Attachment B
AGREEMENT FOR PROFESSIONAL SERVICES
URBAN FOREST MAINTENANCE
This Agreement is made on February 18, 2025, by and between, West Coast Arborist , a California Corporation (“Contractor”), and the City of Santa Maria, a California Municipal C orporation and charter City (“City”), in the Santa Maria, California, based on the following recitals:
1. The City is involved in the maintenance of trees (“Urban Forest”) in certain public right- of-way areas and public parks throughout the City of Santa Maria; and
2. The City requires a duly qualified tree contractor with experience in providing professional tree maintenance services throughout the City of Santa Maria; and
3. West Coast Arborist is a firm having the necessary experience and qualificati ons to provide technical and maintenance services; and
4. The City has designated funding each year for the provisions of tree maintenance services from several sources, including special districts and gas tax; and
6. West Coast Arborist has submitted their contract with the City of Carpinteria, entered into in March 2024, for the City of Santa Maria’s consideration as a “piggyback” contract.
7. This contract is similar in scope, cost , and duration, to the needs of the City of Santa Maria and conforms w ith the City of Santa Maria’s cooperative purchasing clause (“piggyback”) in the City’s Purchasing Guidelines
NOW, THEREFORE, IT IS AGREED:
1. Recitals True. The above recitals are true.
2. General.
2.01 Term and Termination . The term of this contract is two (2) years, beginning on July 1, 2024 . This contract may be terminated for breach of its terms and conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice, as s pecified in this Agreement.
2.02 Services to be Performed . Exhibit “ B” details the scope of work to be performed by West Coast Arborist and they shall determine the method, details and means of providing service and delivery of tree maintenance throughout the City.
2.03 City’s Duties. City’s duties under this Agreement are to cooperate with West Coast Arborist in the performance of the Agreement and timely pay ment of invoices.
Monitor and evaluate the work performed by West Coast Arborist on an as nee ded basis.
2 2.04 Payment and Liquidated Damages . City shall pay West Coast Arborist for the services provided under this Agreement in accordance with the prices quoted in Exhibit “A”. Payment terms under this Agreement are listed in Exhibit “ B”. Work to correct improper pruning problems shall be performed within 48 hours of being notified either in writing or verbally of the problem. If corrections are not made within the time period specified by the Urban Forest Staff , the Urban Forest Staff may, i) self- perform all or part of the work to resolve the issue and any restoration resulting from delays with City of Santa Maria Employees, and/or ii) outsource the repair, service, and restoration, etc. to another Licensed Contractor, and deduct the amount paid for labor and materials, plus penalties, and a 15% Administrative Expense from the monthly billing.
2.05 Insurance. West Coast Arborist shall provide insu rance as set forth in Exhibit “C”.
2.06 Exhibits. Exhibits “ B”, “ C” and “D” are attached hereto a nd incorporated herein.
3. Contractor’s Obligations.
3.01 Minimum Amount of Service. West Coast Arborist shall devote sufficient time to perform services under this Agreement efficiently and effectively. West Coast Arborist may represent, perform services for, and be employed by additional individuals or entities at West Coast Arborist sole discretion, as long as the performance of these extra -contractual services does not interfere or present a conflict with City’s business.
3.02 Schedules. West Coast Ar borist shall provide a work schedule specifically outlining the days of the week that a specific work order will be performed . For example: tree pruning, tree removal, root pruning, tree planting , etc. This schedule must be approved by the Urban Forest Staff. All work performed shall be completed on the days indicated on the approved work schedule and can be changed only with the approval of the Urban Forest Staff.
3.03 Tools and Equipment . Except as otherwise stated in this Agreement, West Coast Arbor ist will supply all tools and equipment necessary to perform this Agreement. All West Coast Arborist vehicles shall be easily identified by the public with a magnetic sign attached to each vehicle with the name of the company, phone number and a statement to the effect that the crew is under contract with the City of Santa Maria Recreations and Parks Department.
3.04 Status. West Coast Arborist (including its employees) is an independent contractor. No employer/employee relationship exists between West Coast Arborist and the City. West Coast Arborist assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to West Coast Arbori st under this agreement.
3.05 License. West Coast Arborist must have a State of California C-27 Landscape Contractor License.
3.06 Indemnification. To the fullest extent allowed by law, West Coast Arborist shall indemnify, defend (with independent co unsel approved by the City) and hold harmless the City , and its directors , officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and adm inistrative costs of alternative dispute resolution) regardless of nature or type that arises out of, pertain to, or relate to the negligence, reckless, or willful misconduct of West Coast Arborist or the acts or omissions of an employee, agent or subcont ractor of West Coast Arborist . The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.01. Notices . All communication relating to the day -to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows u nless a written change is filed with the City:
To City: Recreation and Parks To: Contractor: West Coast Arborist Attn. Director of Recreation & Parks Attn. Lorenzo Perez 615 S. McClelland 2200 E Via Burton
Santa Maria, CA 93454 Anaheim, CA 92806
If the designated Representative or address of either party changes during the term of this Agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this Agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.
4.03. Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of Authority. Each person signing th is Agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4 4.08. Severability. The provisions of this Agreement are severable. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to a ny other submittals required by this Agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the State prevailing wage rates with certified payroll Pursuant to CA Labor Code Section 1771 et seq., http:www.dir.ca.gov/PWD/index.htm The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Obtain the project D.I.R. number from the Recreation and Parks Business Program Leader.
IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.
CONTRACTOR
West Coast Arborist, a California corporation
By: ___________________________
Patrick Mahoney
President
By: ___________________________
Richard Mahoney
Vice-President/Secretary
CITY
CITY OF SANTA MARIA, a political subdivision of
the State of California
By:
Alex Posada
Director of Recreation and Parks
ATTEST:
By: _____________________________
Donna G. Schwartz
Chief Deputy City Clerk
EXHIBIT “A”
SCOPE OF WORK
Description
The Urban Forest preserves and sustains the quality of life for the City of Santa Maria . The Urban Forest helps improve air quality, reduces noise and wind, reduces stor m runoff, captures carbon and improves the quality of life for residents and animals. Proper maintenance supports the complicated interface between nature and the urban environment. Locations of work are shown in “Attachment A.”
Work Included
West Coast Arborist must have a working knowledge of tree pruning, tree take down and removals, stump grinding and root pruning, tree planting , and other related work. West Coast Arborist shall keep City representative informed of structural defects, diseases, dying and dead trees. Trees shall be kept in their natural form to the extent possible.
Severability of Tasks
The City reserves the right of severability; any clause or task within these specifications may be deleted at the discretion of the Recreation and Par ks Department. Adjustments to the contract costs will be made accordingly.
Quality Assurance
West Coast Arborist and/or employees must be properly licensed and registered to perform pest control work described below. Staffing Sheets are shown in “Attachment B.”
Site Conditions
Existing Condit ions. West Coast Arborist shall inspect the entire site and be familiar with the requirements and growth habits of all existing trees at each site. Contractor will be responsible to post no parking signs at least 48 hours before work is to be performed as needed.
INITIAL
Environmental Conditions West Coast Arborist shall immediately advise the Recreation and Parks Department of disease or pest problems and any other conditions, which may be detrimental to the condition of the trees. _____________ INITIAL
Scheduling
Maintenance services shall be provided on a schedule of Monday through Saturday, between the hours of 7:00 a.m. and 4:00 p.m. West Coast Arborist shall provide to the Urban Forest Staff for approval, a work schedule specifically outlining on which days of the week specific tasks of the Agreement will be performed, for example: tree pruning, tree removals, root pruning, tree planting , etc. All work performed within the Agreement area shall be complete d on the days indicated and can only be ch anged with the acknowledgement and approval of the Recreation and Parks Department representative.
West Coast Arborist shall submit a monthly report that indicates all the work that was performed within the contra cted area, tree pruning, tree removals, root pruning, tree planting, etc. (as referenced in this Attachment A), to the Urban Forest Staff
6 Warranty
West Coast Arborist shall furnish all supervision, labor, materials, and equipment necessary for the complete maintenance of all tree work orders.
All trees shall be maintained in accordance with best management practices using approved ISA arborist standards. ISA code of ethics will apply and be followed.
West Coast Arborist shall restore or replace any trees, shrubs, ground covers, lawn, perennials, annuals, or irrigation components damaged by West Coast Arborist action or lack of action.
West Coast Arborist is obligated to notify the Urban Forest Staff of any dead or dying trees.
West Coast Arborist shall not be responsible for the following, unless specifically agreed upon:
Replacement of trees damaged or destroyed by storms, or other causes beyond West Coast Arborist’s control.
Equipment
West Coast Arborist shall provide and maintain all equipment necessary to properly complete the tree maintenance work , including 45 ft aerial boom truck, chip truck, chipper and stump grinder .
Equipment shall be safe, proper, efficient, and suited to and for, the job.
PRODUCTS
Pesticides
Pesticide applications will be on a request basis only , integrated pest management (IPM) should be used with the intent of minimizing the use of pesticides . All pesticides MUST be registered in the State of California and conform to all requirements of the California Food and Agriculture Code. West Coast Arborist must be properly licensed and registered to perform pest control work. Personal protection equipment shall be used at all times when applying pesticides.
EXECUTION
Tree Planting
West Coast Arborist shall be responsib le for follow Under Ground Service (USA) n otification procedures and planting following the Recreation and Parks Tree and Landscape Standards.
Tree Pruning
West Coast Arborist shall comply with all City of Santa Maria Municipal Code, American National Standard Institute, ANSI A300 and International Society of Arboriculture Best Management Practices for all pruning. Deviating from these standards will result in nonpayment to West Coast Arborist for the trees in question.
Tree Removal/Stump Grinding
West Coast Arborist shall remove trees when dire cted on approved work orders. All tree removals include stump grinding unless otherwise directed by Urban Forest Staff , stump holes are to be filled as needed to eliminate hazards. West Coast Arborist shall be res ponsible for follow Under Ground Service (USA) notification procedures prior to stump grinding.
Debris Removal
All refuse/debris from the maintenance operation must be picked up and removed from the work site and disposed of properly as directed by Urban Forest Staff.
Safety
Comply with all Ca l-OSHA and ANSI standards for safe working practices. Comply with all CALTRANS and City traffic control standards.
Road Work
West Coast Arborist shall follow all Caltrans specification outlined in the Work Area Tr affic Control Handbook for all City and Highway roadway work site delineation. West Coast Arborist will obtain annual encroachment permit from Caltrans for Highway 166 and 135, and from the Cities Public Works Department for all other roadways.
Additional
West Coast Arborist shall provide to the Urban Forest Staff the name and phone number of the individual responsible for this Agreement between the hours of 7:00 a.m. and 4:00 p.m.
At no time shall West Coast Arborist engage in any work that is considered beyond the scope of the original Agreement without written approval by Urban Forest Staff. All additional work shall include the cost of materials, hourly rate, time required to perform the repair and total.
West Coast Arborist shall provide a 24-hour emergency phone number and name of two (2) contact individuals. These individuals shall be able to be reached in the event of an emergency between 4:00 p.m. and 7:00 a.m. Should the phone number or contact persons change during the course of the Agreement, those changes must be provided to the Urban Forest Staff.
EMERGENCY CONTACTS:
Name:
Phone Number:
Name:
Phone Number:
8 EXHIBIT “B”
CONTRACTORS DOCUMENTS
1. Attached in compliance with the Cities Cooperative Service guidelines the City of Carpinteria’s RFP for Tree Trimming & Tree Maintenance Services
EXHIBIT “C”
PAYMENT TERMS
West Coast Arborist fees and compensation: amount, how, and when payable. West Coast Arborist agrees that for all work and services, including supplies and equipment , pertaining to the Tree Maintenance Services and required to be furnished by West Coast Arborist to the City, that City agrees to pay to West Coast Arborist, and West Coast Arborist agrees to accept and receive as payment in full the fees as set forth below for each work order as follows:
Twice Monthly Progress Billing. West Coast Arborist shall furnish City with an itemized monthly progress billing for all services rendered. Such progress payments shall be due and payable by the City to West Coast Arborist within thirty (30) days after presentation of the approved invoices.
Separate billing sheets shall be submitted for each billing fund; gas tax, Districts & parks . Do not combine any fund types on the same bill.
West Coast Arborist agrees to pay pena lties automatically deducted from monthly billing as detailed in Section 2.04.
West Coast Arborist has the right to dispute penalties imposed by the Urban Forest Supervisor or his/her representative, by written response to the notification of said penalti es within five (5) working days from the date of notification.
EXHIBIT “D”
INSURANCE REQUIREMENTS
West Coast Arborist shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by West Coast Arborist, his/her agents, representatives, or employees. If West Coast Arborist maintains broader coverage and/or higher limits than the minimums shown above, th e City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001), including products and completed operations, property damage, bodily injury and personal &advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
West Coast Arborist shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) 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.
3. Worker’s Compensation: Statutory limits.
4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability-$1,000,000 per occurrence or claim, $2,000,000 aggregate
10 Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require West Coast Arborist to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by o r on behalf of West Coast Arborist including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to West Coast Arborist insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, West Coast Arborist insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to th is Agreement shall be given to the City re presentative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return - receipt requested.
4. West Coast Arborist hereby grants to City a waiver of any right to subrogation which any insurer of said West Coast Arborist may acquire against the City by virtue of the payment of any loss under such insurance. West Coast Arborist agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, West Coast Arborist must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
West Coast Arborist shall furnish the City with origi nal certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the wo rk beginning shall not waive West Coast Arborist obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the cove rage required by these specifications at any time.
Special Risks or Circumstances
The city reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12 ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
14 ATTACHMENT A
ATTACHMENT A
CITYWIDE STAFFING SHEET
16 Contractor’s Name: West Coast Arborist
Name, years of experience and Certifications of crew Foreman_____________________
Number of full-time employees …………………………………………………
Number of part-time employees ………………………………………………..
Number of temporary/seasonal employees…………………………………...
Average years of employees are employed by bidder ………………………
Average hours per week that part-time employees ………………………….
Describe full-time and part-time employees and their qualifications, including certifications and licenses and how crew will be staffed.
Describe account/clerical employees, their qualifications and skills and how your firm will utilize these skills to perform the scope of services as outlined in this Contract.
ATTACHMENT B