amendment: Modjficatjon. This Agreement may be amended pursuant to a writing signed by both Parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 16498.00150\32126938.1
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3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 lnvalidjty: Severabjljty. 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.
3.5.18 Prohjbited 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. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment, Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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.
3.5.20 Labor Certjficatjon. 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.
3.5.21 Aythorjty 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.5.23 Suspensjon of Seryjces, Notwithstanding any other provision of this Agreement to the contrary, the Services performed by the Contractor may be suspended by the City, in whole or in part, from time to time, when determined by the City in writing, in its sole discretion, that suspension is necessary and in the interest of the City. The Contractor shall comply immediately with any written order by the City suspending the Services. The Services shall be suspended until receipt by the Contractor of a written commencement order from the City. Further, and notwithstanding any other provision of this Agreement to the contrary, any such suspension shall not relieve the Contractor of any of its obligations under this Agreement. Further, and notwithstanding any other provision of this Agreement to the contrary, any such suspension shall be without any liability to the Contractor on the part of the City, and the Contractor shall not be entitled to any additional compensation as a result of such suspension.
3.6 Subcontracting.
3.6.1 Prjor Approval Reqyjred, 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.
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[SIGNATURES ON FOLLOWING PAGE]
Contract Agreement
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CITY OF FONTANA
By: � l, {)�t,u,,
Attest:
Matthew C. Ballantyne
City Manager
CITY OF FONTANA
SIGNATURE PAGE
CONTRACT NO: PW-24-191-SP
WEST COAST ARBORIST, INC.
By:
Patrick Mahoney
President
By: bU'\l\tUt,u,, � ¼
Germaine McClellan Key
City Clerk
By: P&.iW,, �
Phillip Burum
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
By:
Gia Kim
Public Works Director/City Engineer
IN COMPLIANCE WITH CONTRACT IN SURANCE REQUIREMENTS
$flt By: �t,sf.u,_ L v�ss
Rakesha Voss
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES Jessica Brown
Chief Financial Officer
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Sid Lambert
Purchasing Manager
Contract Agreement
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SCOPE OF SERVICES
Tree Mainte nance Services Scope of Services as per terms, conditions, and specifications of PW-24-191-SP.
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Contract Agreement
14 Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 EXHIBIT "B"
PROPOSER'S PROPOSAL
West Coast Arborist's Tree Maintenance Services, PW-24-191-SP, proposal on file at the City of Fontana, Purchasing Office.
16498.00150\32126938. I
Contract Agreement
15 Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 EXHIBIT "C"
COMPENSATION AND SCHEDULE OF PRICE
Compen sation and schedule of prices attached behind this page. 16498.00150\32126938. l
Contract Agreement
51 Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1 (SUBMIT ONLINE WITH PROPOSAL)
PROPOSAL SUMMARY SHEET
Tree Maintenance Services, PW-24-191-SP
NAME OF PROPOSER: West Coast Arborists, Inc.
DESCRIPTION UNIT
1. 2.
3. 4.
ROUTINE ANNUAL TREE TRIMMING
ON GRID BASIS per tree
AESTHETIC OR SERVICE REQUEST
PRUNING:
a. 0-6" dbh per tree
b. 7"-12" dbh per tree
c. 13" - 18" dbh per tree
d. 19" - 24" dbh per tree
e. 25" - 36" dbh per tree
f. 37" dbh & over per tree
PALM TREE TRIMMING:
a. King or Queen Palm, any size per tree
b. Washingtonia Palm, any size per tree
c. Canary Island Date Palm, any size per tree
TREE REMOVAL:
a. Tree and Stump Removal, 0 - 24" dbh per diameter inch b. Tree and Stump Removal, over 25" dbh per diameter inch c. Tree Removal only, 0 - 24" dbh per diameter inch
d. Tree Removal only, over 25" dbh per diameter inch
e. Stump Removal only per diameter inch
f. Root Pruning per linear foot
g. Root Barrier Installation per linear foot
Proposal Summary Sheet
51 PRICE
$ 80.00
$ 80.00
$ 80.00
$ 115.00
$ 175.00
$ 225.00
$ 275.00
$ 60.00
$ 80.00
$ 115.00
$ 43.00
$ 53.00
$ 33.00
$ 43.00
$ 19.00
$ 33.00
$ 33.00
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1
DESCRIPTION UNIT
5. TREE PLANTING
(includes labor, tree and 90 day watering):
a. 15 Gallon Tree per tree
b. 15 Gallon Tree w/ Root Barrier per tree
c. 24" Box Tree per tree
d. 24" Box Tree w/ Root Barrier per tree
e. 36''. Box Tree per tree
f. 36" Box Tree w/ Root Barrier per tree
6. TREE WATERING perday
7. ON CALL and EMERGENCY CREW RENTAL
3 MAN CREW WITH EQUIPMENT:
(including truck, chipper and aerial lift)
a. During Regular Work Hours per hour
b. After Hours Work per hour
8. SMALL TREE CARE perday
9. SPECIAL TY EQUIPMENT w/ Operator:
a. Crane (15 ton minimum) per hour
b. Loader per hour
c. Roll Off Container per hour
d. 95' Aerial Tower per hour
10. PEST CONTROL APPLICATION per tree
11. ARBORIST SERVICES (i.e. tree evaluations
Including written reports and photographs) per hour
12. GPS TREE INVENTORY per tree site
13. TREE INVENTORY SOFTWARE annually
Proposal Summary Sheet
52 PRICE
$ 195.00
$ 220.00
$ 395.00
$ 420.00
$ 1,150.00
$ 1,250.00
$ 800.00
$ 300.00
$ 375.00
$ 800.00
$ 170.00
$ 1,0.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 4.00
$ 0.00
COOPERATIVE PURCHASE
It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F784BD93E3F1 FROM:
File#: 21-3057
Agenda#: L.
Public Works
SUBJECT:
City of Fontana
Action Report
City Council Meeting
Award Bid for City-Wide Tree Maintenance Services (PW-24-191-SP) RECOMMENDATION:
8353 Sierra Avenue
Fontana, CA 92335
Agenda Date: 6/25/2024
Category: Consent Calendar
1. Award bid and authorize the City Manager to execute a contract with West Coast Arborists, Inc. of Anaheim, CA for City-Wide Tree Maintenance Services. The contract term shall be for two and a half (2.5) years with three (3) additional one-year extensions at the City's sole discretion.
2. Approve and authorize the City Manager to execute any future contract amendments to this contract with West Coast Arborists, Inc. for City-Wide Tree Maintenance Services.
COUNCIL GOALS:
• Invest in the City's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
• Invest in the City's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.
DISCUSSION:
The Public Works Department currently maintains over 61,000 trees located in the City's parks, landscape, and right-of-way areas. The scope of work includes annual grid trimming, service request trimming, emergency response services, pest control, tree plantings, tree removals, and GIS based tree inventory services.
Our current annual tree maintenance contract period runs from January 1 to December 31, which does not align with the City's fiscal budget period and causes various budget adjustment issues. In addition, the current contract is approaching the end of its original 10-year term, and staff are expecting another price adjustment request from the contractor prior to the contract's expiration. As a result, staff decided to solicit this RFP for a new contract with a term that better aligns with the City's budget calendar. The proposed initial 2.5-year contract term will also prohibit any price increases until June 30th, 2027.
The formal bidding process has been completed in conformance with the City's purchasing policies.
Public Works Department staff evaluated the four (4) proposals received with assistance from the City's Purchasing Department. Grid Trimming is the main category of service performed as part of this contract. The proposed unit prices for grid trimming in the 4 proposals received ranged between $78.00 to $85.00, compared to the current unit price of $62.60 per tree.
City of Fontana Page 1 of2 Printed on 6/20/2024
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Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F784BD93E3F1 File#: 21-3057
Agenda#: L.
Agenda Date: 6/25/2024
Category: Consent Calendar
Staff recommends that West Coast Arborists of Anaheim, CA be awarded the contract for these services as they were determined to be the most qualified, responsible, and responsive bidder. This proposed contract will be for an initial two and a half (2.5) year period, with three (3) additional one year extensions at the City's sole discretion, effective January 1, 2025.
FISCAL IMPACT:
The total fiscal impact associated with the approval of this item is $1,702,647 in fiscal year 2024/2025, $908,432 from the General Fund, and $794,215 from the various LMD's and CFD's where these activities will be performed.
Current FY 2024/2025 budgeted funding in the General Fund for these activities is $832,840. The Public Works Department will request an additional $75,600 from General Fund balance as part of the FY 24/25 mid-year budget adjustment to fully fund the first year of the contract.
The appropriate amounts of funding are included in the City's current FY 2024/2025 budget for the LMD and CFO funded areas where these activities will be performed.
MOTION:
Approve Staff Recommendation
City of Fontana Page 2 of 2 Printed on 6/2012024
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Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F7848D93E3F1 Tree Maintenance Services
SP-01-PW-16
RFP Evaluations
Firms Total Score
West Coast Arborists, Inc.
Mariposa
United Pacific Services, Inc.
Ramirez Tree Service
93%
78%
72%
40%
107
Docusign Envelope ID: F81DE188-FFC1-48CD-87FO-F784BD93E3F1 (SUBMIT ONLINE WITH PROPOSAL)
PROPOSAL SUMMARY SHEET
Tree Maintenance Services, PW-24-191-SP
NAME OF PROPOSER: West Coast Arborists, Inc.
DESCRIPTION UNIT
1. 2.
3. 4.
ROUTINE ANNUAL TREE TRIMMING
ON GRID BASIS per tree
AESTHETIC OR SERVICE REQUEST
PRUNING:
a. 0-6" dbh per tree
b. 7"-12" dbh per tree
c. 13" -18" dbh per tree
d. 19" -24" dbh per tree
e. 25"-36" dbh per tree
f. 37" dbh & over per tree
PALM TREE TRIMMING:
a. King or Queen Palm, any size per tree
b. Washingtonia Palm, any size per tree
c. Canary Island Date Palm, any size per tree
TREE REMOVAL:
a. Tree and Stump Removal, 0 -24" dbh per diameter inch b. Tree and Stump Removal, over 25" dbh per diameter inch c. Tree Removal only, 0 -24" dbh per diameter inch
d. Tree Removal only, over 25" dbh per diameter inch
e. Stump Removal only per diameter inch
f. Root Pruning per linear foot
g. Root Barrier Installation per linear foot
Proposal Summary Sheet
51 PRICE
$ 80.00
$ 80.00
$ 80.00
$ 115.00
$ 175.00
$ 225.00
$ 275.00
$ 60.00
$ 80.00
$ 115.00
$ 43.00
$ 53.00
$ 33.00
$ 43.00
$ 19.00
$ 33.00
$ 33.00
108
Docusign Envelope ID: F81DE188-FFC1-48CD-87F0-F784BD93E3F1
DESCRIPTION UNIT
5. TREE PLANTING
(includes labor, tree and 90 day watering):
a. 15 Gallon Tree per tree
b. 15 Gallon Tree w/ Root Barrier per tree
c. 24" Box Tree per tree
d. 24" Box Tree w/ Root Barrier per tree
e. 36" Box Tree per tree
f. 36" Box Tree w/ Root Barrier per tree
6. TREE WATERING per day
7. ON CALL and EMERGENCY CREW RENTAL
3 MAN CREW WITH EQUIPMENT:
(including truck, chipper and aerial lift)
a. During Regular Work Hours per hour
b. After Hours Work per hour
8. SMALL TREE CARE per day
9. SPECIAL TY EQUIPMENT w/ Operator:
a. Crane (15 ton minimum) per hour
b. Loader per hour
c. Roll Off Container per hour
d. 95' Aerial Tower per hour
10. PEST CONTROL APPLICATION per tree
11. ARBORIST SERVICES (i.e. tree evaluations
Including written reports and photographs) per hour
12. GPS TREE INVENTORY per tree site
13. TREE INVENTORY SOFTWARE annually
Proposal Summary Sheet
52 PRICE
$ 195.00
$ 220.00
$ 395.00
$ 420.00
$ 1,150.00
$ 1,250.00
$ 800.00
$ 300.00
$ 375.00
$ 800.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 170.00
$ 4.00
$ 0.00
109
COOPERATIVE PURCHASE
It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.
Certificate Of Completion
Envelope Id: F81DE188-FFC1-48CD-87F0-F784BD93E3F1
Subject: WCA- Tree Maintenance Services PW-24-191-SP
Source Envelope:
Document Pages: 23
Certificate Pages: 7
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 9
Initials: 2
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
12/12/20241 07:03 PM
Signer Events
Patrick Mahoney
[email protected]
President
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/12/2024107:15 PM
ID: 42fa74f6-b77d-4557-b1d1-19775b59d725
Dan West
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/15/2024 I 08:47 AM
ID: 841afbeb-0910-4512-9f9d-31c7811fa65b
Gia Kim
[email protected]
Public Works Director/City Engineer
City of Fontana
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/16/2024 I 07:19 AM
ID: d44c0e56-7fda-44aa-8018-8bb1ff75545f
Phillip Burum
[email protected]
Deputy City Manager
City of Fontana
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/16/2024 I 11:19AM
ID: c50ca1e9-2c13-47e8-8c51-71bf9bbd9abe
Holder: Purchasing Office
[email protected]
Signature
Signature Adoption: Drawn on Device
Using IP Address: 17 4.195.198.57
Signed using mobile
Q(}J
Signature Adoption: Pre-selected Style
Using IP Address: 47.152.78.253
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Status: Completed
Envelope Originator:
Purchasing Office
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Location: DocuSign
Timestamp
Odocusign
Sent: 12/12/2024107:14 PM
Viewed: 12/12/20241 07:15 PM
Signed: 12/12/2024107:15 PM
Sent: 12/12/2024107:15 PM
Viewed: 12/15/20241 08:47 AM
Signed: 12/15/2024108:48 AM
Sent: 12/15/2024 I 08:49 AM
Viewed: 12/16/2024107:19AM
Signed: 12/16/20241 07:19 AM
Sent 12/16/20241 07:19 AM
Viewed: 12/16/2024 I 11:19AM
Signed: 12/16/2024111 :19 AM
Signer Events
Susan Mendoza
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rakesha L Voss
[email protected]
Director, Human Resources & Risk Mgmt.
City of Fontana
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/16/2024112:34 PM
ID: 362b3602-0f4c-43db- g884-fa88b0af9f84
Ruben Duran
[email protected]
City Attorney
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/19/2024 I 07:03 AM
ID: 4e9e270f-21 ad-413f-b976-694d4b0ca923
Sid Lambert
[email protected]
Purchasing Office
Paragon Partners Consultants, Inc.
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jessica Brown
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/6/20251 08:30 AM
ID: 16f27b4d-a581-4427-9101-afbcc61 e8f37
Matthew C. Ballantyne
[email protected]
City Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/6/2025 I 08:40 AM
ID: 7 4beb03c-18e4-4d32-b9d5-cd841 21 f9bc8
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Signature Adoption: Pre-selected Style
Using IP Address: 108.185.61.125
Signed using mobile
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Signature Adoption: Pre-selected Style
Using IP Address: 146.75.146.147
Signed using mobile
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Timestamp
Sent: 12/16/2024107:19AM
Viewed: 12/16/2024 I 08:42 AM
Signed: 12/16/2024 I 08:43 AM
Sent: 12/16/2024 I 11:19AM
Viewed: 12/16/2024112:34 PM
Signed: 12/16/2024112:34 PM
Sent: 12/16/2024111 :19 AM
Resent: 12/17/2024110:30 AM
Viewed: 12/19/2024 I 07:03 AM
Signed: 12/19/2024 I 07:04 AM
Sent: 12/19/2024 I 07:04 AM
Viewed: 12/19/20241 08:18 AM
Signed: 12/19/20241 08:19 AM
Sent: 12/19/2024 I 08:19 AM
Viewed: 1/6/2025 I 08:30 AM
Signed: 1/6/2025 I 08:31 AM
Sent: 1/6/20251 08:31 AM
Viewed: 1/6/20251 08:40 AM
Signed: 1/6/20251 08:41 AM
Signer Events
Germaine McClellan Key
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/6/2025 I 09:03 AM
ID: 8797f094-0971-4b 7a-a 7 43-f2a6e 12ef154
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Kathy Kasinger
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/16/2024 I 02:43 PM
ID: 6bd04073-f943-4e 10-b 7b6-a 78c72c3bde2
Laurie Miller
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2024 111 :01 AM
ID: aa92e6a1-1c3a-494c-b165-85f263049fe5
Ticha Loera
[email protected]
Pumpman LLC
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/16/2024 I 01:48 PM
ID: 9682aeee-6fa9-478a-9067-e979eec14934
Brian Clements
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/18/2024 I 04:34 PM
ID: 4752a3d8-2afc-4d06-819c-95e25ec046c5
Witness Events
Notary Events
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 107.201.246.59
Signed using mobile
Signature
Status
Status
Status
Status
Status
COPIED
COPIED
COPIED
COPIED
Signature
Signature
Timestamp
Sent: 1/6/20251 08:41 AM
Viewed: 1/6/2025 I 09:03 AM
Signed: 1/6/2025 I 09:03 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 1/6/20251 09:03 AM
Sent: 1/6/20251 09:03 AM
Sent: 1/6/20251 09:03 AM
Sent: 1/6/2025 I 09:04 AM
Viewed: 1/6/2025 I 09:05 AM
Timestamp
Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
Timestamps
12/12/20241 07:14 PM
1/6/20251 09:03 AM
1/6/20251 09:03 AM
1/6/20251 09:04 AM
Timestamps
Electronic Record and Signature Disclosure created on: 2/2/2017 I 06:54 AM Parties agreed to: Patrick Mahoney, Dan West, Gia Kim, Phillip Burum, Rakesha L Voss, Ruben Duran, Jessica Brown, Matthew C. Ballantyne, Germaine McClellan f
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