-• -·;:. ·.
The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation.
The rates included in the Cost Proposal are based on prevailing wage determination "Landscape Maintenance Laborer".
Great Scott Tree Service, Inc.
LEGAL NAME OF COMPANY
10761 Court Avenue, Stanton, CA 90680
BUSINESS ADDRESS
Scott Griffiths
PRINTED NAME OF AU�ORIZED AGENT
�� � /2...---- 2-23-2018
ATURE OF AUTHORIZED AGENT DATE
33-0328537
FEDERAL ID NUMBER
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City of Stanton City Tree Maintenance RFP
•
Tel: 714-826-1750, Fax: 714-826-1753
PHONE AND FAX NUMBERS
President
TITLE
bbeller@ stsinc.com
E-MAIL ADDRESS
556832
CONTRACTOR LICENSE NUMBER
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THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON RESPONSIVE.
EXHIBIT D
CITY OF STANTON
REQUEST FOR PROPOSAL FOR CITY TREE MAINTENANCE SERVICES
RELEVANT WORK HISTORY
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications.
Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
Reference
Customer Name: City of Cypress
Address: 5275 Orange A venue
Cypress, CA 90630
Contract Amount: ..:,;;$.:::::2::::.2_3,=5..aa.0.;;.0=.0=0 _____ _ Description of supplies, equipment, or services provided:
Contact Individual: _G_,.;;;..re""'
g
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d=s'--____ _
Phone Number: 714-229-6760
Facsimile Number: 714-229-6606
Year: 2013 - Present
Provide annual service.I for maintenance, trimming, removal, repla�ement and GPS inventory updates I management of over 14,000 sites within the City's Community Forest
Reference
Customer Name: City of Irvine
Address: 1 Civic Center Plaza
Irvine, CA 92606
Contract Amount: =2=,0;..;;5=5-"',2::...:4=5'""'.0::...:0:;__ ____ _ Description of supplies, equipment, or services provided:
Contact Individual: _C=a_s_e..,_y_G_n_a'""'d"""'t _____ _ Phone Number: 949-724-7621
Facsimile Number: 949-724-7607
Year: 2013 - Present
Annual services for maintenance, removal and replacement of trees as needed, as well as maintain GPS inventory of the -57,500 trees within the Cit 's urban forest.
Reference
Customer Name: City of Lake Forest
Address: 25550 Commercenter Drive
Lake Forest. CA 92630
Contract Amount: .,.2,..5""'9...,.9...,9..,5 ... ,0=0....._ _____ _ Description of supplies, equipment, or services provided:
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City of Stanton City Tree Maintenance RFP
Contact Individual: -'O"""""sc.,.,a""'r--'G"""'"ar ... c""ia...__ ____ _ Phone Number: 949-461-3576
Facsimile Number: 949-283-173 7
Year: 2015 - Present
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Reference
Customer Name: City of Long Beach
Address: 2760 Studebaker Road
Long Beach, CA 90815
Contract Amount: --"$=8=85='""0=0=0·:..::0"""0 ____ _
Description of supplies, equipment, or services provided:
Contact Individual: __.T.;;.efl=fc..=:K=i=n:gg�-----
Phone Number: 562-570-1592
Facsimile Number: 562-570-8535
Year: 2015 - Present
Annual services for maintenance, removal, and replacement of trees within Parks (163 Sites), Beach Areas (7 Sites), Marinas (9 Sites), and MTA Right-of-Way (Various Sites). Maintain and update the Cities GPS inventory of-36,000 trees within the City Parks.
Reference
Customer Name: City of Newport Beach
Address: l 592 Superior Avenue
Newport Beach. CA 92663
Contract Amount: 1,300,000.00
Description of supplies, equipment, or services provided:
Contact Individual: __,D=-e::a=n,_.S=e=r..,,e""'n...,o"--____ _ Phone Number: 949-644-3309
Facsimile Number: ___________ _
Year: 2013 - Present
Annual services for maintenance, removal and replacement of trees as needed, as well as maintain GPS inventory of the estimated 35,000 trees within the City's urban forest.
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THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM Will BE CONSIDERED NONRESPONSIVE.
EXHIBIT E
CITY OF ST ANTON
REQUEST FOR PROPOSAL FOR CITY TREE MAINTENANCE SERVICES
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of STANTON, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm: Great Scott Tree Service1 Inc.
Signed:� �
Printed Name: Scott Griffiths
Title: President
Date: 2-23-2018
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City of Stanton City Tree Maintenance RFP
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Page26
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM Will BE CONSIDERED NON RESPONSIVE.
EXHIBIT F
CITY OF STANTON
REQUEST FOR PROPOSAl FOR CITY TREE MAINTENANCE SERVICES CERTIFICATION Of NONDISCRIMINATION BY CONTRACTOR
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:
1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized 1n Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Clty of Stanton City Tree Maintenance RFP
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Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1039, and as amended,
no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter.
Firm: Great Scott Tree Service Inc.
Signed:
Printed
�
Name: Scott Griffiths
�
Title: President
Date: 2-23-2018
ii . !lU:iMii.N!IR. H L *'? •
City of Stanton City Tree Maintenance RFP
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THUS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM Will BE CONSIDERED NON RESPONSIVE.
EXHIBITG
CITY OF STANTON
REQIJJEST FOR PROPOSAL FOR CITY TREE MAINTENANCE SERVICES RESPONSIBlE PROPOSER - SUPPLEMENTAL QUESTIONNAIRE
1. How many years has your organization been in business in California as a contractor under your present business name and license number?
2. 3.
41 Years
If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire.
What is your firm's average gross revenue for the last three years? $ 12MM
Is your fir�urrently the debtor in a bankruptcy case?
D Yesll! No
If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.
Case Number Bankruptcy Court Date Filed
4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bank�tcy action that was not described in answer to Question 2, above.) D Yes M No
If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.
Case Number Bankruptcy Court Date Filed
5. Has any California State License Board license held by your firm or its responsible managing employee or respon�,i) managing officer been suspended within the last five years? D Yes � No
6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a »ject, under a services contract with either a public or private owner? D Yes � No
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City of Stanton City Tree Maintenance RFP Page 29
7. Has your firm ever defaulted on a contract?
0 Yes ffl No
If "yes,» explain on a separate page.
8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevente<!_!g:)m bidding on, or completing, any government agency project for any reason? 0 Yes M No
If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action.
9. In the past five years, has any claim against your firm concerning your firm's work on a project, b�e;i filed in court or arbitration?
0 Yes M No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entlty the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.)
10. In the past five years, has your firm made any claim against a project owner concerning work on �reject or payment for a contract, and filed that claim in court or arbitration? D Yes M No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.)
11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm'!_j)ehatf in connection with a project, either public or private? D Yes � No
12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew thE:JjSurance policy for your firm?
D Yes M No
13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity?
D Yes MNo
14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? City of Stanton City Tree Maintenance RFP
rnnu__ _
D Yes ii(No
If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted.
15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. ---------------------
16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place dur�a project when one was required?
D Yes M No
17. Has Cal-OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" o�peat" violations of its safety or health regulations in the past five years? D Yes M No
(Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.)
If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision.
18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties §ainst the contractor or its associates in the past five years? D Yes� No
(Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision.
19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to compx,. with the federal Davis-Bacon prevailing wage requirements? D Yes oo No
If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed.
City of Stanton City Tree Maintenance RFP Page 31
THIS FORM MUST BE COMPLETED AND INClUDED WITH THE PROPOSAL.
PROPOSALS THAT IDO NOT CONTAIN THIS FORM Will BE CONSIDERED NON RESPONSIVE.
EXHIBIT H
CITY OF STANTON
REQUEST FOR PROPOSAL FOR CITY TREE MAINTENANCE SERVICES NONCOLlUSION AFFIDAVIT
NON..COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF STANTON
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed&� �
State of California, County of--'O __ r .... a=n.,g __ e ___________________ _ Subscribed and sworn to (or affirmed) before me on this 23rd day of February
20..J..L, by Scott Griffiths , proved to me on the basis of satisfactory evidence to be the person{s) who appeared before me.
Notary Public Signature
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City of Stanton City Tree Maintenance RFP
Notary Public Seal
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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STATE OF CALIFORNIA
County of _O_r_a_n_ge ________________ }
On February 23, 2018 before me, Brenton Beller. Notary Public Date Here Insert Name and Tille of the Olficer
personally appeared Scott P. Griffiths -----
• BRENTON SAMI BELLER
Notary Publlc • California
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Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(� whose name(� is/are subscribed to the
within instrument and acknowled�ed to me that he/shel-thoy executed the same In his/her+the1r authorized capacity(-tes), and that by his/hor/thoir signature(-6) on the instrument the personf&). or the entity upon behalf of which the personfs-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal. � Signature ��=
Signature of Notary Public
------------OPTIONAL------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: -'-No_n_-_C--'-'-ollu_�s�
ion__Aff_id_a__vit ________________________ _
Document Date: February 23, 2018 Number of Pages: _1 _______ _ Signer(s) Other Than Named Above: _____ ____________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:_Sc_ot _t_P_. __G_riffi_1th_s _________ _ □ Individual
� Corporate Officer- Title(s):President and Secretary
D Partner -D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: ______ _
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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Signer's Name:
_____________ _
□ Individual
D Corporate Officer -Title(s): ___ ___ _
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: --------
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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CERTIFICATE OF LIABILITY INSURANCE OA"l'I! IMIM)O/r{yY) oo.rnno1r
THIS CERTlflCATE IS ISSUEO A$ A MATTER OF INFORMATION ONLY ANO COMFERS NO RIGHTS UPON TI£ CEftTIF1CA11: HOU)ER. THIS CERTlFICATl: DOES NOT AFl'IRMATIVELY 01'1 NEOAnVELY AMEND, EXTEND OR ALTl=R TiiE COVERAGE AFFORDEO SY llU! POLlCIES BELOW. THIS CERilflCATE OF lNSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING lNSURER(S). AIJ'l'HORIZEO REPRESENTATIVE OR PRODUCER, AND TH!t Cl'!RTIFICATE HOLDER., IMPORTANT: If the Gerfflicate holder Is an ADOITIOOAL lNSllRED, tile po!k:y(les} must be endured. U SUBROGATION IS WAIVED, '8Ultject to the terms and condillo11s of the pofi,:y, «artain pollchs may require an endo1111lR1ent. A 11ta1emeat on this certificate dues 11ot eonrer r,ghts !o the �ertiflr.;lte lloklar in Ueu of s1IcJI e111iorsementts). l'l!ODUQ!R
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ACORD 26 (2014101) The ACORD n11me �nd logo are reglst&red inarks of ACORD ANCILLARY PRICING LIST - Great Scott Tree Service, Inc. has identified additional services found in City Tree Maintenance Contracts and has provided them below for the City of Stanton's consideration. Adoption of the services listed below shall be at the City of Stanton's complete discretion.
-
. .-.
-
- . __ •. ' · .. ' .. ·. DesctfptJon .. ..
·.· .. Unit . ·cost .: .
Service Request Prune Man Hour $85.00
GPS Inventory Each $5.00
Crew Rental Man Hour $85.00
Emergency Crew Rental (Standard Overtime) Man Hour $120.00 Emergency Crew Rental (Double Overtime/Holiday) Man Hour $150.00 Roll-Off/Tractor Rental Man Hour $180.00
100Ft+ Aerial Lift Rental Man Hour $120.00
Tree Evaluation (Certified Tree Risk Assessor) Man Hour $150.00 Palm Tree Skinning Foot $15.00
Carol Warren
Mayor
David J. Shawver
Mayor Pro Tern
Alexander A. Ethans
Council Member
Rigoberto A. Ramirez
Council Member
Brian Donahue
Council Member
James A.Box
City Manager
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379-9222
Fax (714) 890-1443
www.ci.stanton.ca.us
April 25, 2017
Mr. Scott Griffiths, CEO/Presiden{
Great Scott Tree Service, Inc.
10761 Court Avenue
Stanton, CA 90680
Re: Letter Agreement to Extend Professional Services Agreement Between City and Great Scott Tree Service, Inc. for Tree Trimming Services
Dear Mr. Griffiths:
This letter will memorialize and confirm the terms and conditions of an extension of that certain Professional Services Agreement dated October 8, 2013 (the "Agreement'') by and between the City of Stanton ("City") and Great Scott Tree Service, Inc. ("Contractor"). The City and Contractor are sometimes individually referred to as "Party'' and collectively as "Parties".
The City, under the Agreement, retained the services of the Contractor for tree trimming services. The City and Contractor extended the term of the Agreement, as authorized pursuant to the terms of the Agreement, from July 2016 to June 2017. The City and Contractor desire to extend the Agreement a fourth and final time, from July 1, 2017 to June 30, 2018 ("Final Extension").
Except as amended by this Third Extension, all other provisions of the Agreement remain in full force and effect. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Extension.
AGREED and ACCEPTED:
CITY OF STANTON
ByClL/OcCarol Warren, Mayor
Date: Qldu/w:,.
GREAT SCOTT TREE
SERVICE, INC.
By:/44£�
Scott Griffiths, CEO/President
Date: ½'r:-/4r 2
Carol Warren
Mayor
David J. Shawver
Mayor Pro Tem
Alexander A. Ethans
Council Member
Rigoberto A. Ramirez
Council Member
Brian Donahue
Council Member
James A.Box
City Manager
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379-9222
Fax (714) 890-1443
www.ci.stanton.ca.us
Approved as to form:
�)., Matthew E. Richardson, City Attorney
Brian Donahue
Mayor
Carol Warren
Mayor Pro Tem
Alexander A. Ethans
Council Member
Rigoberto A. Ramirez
Council Member
David J. Shawver
Council Member
James A.Box
City Manager
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379-9222
Fax (714) 890-1443
www.ci.stanton.ca.us
May 10, 2016
Great Scott Tree Service, Inc�
10761 Court Ave
Stanton, CA 90680
. ·,
Re: Letter Agreement to extend Professional Services Agreement Between City and Great Scott Tree Service, Inc. for Tree Trimming Services Dear Mr. Griffiths:
This letter will memorialize ·and. confirm the terms and conditions of an extension of that certain Professional Servi<;:es Agreement dated October 8, 2013 (the "Agreement") by and between the-City•of Stanton ("City") and Great Scott Tree Service, Inc. ("Contractor"). The City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties".
The City, under the Agreement, retained the services of the Contractor for tree trimming services. The City and Contractor extended the term of the Agreement, as authorized pursuant to the terms of the Agreement, from October 2015 to June 2016. The City and Contractor desire to extend the Agreement a third time, from July 1, 2016 to June 30, 2017 ("Third Extension").
Except as amended by this Third Extension, all other provisions of the Agreement remain in full force and effect. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Extension.
AGREED and ACCEPTED:
CITY OF STANTON
Brian Donahue
Mayor
GREAT SCOTT TREE
SERVICE, INC.
CEO/President:
Brian Donahue
Mayor
Carol Warren
Mayor Pro Tern
Alexander A. Ethans
Council Member
Rigoberto A. Ramirez
Council Member
David J. Shawver
Council Member
James A. Box
City Manager
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379-9222
Fax (714) 890-1443
www.ci.stanton.ca.us
Approved as to form:
Best Best & Krieger LLP
City Attorney
City of Stanton
Altn: Allan Rigg, Public Works Director
7800 Katella Avenue,
Stanton, CA 90680
April 1, 2016
RE: Citywide Tree Trimming and Removal Services
Mr. Rigg.
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Great Scott Tree Service Inc.; upon mtrtual consent with the City of Sum.ton, respectfully requests the third (3) of four (4) allowJble.annual.contract renewals; hereby extending the cummt agreement for the period of July 1, 2016-June 30, 2017.
We value ou1;.longstanding relationship 'with the City of Stanton, and look forward to our continued success in making this great city a beautifully landscaped and responsibly maintained home for all of Its residents and businesses. We �t to thank you in advance fut· your attentiveness regarding this issue.
Should you have any questions or additional concerns, please do not hesitate to contact me.
Sincerolyt � M?�'f
Scott P. Griffrths - �
President
Great Scott Tree Service, Inc.
1076.l Court Ave1rne • Stanton, California 90680 • 714/826-1750 11 FAX 7l4/826-1753 www.gstsinc.com
Alexander A. Ethans
Mayor
Brian Donahue
Mayor Pro Tern
Rigoberto A. Ramirez
Council Member
David J. Shawver
Council Member
Carol Warren
Council Member
James A. Box
City Manager
7800 Kate Ila A venue
Stanton, CA 90680
Phone {714) 379-9222
Fax (714} 890-1443
www .ci.stanton.ca.us
August 25, 2015
Great Scott Tree Service, Inc.
10761 Court Ave
Stanton, CA 90680
Re: Letter Agreement to extend Professional Services Agreement Between City and Great Scott Tree Service, Inc. for Tree Trimming Services Dear Mr. Griffiths:
This letter will memorialize and confirm the terms and conditions of an extension of that certain Professional Services Agreement dated October 8, 2013 (the "Agreement"} by and between the City of Stanton ("City") and Great Scott Tree Service, Inc. ("Contractor"). The City and Contractor are sometimes individually referred to as ''Party" and collectively as "Parties''.
The City, under the Agreement, retained the services of the Contractor for tree trimming services. The City and Contractor extended the term of the Agreement, as authorized pursuant to the terms of the Agreement, from October 2014 to October 2015. The City and Contractor desire to extend the Agreement a second time, from October 8, 2015 to June 30, 2016 ("Second Extension").
Except as amended by this Second Extension, all other provisions of the Agreement remain in full force and effect. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Extension.
AGREED and ACCEPTED:
CITY OF STANTON GREAT SCOTT TREE
SERVICE, INC.
By,k,o"'
Scott Griffiths
CEO/President:
Alexander A. Ethans
Mayor
Brian Donahue
Mayor Pro Tem
Rigoberto A. Ramirez
Council Member
David J. Shawver
Council Member
Carol Warren
Council Member
James A. Box
City Manager
7800 Kate Ila A venue
Stanton, CA 90680
Phone(?l4)379-9222
Fax (714) 890-1443
www.ci.stanton.ca.us
Approved as to form:
Best Best & Krieger LLP
City Attorney
CONTRACTOR TO PRINT COMPANY
NAME:
ttretu-- SCP« Tf..ee SeNvl°
ce,,
4V\C..
DOCUMENTS TO SUBMIT UPON AWARD:
□ PUBLIC WORKS CONTRACT
□ PERFORMANCE BOND
□ PAYMENT BOND
□ INDEMNIFICATION AND HOLD
HARMLESS
□ LABOR LAW REQUIREMENTS
FOR:
BOOI( II OF III
CONTRACT DOCUMENTS
□ ACKNOWLEDGEMENT OF LICENSE
LAW
□ WORKMEN'S COMPENSATION
CERTIFICATE
□ INSURANCE REQUIREMENTS (3)
FY13-14 CITYWIDE TREE TRIMMING AND REMOVAL
SERVICES
These Contract Documents arc the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.
Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency.
CITY OF STANTON- 7800 KATELLA AVENUE -STANTON, CA 90680-3162.
TABLE OF CONT'EN'J'S
CONTRACT DOCUMENTS ............................................................................................. I DOCUMENTS TO SUBMIT UPON AW ARD: ................................................................ 1 PUBLIC WORKS CONTRACT, ....................................................................................... 3 PERFORMANCE BOND ................................................................................................. 10 PAYMENT BOND ........................................................................................................... 13
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW
REQUIREMENTS ............................................................................................................ 16
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENAL TIES
CONCERNING THE CONTRACTORS' LICENSING LAWS ...................................... 17 INSURANCE REQUIREMENTS .................................................................................... 19 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE ............................. 20
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL
LIABILITY ....................................................................................................................... 21 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ................ 23 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY ............................ 25 PREVAILING WAGES ................................................................................................... 27 LEGAL RELATIONS AND RESPONSIBILITY ............................................................ 28 WAGE RA TES AND LABOR CODE REQUIREMENTS ............................................. 30 CITY BUSINESS LICENSE FORMS AND VENDOR DA TA SHEET ........................ 31 2 CITY OF STANTON
STANDARD CONTRACT
FY 13-14 Citywide Tree Trimming and Removal Services
I.
This Contract is made and entered into on the 8
th Day of October. 2013 by and between the City
of Stanton; a California General law Municipal Corporation ("City0 ) and
Great Scott Tree Service; Inc. ("Contractor"), City and Contractor, based upon their mutual promises contained herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows:
The complete Contract includes all of the Contract Documents, to wit:
A. Adve11isement for Bids
B. Information for Bidders
C. Bid, dated
D. Bid Bond
E. Payment Bond
F. Contract Performance Bond
G. Ce11ificates oflnsurance, Ce11ified Copies oflnsurance Policies, and Endorsements H. Notice of Award
I. Notice to Proceed
J. Change Order
K. Specifications entitled "Contract Documents and Specifications for the Construction of the FY13-14 Citywide Tree Trimming and Removal Services11 including the following sections:
1. General Conditions
2, Special Conditions
3. Detailed Technical Provisions
4, Site Specific Provisions
L. Drawings entitled Not Applicable
M. Addenda Nos. 0
N. Certified Copy of the record of action of the City Council of City of Stanton, Stanton, California,
0. Public Improvement Warranty
P. Latest Edition, Standard Specifications for Public Works Construction. 3 Q. Latest Edition, CAL TRANS Standard Specifications and Standard Drawings.
Each of such documents in their entirety are incorporated herein by this reference as if set forth in full.
II. BID AMOUNTS
The Contractor agrees to perform the work set fo11h and pat1icularly described in the aforementioned documents, incorporated herein by reference, in consideration of the amount of the BASE BID, to wit: $53,304.00
III, BONDS
Contractor shall furnish a Labor and Material Bond in an amount equal to one-hundred percent (100%) of the Contract Price, and a Faithful Performance Bond in an amount equal to onehundred percent (100%) of the Contract Price, said bonds to be secured from a surety company admitted and authorized to do business in California as such.
IV. INDEMNITY
Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs, or any other cost arising out of or in any way related to the performance of this agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth here.
To the full extent permitted by law, Contractor shall defend, indemnify and hold hmmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threaten, actual attorney fees incurred by City, court costs, interest, defense costs including expe11 witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually or impliedly, in whole or in pa11 to the performance of this agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City.
Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all4 inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City.
Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.
The obligations of Contractor under this or any other provision of this agreement will not be limited by the provisions of any workers compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subtier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contmctor agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section.
V. INSURANCE
The Contrnctor shall secure and maintain thmughout the term of the Contract the following types of insurance with limits as shown:
Workers Compensation - A program of Workers Compensation Insurance or a State-appmved self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employe1·s Liability with One-Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all l'isks to such persons under this Contract.
General Liability - Such general liability insurance shall be written with a limit of liability of not less than Two-Million Dollars ($2,000.000.00) combined single limits for damages arising out of bodily-iniury. including sickness and death, injury to or destruction of pmpe1ty of others, arising directly or indirectly out of or in connection with the perfotmance of the Work under the Contract Documents including explosion, collapse, and underground exposure.
Vehicle Liability - Such vehicle liability insurance shall be written with a limit of liability of not less than One-Million Dollars ($1,000,000.00) combined single limits for al1 bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of 01· in connection with the performance of the Work unde1· the Contract Documents including explosion, collapse, and underground exposure. 5 If the City determines to require the Contractor to procure such insurance, such insurance shall cover as insureds under all policies excepting workers compensation the City, its officers, employees, and agents, The policy or policies for such insurance may provide for a deductible amount not to exceed five percent (5%) of the Contract Price. As provided in Section 7105 of the California Public Contract Code, the Contractor is responsible for the cost of repairing or restoring work up to five percent (5%) of the contract amount.
All insurers shall be admitted and authorized to do business in California as insurance carriers.
Contractor shall immediately furnish certificates of insurance and the Contractor shall provide certified copies of all policies and endorsements to the City evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contrnctor commences performances of services hereunder until the completion of such services. Within thirty (30) days of award of the contract, Contractor shall provide City with certified copies of all insurance policies required hereunder.
All policies, with respect to the insurance coverage above required, except for the Workers1 Compensation Insurance coverage and liability coverage, if applicable, shall obtain additional endorsements covering the City and its officers, employees, and agents, as insureds with respect to liabilities arising out of the performance of services hereunder.
The Contractor shall require the carriers of the above required coverage's to waive all rights of subrogation against the City, its officers, employees, contractors, agents, and subcontractors.
All policies required above are to be primary and noncontributing with any insurance or self-insurance programs carried or administered by the City.
VI. CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept in full payment for the work outlined, in the Contract Documents, the sum of Fifty Three Thousand. Three Hundred Four Dollars ($53,304.00) subject to additions and deductions, if any, in accordance with said documents.
Payment shall not be made more often than once each thhiy (30) days, nor shall amount paid be in excess of ninety percent (95%) of the Contract at time of completion. Final payment to be made thirty-five (35) days subsequent to filing of Notice of Completion, Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit eligible substitute securities, as described in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.
6 VII. COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed and shall complete the Work within Three Hundred Sixty Five (365) calendar days. City and Contractor have discussed the provisions of Government Code Section 53069.85 and the damages which may be incurred by City if the WOl'k is not completed within the time specified in this Contract. The City and Contractor hereby represent that at the time of signing this Contract, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of calendar days allowed. Accordingly, City and Contractor agree that the sum of One Thousand Dollars ($1,000.00) per day is a reasonable sum to assess as damages to City by reason of the failure of Contmctor to complete the Work within the time specified.
The City has the right to extend the term of this contract for four (4) additional one year periods (the "Additional Terms"), based upon the same conditions of the initial term, subject to the bid prices stated in the bid proposal. The City shall notify the Contractor in writing of its exercise of its option for an Additional Term not less than thirty (30) days prior to the end of the then current term.
VIII. MISCELLANEOUS
The Contractor acknowledges that, in accordance with Section 1777 .5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.
The Contractor hereby waives for himself/herself and for Contractor's Subcontractors any right Contractor may now or in the future possess in relation to this Contract and these Contract Documents and the work thereundet\ to utilize the provisions of Civil Code Section 47(b) in any action, proceeding, or prosecution pursuant to California False Claims Act, Government Code Section 12650 et seg.
IX.
Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to perform the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this contract, or any period thereof, shall be cause for the immediate and summary termination of this Contract by City. Contractor shall be liable for all City's costs to complete the work and this Contract.
X.
The person or persons executing this Contract on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Contract on behalf of his/her/their corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder. 7 XI.
This Contract contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereundet· shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void.
IN WITNESS WHEREOF, each of the patties hereto has caused the Contract to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written. 8 CITY OF STANTON:
By:
ATTEST: -"-· .. __
APPROVED AS TO FORM:
By:
CITY ATTORNEY
GREAT SCOTT TREE SERVICE, INC.:
By: (Corpo�
9 Title: (_ £.c::>
PrintName: 0&\..�6 G.,...,"{.f-.'l-lJ
Title: f re.-J-filo.., ... JPrint Name: 5 "'-.Y.}- � ,-�'dtv)
NOTARY REQUIRED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:;��«"%-®'Qi;;.�'®����'%'%'%'<¼-'®����'<R,�'®'®�'®'Qr.i.'9(.'"@J�.<�'Q(;)������
STATE OF CALIFORNIA
County of _O""'r_a_n-g_e ________________ }
On 09/30/13 before me, Brenton Beller. Notary Public
Dale Here Insert Name and Tille of Iha Officer
personally appeared _S_c_ot_t_P_. _G_ri_ffi_th_s_&_Ja_c_o_b_T_._G_n_·ff_th_s_-_--_-_--_--_-- i --_� --
-
------
----------------------------=================--U - Name(s) of Signer(s) ----------------------------------------------------------------------------------------------------------------------------------------
BRENTON SAMI BELLER
CommlBBIOn # 1975225
Notary Publlc - California i
Orange County �
My Comm. Expires Apr 15, 2016 .f
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislhmitheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature . « � .___L/[_� ✓-KL: �� � ._ -,.
Signature of Notary Public
-----------OPTIONAL----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: FY13-14 Tree Service Agreement Document Date: ___________________ Number of Pages:_9 _______ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:_S_c_ot_t P_. G_r_if_fit_hs ________ _
□ Individual
Qf Corporate Officer -Title(s):_P_re_s_id_e_nt _____ _
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
□ Other: _______
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: Jacob T. Griffiths
□ Individual
[i,if Corporate Officer -Title(s): Secretary & CEO
□ Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: ·-------
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Bond No. ---------------�Bond Premium ___ _
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
THAT WHEREAS, the ______________ (sometimes referred to hereinafter as "Obliges") has awarded to (hereinafter designated as the "Contractor"), a Contract for the work described as follows:
The work to be constructed hereunder is located in the City of Stanton. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project. The general items of work to be done shall consist of: trimming existing trees throughout the city, removal of materials f r
om trimming activities, the
removal of existing trees, and other items of work required to complete the scope of work shown within the specifications complete and in place.
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated _________ (hereinafter referred to as the "Public Work Contract"), which Public Work Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the perfonnance and guaranty thereof.
NOW, THEREFORE, we, _____________ � the undersigned Contractor, as Principal, and ___________ __, a corporation organized and existing under the laws of the State of _______ _, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stanton in the sum of ______ _ -----------�Dollars($ ____ __, said sum being not less than one-hundred percent (100%) of the total amount payable by the said obligee under the terms of the said Public Work's Contract, fot· which amount well and truly to be made, we bind ourselves, our heirs, executors and administrntors, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the said Principal, his/her or its heirs, executors, administratms, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Public Work Contract and any alteration thereof made as thernin provided, on his/her or its pmi, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Pub1ic Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, the said Surety will pay to Obligee a reasonable attorneys fee to be fixed by the Court.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Public Work Contract or to the work to be perfonned thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.
IO
No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day -�------�20
PRINCIPAL:
By: ______________ _
SURETY:
By: _______________ _
Attorney-in-Fact
The rate of premium on this bond is$ ____________ per thousand, of
The total amount of premium charged,$ ____________ . (The above must be filled in by corporate surety.)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority fr om the
California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Depatiments most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
11 STATE OF CALIFORNIA )
) ss.
COUNTY OF _____ )
On this ___ day of _____ � in the year 20 __ � before me, ___ _ --� a Notary Public in and for said State, personally appeared __________ , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact _________ of the ________ _ (Surety) and acknowledged to me that he/she subscribed the name of the __________ _ (Surety) thereto and his/her own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
Commission expires: ________ _
NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______ _, certify that I am the secretary of the corporation named as Principal to the within bond; that ________ who signed the said bond on behalf of the principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing bond.
Signature
(CORPORATE SEAL)
12 Bond No. ________________ Bond Premium ___ _
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
THAT WHEREAS, the City of Stanton (referred to hereinafter as "Obligee") has awarded to ___ _ _____ (hereinafter designated as the "Contractor"), a contract dated ________ for work described as follows:
The work to be constrncted hereunder is located in the City of Stanton. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project. The general items of work to be done shall consist of: trimming existing trees throughout the city, removal of materials from trimming activities, the removal of existing trees, and other items of work required to complete the scope of work shown within the specifications complete and in place.
WHEREAS said Contractor is required to furnish a bond in connection with said Public Works Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, _______ _, the undersigned Contractor, as Principal and, a corporation organized and existing under the laws of the State of ___________ _, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the _________ to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code in the sum of. _____ _ _____ .Dollars($ ), said sum being not less than one-hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his/her or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the Public Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board f r
om the wages of
employees of said Contractor and his/her Subcontractors pursuant to Section 18806 of the Revenue and Taxation Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety or Sureties will pay a reasonable attorneys fee to be fixed by the Court. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Code, so as to give a right of action to them or their assigns any suit brought upon this bond.
The Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does 13 hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WI1NESS WHEREOF, we have hereunto set our hands and seals this ______ day of __ _ ______ _,20_.
PRINCIPAL:
By: ______________ _
SURETY: _____________ _
By: ______________ _
Attorney-in-Fact
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the Califomia Insurance Code, and if the work or project is financed, in whole or n part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
14 STATE OF CALIFORNIA )
) ss.
COUNTY OF ----- )
On this ___ day of ______ , in the year 20 ___ , before me, ______ _ ____ _, a Notary Public in and for said State, personally appeared ________ _, known to me ( or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _______ {Surety) and acknowledged to me that he/she subscribed the name ofthe ___________ (Surety) thereto and his/her own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
Commission expires: _____ _
NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, __________ _. certify that I am the secretary of the corporation named as Principal to the within bond; that _________ who signed the said bond on behalf of the principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing bond.
Signature
(CORPORATE SEAL)
15 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW
REQUIREMENTS
(Labol' Code§§ 1720, 1773,8, 1775, 1776, 1777,5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law:
I. Contractor acknowledges that this contract is subject to tlte provisions of Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.
The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
4. Contmctor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (I) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours, TI1e Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"J am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Date_'\_l_3° ......... (_11_ Signature_�/JA=�--t-T-�--------- 16 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING
THE CONTRACTORS' LICENSING LAWS
[Business & Professions Code§ 7028.15]
[Public Contract Code§ 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award) :
Business & Professions Code§ 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(I) The person is pa11icularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of tl1e Public Contract Code or on any local agency project governed by Section 20104 [now§ 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than IO days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure.
( d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.
Public Contract Code§ 20103.5:
17 In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the lime the contract was awarded, Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.
License no.: S f� 6 't 7, 7
Date �q---1--( 1_0
_( I>_
Class: C61 /bl.\j. ti, C7....3 Expiration date: 07 I 7_g /\S r •
Signature ---.1,,,-�------tt�---------------
18 INSURANCE REQUIREMENTS
The Contractor shall at all times during the tenns of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with the General Provisions. The insurance company issuing such policy(ies} must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than Two Million Dollars {$2,000,000} combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage ofno less than One Million Dollars ($1,000,000) for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the perfonnance of the Contract. Contractor shall also provide an endorsement in the forms included in Book Tl. 19 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE
WHEREAS, the CITY OF STANTON has required certain insurance to be provided by lf\av6h LA s� l�.
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time.
1. This certificate is issued to: CITY OF STANTON, City Hall, 7800 Katella Avenue, STANTON, CA 90680-3162.
2. Theinsuredsundersuchpolicyorpoliciesare: Gt,l, Avf-o I UJC I Umbrella.
3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:
POLICY NUMBER
Gi.W4fo31 33 lS
EFFECTIVE DATE
t.f (dr 3
EXPIRATION DATE
'i {I/I�
4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirt days' advance written notice thereof has been served upon the City Clerk of the CITY OF STANTON. 20 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL
LIABILITY
Name
b(&,,t
and address
SU>\t:Jr.e& Se,v-vi
of named insured ("Named Insured"):
cc �kt. 101w1 Gu,+= frtc.- ��
---=...,�"----'--"----'----'-� A-:........:_. __,_I Ll------=-----0'--"'-0 ---'---"--'-!.���_______,,,__,_..L-'--4,AA,��r-+-=--L iRD l 4 f, Name and address oflnsurance Company ("Company"):
OFFICIALTITLEOFPROJECT:
Notwithstanding any inconsistent
Ct
statement
Di D+
in
s �
the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1, The City of Stanton, its elected officials, officers, attomeys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3, Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold hannless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s} designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty {30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, constrnction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Stanton
7800 Katella Avenue
Stanton CA 90680-3162
21 I 0. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
4],/ /),, t-1 I dJ� LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
� Contractual Liability
D Owners/Landlords/Tenants
□ Manufacturers/Contractors
□ Products/Completed Operations
D Broad Form Property Damage
0 Extended Bodily Injury
□ Broad Form Comprehensive
J General Liability Endorsement
D Explosion Hazard
n Collapse Hazard
□ Underground Property Damage
iJ Pollution Liability
D Liquor Liability
" t._j
[J
12. A ij. deductible or □ self-insured retention (check one) of$ 5001 DO applies to all coverage(s) except: _______________________ _
(ifnone, so state). The deductible is applicable D per claim or D per occurrence (check one).
13. This is an ij,occurrence or D claims made policy (check one).
14. This en�orsement is effective on ·4\ l l \ 3 at 12:01 A.M. and forms a part of Policy Number fulb 4Co 31 s3 <g
I, 1 Ii UJ'o bfi W S (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed SPj � A')�( , 3'.0 , 20 l 3
(Original signature only; no facsimile signature or initialed signature accepted)
Phone No.: ( '7/� ) S/Y -t.,f 4 8 j
22 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
6<uk Sc1>H 'Tree.- S'P/iUi ce. k LDlltl Cour+ Avt, &'� C4- Name and address of named insured ("Named Insured"):
'JJ.t< t Ll\ N Pr I Yoo {ttvt.U:i Cl);R__ � ttM::<::: S'c&tqµM,t,, b � , I l- 0 t>t � (;, Name and address of Insurance Company ("Company"):
OFFFICAL TITLE oF PROJECT: Ci!:1 of S±lAAAJ[\\t\..
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
The City of Stanton, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
I. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
2. Each insurance coverage undel' the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase 01· replicate the Company's limits of liability as provided under the policy.
4. The insurance afforded by the Policy for contractual liability insurance (subject to the tenns, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision{s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits ( except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations perfonned by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
It is hereby agreed that the laws of the State of California shall apply to and govern the validity, constmction, interpretation, and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Stanton
7800 Katella Avenue
Stanton, CA 90680-3162
7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
23 TYPE OF COVERAGES TO WHICH
OF
THIS ENDORSEMENT ATTACHES
LIABILITY
POLICY PERIOD
FROM/TO
LIMITS
Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles
')( All Owned Automobiles
□ Non-owned Automobiles
D Hired Automobiles
D Scheduled Automobiles
□ Garage Coverage
D Truckers Coverage
□ Motor Carrier Act
□ Bus Regulatory Reform Act
lJ Public Livery Coverage
□
11. A t{; deductible or □ self-insured retention ( check one) of $ "15,JO I OO applies to all coverage
(s
)
(
except: ____________ _____________ _ if none, so state). The deductible is applicable □ per claim or D per occurrence ( check one).
12. This is an � occurrence or □ claims made policy (check one).
13. This end51.�sW}ent is effective on 4 \ l \ \ 3 at 12:01 A.M. and forms a pm1 of Policy Number i?Af lf{)�1331 -���---
1, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed -�S½�· L£--L-tewJou=�· �---3_0 _____ �, 20 13
Signature of Authorized Representalive��-----,,,4=s;=�-....+.<--=___,..,__ __ -________ _ (Original signature only; no facsimile signature or initialed signature accepted)
PhoneNo.: (1/� )�S_f��-_L,f_y���J�------
24 URED EXCESS LIABILITY
-----1,,...1,-L-=�:!.M!,,LJ���"---"' vLJ..._· "----"'ce."'-------"--'-=--------'-"'--£..YLL------""'-"""'r------'---�"---'-""'--'--""-'�C...:..� (A- t>iDlt <tO Name and address of named insured ("Named Insured"):
_Zu_:_e_<_t dA______.L..:!..:..:....'--------1...---!.JLl!_--'-..L..LL.\,4LL...L��"--VV-L"""""------------=-'-"'----'---l--'a<..!..J..ILl,�'f-----------L-v CR o t 9 4, Name and address oflnsurance Company ("Company"):
OFFICIAL TITLE OF PROJECT: Cl b1 Ot S-h1r11, ,tt)I\ <
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now 01· heI'eafter attached thereto, it is agreed as follows:
l. The City of Stanton, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds"} under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional hlsureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold ham1less provision(s) contained in or executed in conjunction with the wl' itten
agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject t9 cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30} days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional hlsureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities descl'ibed generally above with I'egard to operations performed by or on behalfofthe Named Insured regardless of any priol' , concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Stanton
7800 Katella Avenue
25 Stanton, CA 90680-3162
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
LIMITS OF
THIS ENDORSEMENT ATTACHES
LIABILITY
D Following Form
X Umbrella Liability
n
10. Applicable underlying coverages:
INSURANCE COMPANY
AMOUNT 5/Vl
POLICY PERIOD
FROM/TO
POLICYNO.
11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
12. A � deductible or □ self-insured retention (check one) of$ _________ _ applies to all coverage(s) except: ________________________ (if none, so state). The deductible is applicable D per claim or D per occurrence (check one).
13. This is an � occurrence or n claims made policy (check one).
14. This endorsement is effective on 411 I) 3 at 12:01 A.M. and forms a part of PolicyNumber SF 13�.XC, ']'l '153 4 IV ---i-J--1-��--
I, JD.Cob brl �-Ht!. (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Sign Representative
(Original signature only; no facsimile signature or initialed signature accepted)
PhoneNo.: (11l\)_0�1�4_--_l{L{_8_�------
26 ,,....---,
A�RDr& CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/00/YYVY)
04/01/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certlflcale holder Is an ADDITIONAL INSURED, the pol lcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pol icy, certain policies may require an endorsement A statement on !his certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
MARSH USA INC. NAME:
PHONE 600 RENAISSANCE CENTER, SUITE 2100 tAlt' ..,n Cv"• I rffc'.-Nol:
DETROIT, Ml 48243 lt'o��ss: -····-········-
INSURER(Sl AFFORDING COVERAGE NAIC tJ
··-
00398 -00398-RAFF·13/14 INSURER A, Zurich Amafican Insurance Company 16535 INSURED INSURER 8 , Navigalors Insurance Company 42307
Great Scott Tree Service Inc.
10761 Court Ave. INSURERC :
Stanlon, CA 90680 INSURER 0:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER• CHJ-004395198-04 REVISION NUMBER· 2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
A
B
A
TYPE OF INSURANCE
GENERAL LIABILITY
·--
X r-- COMMERCIAL GENERAL LIABIUTY
r--D CLAIMS-MADE [!] OCCUR
r--
r--GEN'L AGGREGATE LIMIT APPLIES PER:
7 POUCY fxl P,fR,: n LOC
-AUTOMOBILE LIABILITY
X - ANY AUTO
- ALL OWNED - SCHEDULED
AUTOS f-- AUTOS
X X NON-OWNED -- HIRED AUTOS f-- AUTOS
UMBRELLA LIAB � OCCUR T EXCESS LIAB CLAlMS-MADE
OED I I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE [I] OFFICER/MEMBER EXCLUDED? (Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
ADDL SUBR
IOU<,n , .. .., ...
NIA
···--�-··-
POLICY NUMBER 1&8l-J%�1 l�rJJ�l LIMITS
EACH OCCURRENCE s 1,000,000
GL04637338 04101/20 13 04/01/20 -·DAMAGE TO RENTED 14 PREMISES !Ea occurre!)_g;>l $ 500,000 MEO EXP (Any one per�?!') s 10,000
PERSONAL & ADV INJURY s 1,000,000
GENERAt AGGREGATE s 2,000.000
PRODUCTS · COMP/OP AGG s
2,000,000
s
&��
���if
lNGLE LIMIT
� 1,000,000
BAP4637337 04/0112013 04/01/2014 BODILY INJURY (Per person) $ BODILY INJURY (Pe< acddenl) s
rre�:��gAMAGE s
s
EACH OCCURRENCE $ 5,000,000
SF13EXC779534IV 04/0112013 04/01/2014 AGGREGATE s 5,000,000 s
X ! T"J,�§T fl.IU"i: I 1
°wWC4578598 04/01/2013 04/01/2014 E.L EACH ACC!DENT 1,000.000 .!a.L DISEASE · EA EMPLOYEE S 1,000,000
E.L. DISEASE · POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Altach ACORD 101, AddiUonal Remarks Schedule, If more space Is required) The City, its off1eers, employees, conliactors, agents, and subcontractors are NAMED AS ADDITIONAL INSURED FOR GENERAL & AUTO LIABILITY ONLY, BUT ONLY AS RESPECTS TO LIABILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY FOR GENERAL UABIUTY WHERE REQUIRED SY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLI ES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS' COMPENSATION IN FAVOR OF The City, its officers, empk>yees, cootraclors, agents and subcontraclors WHERE REQUIRED BY WRITTEN CONTRACT. WORKERS' COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (ND, OH, WA, AND WY}, PUERTO RICO OR TIIE
VIRGIN ISLANDS,
CERTIFICATE HOLDER CANCELLATION
City or Stanton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Director of Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7800 Katella Ava ACCORDANCE WITH THE POLICY PROVISIONS.
Slanton, CA 90680
AUTHORIZED REPRESENTATIVE
or Mars h USA lno.
I John C Hu rley �-r.' �
© 1988-201 0 ACORD CORPORATION. All rights reserved.
ACORD 25 {2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLO4637338-02 COMMERCIAL GENERAL LIABILITY CG 20 3707 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Oraanizationlsl: Location And Description Of Completed Operations Any person or organization other than an Architect, Any location or project where you have agreed, Engineer or Surveyor, to whom or to which you are through written contract, agreement or permit, required to provide additional insured status in a executed prior to loss, to provide additional written contract or written agreement executed insured coverage except where such contract or prior to loss, except where such contract or agreement is prohibited by law. agreement is prohibited by law.
Information required to comolete this Schedule if not shown above will be shown in the Declarations.
Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'' or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard".
CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1
UNIFORM
POLICY NUMBER: GLO4637338-02 COMMERCIAL GENERAL LIABILITY CG 2010 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or011 :
Any person or organization other than an Architect
Engineer or Surveyor, to whom or to which you are
required to provide additional insured status in a
written contract or written agreement executed
prior to loss, except where such contract or
agreement is prohibited by law.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the localion(s) designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:
Location s Of Covered O erations
Any location or project where you have agreed,
through written contract, agreement or permit,
executed prior to the loss, to provide additional
insured coverage except where such contract or
agreement is prohibited by law.
This insurance does not apply to "bodily injury'' or
"property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
2. That portion of ''your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 2010 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1
UNIFORM
PREVAILING WAGES
NOTICE IS FURTHER GIVEN that the City Council has obtained the general prevailing rate of per diem wages in accordance with law to be paid for the construction of the above Work and lmprnvements. The schedule has been obtained from the Director of the Department of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file in the City's Office, which said copies are available to any interested party upon request. Fmther, a copy shall be posted at each job site during the comse of construction. If prevailing wages change within IO days of the bid opening date, new prevailing wages will be used.
WAGE RATES AND LABOR CODE REQUIREMENTS
Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project which administers the apprenticeship prngram in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract.
The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
27 LEGAL RELATIONS AND RESPONSIBILITY
The Contractor shall keep himself/herself fully informed of all existing and future State and Federal laws and all county and city ordinances and regulations which in any manner affect the conduct of the Work, and all of such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the Contract Documents or the Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, he/she shall forthwith report the same to the Engineer in writing. He/she shall at all times observe and comply with and shall cause all his/her agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall indemnify, protect, defend, and hold harmless the City, the Engineer, and all of their officers, employees, and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself/herself or his/her employees, agents, or representatives.
The Contractor's attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of California and especially to Article 2 (Wages); and Article 3 (Working Hours). a. The Director of the Department of Industrial Relations has found and detennined the general prevailing rates of wages in the locality in which the public work is to be performed, copies of which are maintained at the City's principal office, and are available to any interested party on request. Contractor shall post a copy of said document at each job site. The Contractor shall forfeit to the City a penalty of twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate, and shall in addition pay to each worker for each such day the difference between the pl'evailing rate and the actual wage paid.
b. In accordance with Sections 1173.1 and 1773.8 of the Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work as such travel and subsistence payments are defined in the applicable collective bargaining assmances filed with the Department of Industrial Relations.
c. Pursuant to Labor Code Section 1810 et film., it is stipulated hereby that eight (8) hours labor constitutes a legal day's work hereunder.
d. Pursuant to Labor Code Section 1813, it is stipulated hereby that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any Subcontractor hereunder fol' each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty ( 40) hours in any one calendar week, unless such worker receives compensation for all homs worked in excess of eight (8) hours at not less than one and one-half ( 1 1/2) times the base rate of pay, in violation of the provisions of Article 3 (commencing with Section 1810), Chapter l, Part 7, Division 2, of the Labo!' Code.
e. The Contractor is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777 .6, as amended effective January 1, 1977, with respect to the employment of apprentices.
Pursuant to Section 1777.5, it is hereby stipulated that the Contractor will be responsible for obtaining compliance therewith on the part of any and all Subcontractors employed by him/her in connection with this Contract.
In accordance with Section 1777.3 of said Labor Code, the City will file with the Department of Industrial Relations, Division of Apprenticeship Standards, on "Extract of Public Works Contract 28 A ward" upon issuing the Notice of A ward in the form appended hereto and made a part hereof as page 1-9.3.
f. Attention is directed to the prov1s10ns in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him/her.
The Contractor and any Subcontractor under him/her shall comply with the requirements of Section 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch office Willful violations of Section 1777.5 will result in a forfeiture of fifty dollars ($50.00) for each calendar day of noncompliance which shall be withheld from progress payments by City upon notice f
r
om the Department of Industrial Relations. (Labor Code 1777.7). 29 WAGE RATES AND LABOR CODE REQUIREMENTS
Wage Rates:
This is a Federally assisted project and Davis-Bacon will be enforced. Federal and State wage rates are applicable to both the prime Contractor and subcontractors. The higher wage rate between the Federal and State wage determinations will be enforced. The Federal Labor Standards Provisions (Form HUD-4010) and the Federal Wage Determination are incorporated into these Provisions. They are considered a physical part of the Contract Agreement and full compliance will be enforced. The same Federal language and wage determinations will be included in an Agreement resulting for the original Agreement.
Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract.
The Contl'actor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations 01· from the Division of Apprenticeship Standards.
30 City Business License Forms and
Vendor Data Sheet
31 ·,soo K�l�lla IW�-, Sta�ton, c ... 90080
(114) �f.1.9:;,n • ,�x(114►&WHH
'.Wr{/A),1tnQt(,l-,(.:f!,lf;S
llus!n�S$ OwnP.r
BUSil\l!SS Addms.s
(:j, '5un\ <rrt,V.�!,.�,il<-,:,..fi)
Ma!IJng MdrPSS
orJ"r:<t�t rna'l l-llLEni•l-i 1:J.md
Fax
Home Addr�i.�s
· ·
Ownership Type f,,\torporntlon
If Corporation, I.Isl Offlrers ..nd l ltle�
Federal/State femplover H> No.
St::itt:! !kense No.
CITY OF STANTON
**OUT OF CITY STATE LICENSED
CONTRACTORS/SUB�CONTRACTORS**
APPLICATJON FOR A BUSINESS CER'rlFICATE
llome Phone
QPallntt!hlJl Q sole Proprir.lor QothN
stale sa!�s Tax No.
Class
___________ _ ,_ ----· ..
Soda! S£Jwrlly No.
Opening Oa!O �I Thls lorn lion
()New 011sincss r.)N{!W OW0N (U�t Pf{!V!OllS ownw)
(J l!usln(!S.S Name- Change (lM l'rw!ous Name)
I;), Addr1m Change {list Prevlov� Addtf!$S)
0 legal Status Ch�nse UOther
I det/l)t� urnMf llm pcnallici of 1m/u,v thot this app!irntion flml f>ny alrochmEt115 lheu,to, /;n •� /Jcen exam!nM bV m� aM u, /lie lle.11 of my M�w!Nlac !'mi br:lie/ n:prer-1m u tme, ,¢ffC<I and <ompfe1es1o1rmm1c of focrs.
Appllcanl'� Sl,:nawre ---- Dat!! -------------
fOR O��ICE USE ONLY
80$. No. C:!.m �OMOO llus.. G1ot1p (}) -.---- -�L':.F.£.c $40_f:)r_$� __ _ ROE/CAT l'>or 1/ Rate Codi! 4!lo��-- --
Units I (I)··- ·sa:i-i"io $l.OO Aw. R,�lcw $m.oo
/\ddlt�p�r(JYillb��-��J --�=-·- I -D�pl: ... ·.,..�-���:==U=lh=�r==:-----"-----; K�m�,��-' OUT 01' (llY STATf ucrnsro C.ONTR�C��-��v_m�B_c_o_1_1T_M_c_r_o_Rs ___ _,__1o_1_al_: __._ ________ _, 32 STATE OF CALIFORNIA
LABOR AND WORKFORCE DEVELOPMENT AGENCY
WORl<ERS' COMPENSATION DECLARATION
n1e State of California passed All 3251 In September 1992, with an effective date of Janua,y l, 1993. The bUI requires every employer who applies for or RfNF.WS a business license must p,ovlde proof of valid workers' compensation Insurance or proof of comJillarm! with self.Insurance provisions.
Please com1>leto the to,m below and return it with your license form5 and payment. Your cooperation Is appreciated.
If you have anv<1Ue$llons, ploaso contact the Labor and Workforce Development Agency at (916) 653-9900.
AB 3251 SEC, 2 SECTION 371,1 of the Labor Code Is amended to read:
371.1 (a) Every omployor who applies for any llcense or for renewal of any llcense for a business Issued to pursuant to Section 37101 of the Govemment Codo or Section 7284 of tho Rttvenue and Taxatloo Codo shall complete and sign a decla,atlon that states the followlng:
WORKERS' COMPENSATION DECLARATION
I hereby affirm, under penalty of perj\JrV, one of the following declarallons:
0 0
I have and wlll maintain a cer tlflcate of con.sent to self-Insure for workers' compensation, as provldod by section 3700, for the ch1rallon or any busln,.m acllvlUes condutled for which the license Is Issued, I have and w!U mallllaln workers' compensation Insurance, as requlrod by Section 3700 for the duration of any business aclivlties conducted for which this license Is issued.
My workers' compensatr.on Insurance carrhir and 1101/t.y oumber are:
carrier --·--·•-·····•·· •·· ·- ····
Polley Number Explr;illon Onte --- .. -------
D I certify lhal In the perfonnanco of any buslnoss activities for which this license Is issued I shall not employ any pP.mm In any manner so as lo hccomo subfoct to tho wmkors' compensation laws of California, and agree that If I should become $Ubjec1 to the workers' provisions of Soctlon 3700 of the Labor Code, I shall forihwlth comply with the provisions of Section 3700.
Applicant Signature ---------------Date ------�---·-··----· ······------ ··-· ··• WARNING: FAILURE TO SECURE WORKERS' COMl'ENSAYION COVERAGE IS UNIAWFULAND SHAtL SUBJECT AN EMPLOYER TO Cl!IMINAl PENAmes AND CIVIC flNfS UPTO $100,000 IN ADDITION TO THE COST OF COMPENSA'flDN, DAMAGES, INTEREST ANO ATTORNEY'S FEES AS PROVIDED FOR IN SECTION 3706 OHHI: lABOM CODE. auslness Name
Business Ownar
BtJSiness Address
.. .. ... .. .... . . -----------
33 Phone
SJA.JE OF t:JlllfO�M}\
SUPPLIER DATA RECORD (Rev1-07) CITY OF STANTON
{Rt1qul1t1d In 11,11 Of IRS W4I whon dolt1g bWl/110/JS wi''lh tM $tautafl) NOTE: Qovemmentel en1lllf1B. l't!d11raf, &1<1/e, IHld f.ocnl {lnctmlfntl $Choo/ d/!1t1lct,) 11re ni>t required to submU this form.
S!iCTION 1 11,11,1 ba C<lff.ple!$1 tn !tie requHling ago11ty ooforo !orw,mflllJI to t�o �!>dot IXI
Pl-liASE
RETURll
10;
DEPARTfJilNr/OFfK':E
STANTON ACCOI.INTll l'A VADl,R DF.l',\lt'r.\lt:Nr PUltl>OS.I!: lnform;l",km CQ/lli;/-11Vll I'! 1h15 (,;rm will bo 1»1d bycly agoncle5 lo pr@afe
8TIUU IIOOR�Ss-·----· ________ ___, lnfo1mi,.U�n floll(rM (r- 10!:ii) llrtd ltir 11100 RATELLA AVF: w�Moldi�(I 011pa:,-r1,en1110 nonr.n:donl . CITY, $1Alli, /.IP (lQ�, WIii.fi,)�. PJe>o'l\Pl ltlUfn oft�J• lul.y comp'.e!lld STANTON, CA ?.�680.JJ�J. .
fom, v,ld pWIOl'tdo!ty&wlion Pr<l�»"'B
Tflf l'HOllli N lll!PF.R paymanl&.
(7U) 379,9-222 PAX (7!�}89(1.,140 ($(!,t P1fv11ty s1a1em1m1 Oil reverse.) LD ViNUOR'S SUSINliSS IIA!/f l't.EASI: CHECK OllP.
�-- Eq�1pmenW!;p.,ro1
0 VEHOOR
i;rmTY TYPll
.._, _____ _ ..
0 VllNOOR'S
TAXPAYfiR
1.tl.NlJMll!oR
IJJFVD\'OOR
�llTCIY TYl'i! IS
,�..1
VE'�OOR
RE$lllliNCY
STATUS
""'.-
0 CEJJ;TIPYING
SIOtlATURE
·•····· · ...............
Cld,CK ON!:.llO/C ON!.Y
□ I\IEDIOAI. CORPORATION (w.\.v,�g*m'•1r/,
Jl(IIJ{ilflY.P4JtM>'l>c�,;rJ, �'lltf,y • .,,,,.,,..m�, fik.1 □ □ F.XEMPT CORPORATION {Nofl,pto/lQ □
Cdpi' of &01C may Ile requlfad
tl ALL OlliER CORPOAATIOllS 0
·-· """"'··
__
.,,.._
._
... .•
PARTNERSHII>
ESTA16 OR TRml-T
�W-1.i\fl�it!SeNkl4 _ R♦nt
Non•Mod�'[\;0$
_ lr.�lll!I �. Jwtald&1
-· Non-Emp Comp __ _ l'lltim1Gy feos
Prlz�AIWlrcft _ logid
- .
s.i111e111e,1t
GllJ.CK IF AP PI.ICABLE
DVBE
small =Certified
co,tlfled
Busln m _OOVilll'UI lfl\l
INf>IVJDUAUSOLI! PROPR!tiTOR
0806 cimii1i:a1io11 N umber
.. ·- · .
. -·, -- �·._::···
SOCIAL SECURITY NUMBER REQUIRED l'Olt INOlVIIJUAUSOlll PROPRIETOR DY NOTl!:Pa)'llle� olY.illllOl
v,W,9ultn
(n�pByl!l
!MB
bep1°"u8d
AUTHORIT'i OF lHE REVl!NUE AND TAX/lllON COOi! S£0JION 18e46 ($00 rtvllr30) HUI.ML CIJPLO'l'fR'S ICE!tTIFICATIOff NUl,'t\f.R !FF-1!0 $0CV\t S�C\llltlY HUMlllR L.-1. I .. I I L_J J,_�u_J L, I I·· I I 1-1 I I I I
IF \flNf>CIR ElllllY TYPC ,SA CORPORU:ON. IF Vl\llllOR Elllii'l'WPl!ISINDMOUAI/ PARTNEI\SIIIP, EST/Ile OR fRtlST, 1:NIER fl.lit SOLE PROPlll'fTOR. F/lTfll ft&N. ,-........•.•.. ·····.·.·.···
·••fl.,_.,...., ·-
r,"IFCKAl'PRl);'<1b\l If llOll((S}
tl CS!ilornla R<l&ldcn1 � Quatillod to do bvslneJs in CA or a pe11na0Mt pl.aeo of truskwss In CA
Nonres.idenl (See Revs,.so) Psymonls fer sol\'lcos by nomes!dMl.'l 111f1Y b!l D Subject lo &llde withholding □ WM/(1( Of GTAT[ \/llllfflOl.011/0 r llO�IFM�F. TAJ( BOMIU Iii l',\CHE:O 0 5fiR\'ICESJ>leHFORMED OUTS!DC or CAJ.lfOlllllA.
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b.
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I htiroby �erlffy undi,r ponotty of por)uty lhRt 1110 l11formMlon provided on thltJ document Is 1,110 ond corroct. If my TQti/drmcy slatus ,;/,ould cllangt, I w/11 promplly l11form yo11, 11\JIHORIZED 8lil'i'llfR R�Pfl.Ul$�!lfl\"(IVI,$ N,W.E. t/}-p;> oYPi!oQ .. . ... ··· ·······-
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STATE Of CAllfOR!UA.
34 VENDOR DATA RECORD
sro. l (Rf.V, (HH) (�EVERSE)
ARE YOU A RESIDE.NT OR A ffONRESJDfNI?
Ead1 l;OIJIOlit!b-1, lr11,1v'.d1111llslk pwpdelot, pa!IMIShlps, osta!C Of ltU!I dOTJO hi,'M�s \,ijh 1h11 S@le o! Cali(omla mu,t irK!?<ialt; !�e:r m$!der.cy sla.'u, a!oog wtth l!!e!f veneer fden�fice1ki1 l'."mber.
A corporallon wii bo w:1sl®red a •resldMf' U fl nas a permane.qf ,:!ace of w1h1ois In CAffornra. 1h& wport\lkm has a prumanool jl/aoo or bu&'Jl0$S in Ct'4fornla if ii is organ!1ou !ind etsli119 un� 1M Irma of llli$ state or, , a !Qrelgn oorporauon has qu�fted In l!$J\!MI rnvasl&l9 buslnm, J\ ocrporotloo tl!al has nol q;,alified to ltanseol lnlre&!e!o business (o.g., 11 .;o1poro!iM ongaged oxcMi\tely l:'I lnlersllllo COffffi(lfOO) wJI bo romldored as havl'lg a p«manonl i:!aco of tus'ness h lhls 1it.ala ,mly if it r11anlal1s a p1;11mi111Snl ofb In tnls slat11 lilal Is pe1mo11enff)' sta!fed by ils empwees,
fOI lndlvlduals/1010 prop!lolors, 1h11 lorm 'rosl:!ont' in<Judos o•tery fndMdual v,flo Is In C/lllfomla tQf o!lter IIM!n a tempotruy or ffansltol)' PUlfl0$CI and ony !�\'�81 �£(:d In Cohl'omia who Is 000001 for a l�r11p«ery OI lf811SI� pu1pc»o, GaMta!ly, tin lndMdual who C41118$ 16 cav.«nla ror a pu,pose, "tiloh vt111 ex!�d ow�r a big °' tidoril'lllG f)Gflod, 1•,ill be oonskiered a res!dent. However, a, lndMd118! who comes lo porform a pa1tei;lar contract or sllotl d'Jrat.oo wm t-e 0011$.lde.-ed a N)nr,e�fdQlll.
For \\id1hoi,Jln9 p11rl)Oses, a partner&hlp 1$ w,s.i(kfoil a resldool parlncnhlp If it bas a i:ermMent p!aoo of ooslnesa in (lallori'lia An eMalo Is oomido1od a Ca'itom!a os!alo II !118 decedent Wll8 a Galifom!a 1e1k!ent at Illa llmo of doalh and a 1tu1I Is cor,sldc,rod a Ca�forria 11\ls! If at lea$! Oil truSIO0 Is a COU/otrlla IOS!dolll.
More tnformaion on fff!d$00}' slllt11s ca., ti& obla"led by c,m119 lho Frnr,clirse Ta:o: Boord al the comber, f.sled bofow;
r rom l\ilhLI'I 1h11 United Slakls, call ......... 1-800 852--5711 tlO!n 0111$118 Iha Un!� St.ales, tall _.,,..1�16-SM,6WO Fr¢m hoafn9 lillpAfrod Viilll TOO, Gall ..... 1·80CI-S:l2·6008 ME YOU SUBJECT TO NONRESJOl:NT WITHHOLDING?
Pa,n1e111s Jl'.a® !o r:ooresldilnl vendors, incllt(Jng oorpvBl'oos, 1hdiv!dtial-s, pa1111arahips, utahls and trusts. i!l'O sut{ecl to \\ilhlloldlr.g �,,1.1!ldanl Wndot$ peifoto11!1g fllrvi:'.os In CmtrrJa or rw:ilvlng ronl lease or ,o-µil!y pa)m&nfs from propeily (r�I er p,m�,ai, lrxalcd In califomla o, reoal't"11g re.ii, re.so or roy� payment, ttom ptoteri, (roll! or p«oo11i1I) !coaled in CeNlomia wll h1we 7% of !heir t4!$I payme11l$ \\lt1'J1eld !QI stalo ir.()(lffift li>:e1. ttowew:r. no v.ililhollf.o9 IS 1&q111ted II IOlt!l paymenla fO lh8 vendo.r are $1500 o, 18ss for lhe oo!endar yea,.
A n0l\l'i:$'.<le11l vend!:( Mlt:t' reque,l 11);11 incioma t.axe$ � l�ilhhold al ll l:me1 rate or wave.I by sending a oompleW rorm FTB 008 Ill lll8 i!dd!oss fslad be:ow. A \'IJh.'llr wll g,merally Ile g1anled \\hell a vanc« ltas a hli!Oq of ffmg c.ilbnla mtumfl nlld making t'.meiy esUmaled ftli)'il'IM�. Ii tho vanoor aclMly Is carllcd en ootsldo of co.trom!a oi parl!'llly culside of Ctllilornlil, a 'llil,'ver or u1d11� �itb!\OldklQ rato may oo granto::I, f« mwe lnfOrmt'llion, cx:;11�1
Franchlso Tax Boatd
1 ;1.Alhhdd al Solltco Unit
Alli!illion: S,Ji!il AgMcy Wilhlddtfl(l Cootdlnalo!
P.O.!lox�I
$$Cramento. CA 9S81?.-C651
Tole�ono: (916} 645-4900
l'AX: (916) 845·4331
If a rflluetd 19!0 of wllhholdlng or waiver hils bun au1horlt1d by tho Franchlso Tax Board, attach a copy to this. form.
PRIVACY STATEMENT
&;doll 7{b) of tbo Prl\l3(.-y .a.ct of 1974 (Pt.1:lic law 93-679t} reqlilH Illa! M)' lederi!l, 41ale, c::r !coal gove,fll'(,e,iW !l(lll!ICy \lhleh requesls. sn fndMdlU!I to
4.so.'oso hi� soclal $OWtily a:rount numbl.lr skal lnfom1 lilal 1fldltdual whether 1hal cllsdos:1re Is mandt'llory or volt.'fl!aiy, by which s!alulory ot Olltor a,thoiry s1:ch n111n!m1 Is sllllci<ed, fflld whal U$ll$1'111 bo mado of II.
The Stale of Celilomla requl1es Iba! al parties en!efl119 lnlo busl00$� lr1111Sl1�$ ll\al mt1f load lopaymcnl(ti) from lllo Slllte must �ovkJo lholr Tmi-payer ldentilic.lDJ Nlilllw. (T'tl} os requifed by the S!a!a Roveilue an:I Ta:r.6f¢1'l Co.I�. SE¢lion 18646 lo �l"ila!e l3X Cilmpllall(8 enfot01ir.onl actiwles and to fact:Rato !ho pre.1>3ra100 of Form 1000 end oter intrmaiton relll!llS as reqarred b;• tile Internal Re\·inue Code, SGct�'l 6t0II. The llN tor lndlvfd'.ial and 0010 prapdotcishlps 1-S ti'.o Soo:la! Sec�tlf nlillloor fSSN).
II i$ mand11tc;1y lo lumis-ll lhe 11irc1malio.1 requesMd. �Mer$! !r1w requ!res 111a1 payments for v.'l>.!cll lho roqJH!oo lnformallon Is nol provldoo be sub;ol to a J 1 % 1w.N101.liog end slale raw Imposes noncomplla1ce peatdoos of up lo $20,000.
You havo IM r�ht ,� 2.a:ou ,ooords t4'1la-'.iln9 ,our personal lnfol'malfon, steh as yqur SSN. To exe.{c!So Ulat rlghl, p/el'l$8 OO!lle.q! lhe 1-.uslrl&SS 1,al\lic&$ unit or Uio sew.in ls 1m�bla un:1 of :Ila slata ggcnC)1tos) w�h \\tilch i'1lU tr.msaolllus!lloss. 35 Proposal Prepared for:
City of Stanton
FY13-14 Citywide Tree Trimming & Removals
September 25, 2013
Provided By
Great Scott Tree Service, Inc.
Meeting tree service needs In Southern Callfornla since 1976 ... We know trees, Contact
Brenton Beller: Contract Administrator
Tel: 714.826.1750 (Ext: 315)
bbe.llel'[email protected]
10761 Cornie Avenue • Stanton, CA 90680
wvvw.gstsinc.com • Tel: 714.826.1750 • Fax: 714.826.1753
TABLE OF CONTENTS
Section Page Description
Title Page
Table of Contents
1 1-27 Bid Submittal Requirements
1 Bid Proposal
2 Bid Sheet
6 b?formation Required of Bidder
10 References
14 Designation of Sureties
15 Acknowledgement o.f Addenda
16 industrial Safety Record
19 Non-Collusion Affi1davil
21 List of Subcontractors
22 Bid Bond
27 Pre-Bid Sile Inspection Cert.
2 28-35 Additional Company Information
3 36 Construction Manager Resume
4 37 Contractors License
5 38 Proof of Insurance
BID PROPOSAL
Bidders Name Great Scott Tree S�rv.ic�,._.lnc..__
TO THE HONORABLE MAYOR AND CITY COUNCU, OF THE CITY OF STANTON:
The undersigned, as bidder, declares that: (I )-this pro11osal is made without collusion with any other person, fim1 or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non-Collusion Affidavit; (2)-bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and infonnation furnished therefore and the site of the proposed work; and (3)-bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished.
Furthennore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF STANTON, to perfom1 said proposed work in accordance with the Plans, if any, and the tenns of the Specifications, in the time and manner therein prescribed, and lo furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be fomished or provided under the tenns of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein.
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all conslrnction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year p1ior lo the date of bid submittal. Separate infonnation shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional infonnation or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached.
Accompanying this proposal is Bid Bond (Insert "cash", "a Cashier's Check", "a certified check", or "a Bidder's Bond in the fonn furnished by the City", as the case may be) in the amount of$_$5,500.00 , an amount equal to at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into u Contract and provide the required evidence of insurance and bonds within fourteen (14) calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section -20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to detcnnine.
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to fomish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which arc on file in the office of the City Engineer of the CITY OF ST ANTON, to the satisfaction and under the direction of the Director of Public Works. at the following prices:
9 BID SHEET
FY13-14 CITYWIDE TREE TRII\1MING AND REMOVAL
SERVICES
BIDDERS NAME: Great Scott Tree Service, Inc.
PRINT or Type
Item No. Descl'iption Quantity Units Unit Price Total
1 FULLTRIM.
lA XX Large: 28.S" DBH & up 10 EA $99.00 $990.00
lB X Large: 16.5'' to 28" DBH 100 EA $89.00 $8 900.00
lC Large: 8.5" to 16" DBH 220 EA $69.00 $15,180.00
1D Medium: 4.5" to 8" DBH 350 EA $49.00 $17,150.00
lE Small: 2.5 " to 4" DB 100 EA $20.00 $2 000.00
1F X Small: 2" DBH or less 5 EA $9.00 $45.00
2 RAISING
2A XX Large: 28.5" DBH & up I EA -142..00 $49.00
2B X Large: 16.S" to 28" DBH ! EA $44 00 $44.00
2C Large; 8.5" to 16" DBH 1 EA $29.00 $29,00
2D Medium: 4.5 to 8" DBH 1 EA $19.00 $19.00
2E Small: 2.5" to 4" DBH 1 EA $14 (l(l Ji14.00
2F X Small: 2" DBH or Less I EA �() ()() $9.00
3 FULL TREE REMOVAL
3A XX Large: 28.5" DBH & up I EA $195.00 $ 1 ()-<j ()(l 3B X Large: 16.5" to 28" DBH 5 EA $195.00 $975.00
3C Large: 8.5'' to 16" DBH 5 EA $145.00 $725.00
3D Medium: 4.5" to 8" DBH l EA $65,00 $65.00
3E Small: 2.5'' to 4" DBH I EA $25.00 $25.�Qn
3F X Small: 2" DBH or less l EA $15.00 $1.'i 00
4 PALMTRIM
5A Phoenix canarensis 8.5 fl. clear wood & up I EA $85.00 $85.00 5B Phoenix canarensis 8 ft. clear wood & down I EA $35.00 $35.00 SC Queen•Mexican Fan• Windmill.King-Other 150 EA 8.5 ft. clear wood & up $35.00 $5,250.00 51) Queen-Mexican Fan•Windmill-King-Other 30 EA 8ft. clear wood &b down $25.00 $750.00 5 PALM REMOVAL
6A Phoenix canarensis 8.5 clear wood & up I EA $95.00 $9500 6B Phoenix canarensis 8 ft. clear wood & down I EA $55.00 $55.00 6C Queen~Mexican Fan-Windmill-King-Other 1-------~------.,..---,-~-,c,��- I EA 8.5 fl. clear wood & up $45.00 $45.00
6D Queen-Mexican Fan-Windmill-King-Other I EA 8 ft. clear wood & down $45.00 $45.00 6DAYRATE
7A Miscellaneous tree workiclean ups I DA_YS I $515,00 L Man $515.00 10 ·-•--,,
'
$ 53,304.00
Fifty-Three Thousand, Three Hundred and Four Dolla.
and Zero Cent.
NOTE. The City re.serves the right lo award a contract in parts or in ils entirety or for various alternates and rescn·es the right to reject all bids and re-advertise, as appears to be in its best interests of the City. A bid is rcquiml for this entire work. Ille estimated quantilies set forth in this Bid Sheet being solely for the pu.-pose of comparing bids, and final compensation under the Contract will be based upon the actual quantiti�s of work salisfoclmily completed. ll1e unit amllor lump sum prices bid shall include all appmtenanl expenses, taKcs, royalties. and fees. In the case of discrepancies in the amounts bid. unit prices shall govem over extended amounts, and words shall govern over figures. The City resen•es the riglll lo increase or decrease the amount of any quantity shown and lo delete any item from lhc Contract. 11 The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents.
The undersigned bidder the shall possess a valid State of California Contractor's License in the classification ofC-61/ D-49, "Tree Service," in full force and effect at the time ofbid submission, in accordance with Section 7028.15 of the Business and Professions Code. (REQUIRED AT TIME OF A WARD).
Legal Business Name of Bidder Great Scott Tree Service, Inc.
Business Address 10761 Court Ave. Stant�n, CA 90680
Business Tel. No. ? l 4-S26-17 SO
, Signature deo _r·-,:f::J�/4-• ff"J-_· __
Date
09_-2_4_-1_3 _____ Pr_·es_id_en_t
Title
----- �- Sigt;� 09-24-13 CEO
Date Title
Signature Date Title
If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership�joint vcnnirc must be provided, followed by signatures of all of the pai1nersljoiut ventures or of fewer drnn all of the partners/joint ventures if submitted with evidence of authority lo act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretllry or Assistant Secretary, and the corporate seal, Signatures of partners, joint ventures, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint ventures, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrnmcnt pursuant to its bylaws or a resolution of its Board of Directors. 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�������'®�����'®.����«�'<k-�������
STATE OF CALIFORNIA
County of _0"'-"-'ra'"'"n""'g'"'"e _______________ � }
On 09/24/2013 before me, Brenton Beller. Notary Public
Date Here Insert Name and Tille of the Olficer
personally appeared Scott P. Griffiths & Jacob T. Griffiths -------------------------------------------------------------:0 Name(s) of Signer(s) Commission# 1975225
Notary Public - California ,. Orange County -
• i �oT"l· [Xtlrt
s be! t
5-JV�I
Place Notary Seal Above
-------------------
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that he.lshe/they executed the same in his/her/their authorized capacity(ies), and that by hisiherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the Slate of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature 2(5 Z 6.al�
Signature of Notary Public
--------------OPTTONAL-----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:_B_id_P_ro_p_o_s_al _________________________ _ Document Date: ___________________ Number of Pages:_4 _______ _ Signer{s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:_S_c_ot_t _P_. G_n_·ffi_1t_h_s _______ _
□ Individual
� Corporate Officer -Title(s):_P_re_s_id_e_nt _____ _
D Partner - D Limited O General
D Attorney in Fact
D Trustee
D Guardian or Conservator
□ Other: _______
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: Jacob T. Griffiths
0 Individual
Gr Corporate Officer -Tille(s): Secretary & CEO
D Partner - D limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: -------
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the following infornrntion is trne and correct:
Name of individual Contractor, Company or Corporation:
Business Address: 10761 Court Avenue, Stanton, CA 90680 .. �--------�
Telephone and Fax Number: Tel: 714-826-17 50 Fax: 714-826-115_. ________ _ California State Contractor's License No. and Class: 5.5.fi8.32 C6] /049, C27 (REQUIRED AT TIME OF AWARD)
Original Date Issued: Expiration Date:---=0=2�-2=8�-�2=0�1�5�-- ------------- List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals, finn members, partners, joint ventures, and company or corvorate officers having a principal interest in this proposal:
Name Title Address Telephone
Scott P. Griffiths
Jacob T. Griffiths
President
CEO
10761 Court A�Ye=·---�2�1 4�-=82=6�-�17�5=O
10761 Court Ave. 714-826-1750
Corporation organized under the laws of the State of �C�a-li�fo�1�·1�1i�a --------�----� The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
NIA
13 All current and prior D.B.A. 's, aliases, and fictitious business names for any principal having interest in this proposal are as follows:
A
For all arbitrations, lawsuits, settlements or the like (in or out of court} you have been involved in with project owners {public agencies, private companies, etc ... ) in the past five years (Attach additional Sheets if necessary) provide:
Provide the names, addresses and telephone numbers ofthe parties; . San Diego Unified School Distri.c,.�------------------ t Graham Champjon, Labor CompJiance Sun�e1�1,�,i�s0�1_· _____________ _ AB.filLRuffneJ.:__St. San Diego, CA 92111
858-746-8005
Briefly summarize the parties' claims and defenses;
A labor class rat�sJn.disJ:mte_wl1ich.has_si,,..n""ce..,_,_,h,..e,.,e.1LL1 -"re .... s.no,..h_._,e..,d...__ ________ _ State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome.
Department oflndustrial Relations 11-0179-PWH, 11-0181-:e:w:=H�------- Have you ever had a contract tenninated by the owner/agency? If so, explain.
Have you ever failed to complete a project? If so, explain.
J:foo..-------------------------------------
Have you ever been tenninated for cause and then had it converted to a "tennination of convenience"? If so, explain.
No
For any projects you have been involved with in the last 5 years did you have any claims or actions:
Circle One
I. By you against the owner?
Yest@v
2. By the owner against you?
Yes.@
3. By any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc .. )
4. �/No
4. By Subcontractors (Stop Notices. etc.)
14 Yes,@
5. Are any claims or actions unresolved or outstanding? Yes /No lfycs to any of the above, explain. (Attach additional sheets, if necessary) __ Wr; had a labor compliance dispute, which ha_s_since been resolved with SDUSD�-- Failme of the bidder to provide ALL requested infonnation in a complete and accurate manner may be considered non-responsive.
Subscribed and sworn to before me By
This 24th day of September, 20�13�--
(Signature of Notary Republic)
(SEAL}
(Date}
15 (print name of Owner or
Preside1 ofCorporation/Company) ,..
President
(Title)
09-24-13
"?- _-2 1/"
�
(Signature of Secretary of Corporation)
CALIFORNIA ALL .. PURPOSE ACKNOWLEDGMENT
������"'«-��'®���"®���������"Q<;.'@,>'@,;.��������:,;g
STATE OF CALIFORNIA
County of _O=---c..=racc.;n"'gc:;.e ________________ }
On 09/24/2013 before me, Brenton Beller. Notary Public
Date Here fnserl Name and Title of the Officer
personally appeared Scott P. Griffiths & Jacob T. Griffiths-------------- Name(sJ of Signer(s)
-----------o
BRENTON SAMI BELLER
Commission # 1975225
:!& Notary Publlc • Callfornla � z Orange County _.
t • � • e .
Ml�0vrz· Pe1re
s:p1 L
5}&1 :l
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ts/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his,'her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature £ ��-.;($&)_,
Signature of Notary Public
----------- OPTIONAL-----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Information Required of Bidder Document Date: ___________________ Number of Pages:_3 _______ _ Signer(s} Other Than Named Above: _________________________ _ Capacity(les) Claimed by Signer(s)
Signer's Name:_S_co_t_t _P_. G_r_iffi_1t_hs ________ _
D Individual
� Corporate Officer -Title(s}:_P_re_s_ld_e_nt _____ _
D Partner - D limited D General
0 Attorney in Fact
D Trustee
D Guardian or Conservator
□ Other: _______
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: Jacob T. Griffiths
D Individual
� Corporate Officer -Title(s): Secretary & CEO
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: -------
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
REFERENCES
(Contractor must use this form!!! Please print or type).
Bidders Name Great Scott Tree Service Inc.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INI?ORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked 011 (or are currently working on) in the past 2 years in excess of$15,000, provide the following information:
Project Name/Number Agreement No._3_._,._->-L-----------�------- Project Description City Wide Tree Maintenance
Approximate Construction Dates From to �l...,0,.,__/=0=l /_.,,,2=0=0=9_-__,0=9'--'-/""-3""'0,.../2=0,_,1�4�---------� Agency Name _City.:_ofELSeg'"""-''-llL-------------------- Contact Person Mark Trujillo Telephone (31@ =52=--4�-=2�7 �16�---� Original Contract Amount $ 70,000 /yea.._· _____ _ Final Contract Amount$ 70,QQQ / year If final amount is different from original, please explain (change orders, extra work, etc.) NIA
Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Project Name/Number Maintenance SJ;,rv�1=· c�e�s�A-g""1�·e�e�m~e�n�t�------------- Projcct Description City Wide Tree.Mainte.1ia_n_ce _________________ � Approximate Construction Dates
Agency Name City of Seal Beach
Contact Person Ernest Area
Original Contract Amount $ 132,680
From 07/01/2013 to ___ML.30/2018
___ Telephone (56.l 5%-2778'-----
Final Contract Amount$ �N�/A�-----
16 If final amount is different from original, please explain (change orders, extra work, etc.) NIA
Did you file any claims against lhe Agency? Did the Agency file any claims against you/Conlractor? If yes, briefly explain and indicate outcome of claims.
No
Project Name/Number FY 11-12 Citywide T.re.tt.Irimming_aru:lR.emm�.__1 ..... S-erL.>vu.ic..,e ... s,_ __ _ Project Description . .Citywide Tree Maintenance
Approximate Construction Dates From 04/0I/2012
Agency Name City of Stanton
to _0_3/30/2012
Contact Person _Q__.,u=a=neg�L=e�---------- Telephone (714 __,_3_,__79-"-'_'---'9"'"2 ..... 2..... 2 ____ _ Original Contract Amount $�6=9 ... ,9�2=5�.0=0�--- Final Contract Amount $Ji�.._9""'16=·=0.,._0 ____ _ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Project Name/Number Tree Maintenance/Servic=e�A�gt~1!=e=n�1=e1=1t�------------ Project Description Citywide Tree Maintena=n=c=e�----------------- Approximate Constmction Dates From_08/0l/2011 to _fill3J12016 Agency Name ._City�o=f�W�e=s=tt=n=it=1s=t=e�r _____________________ _ Contact Person_ Todd Miller Telephone a 14 548-369-. .. ______ _ Original Contract Amount $.J.4.9,910.00 / Year Final Contract Amount$ _l.49,910.00 / Year l7
If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Project Name/Nim1ber Tree TrLnmling�kugre..enlJ..,_.._._,L__ ____________ _ Project Description Campus Wide Tree Maintenance Servic.e. ____________ _ Approximate Construction Dates From 08/11/2004 to 06/30/2016 Agency Name _ilniversity of Sou them California
Contact Person Eric ... Johnsnn ________ Telephonc (2 I 3� 7 �
4 �
0 �-�
2�
1 �4�1------�
Original Contract Amount $J_j_Q,000 / Year Final Contract Amount$ 150,000 /Yea�· __ _ If final amount is different from original, please explain (change orders, extra work, etc,) NIA
Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Project Name/Number .... C.0=1=1t=r=a=ct"'"'N"--'--"o=·�R=X�-�l 2=0=8�------------- Projecl Description Retail Prop�rty:fxee�"'M"'a-i�n=te""1...,1a._.n,..,.c"""e'---------------- Approximate Construction Dates From 07/01/2012 to 06/01/2015 Agency Name Irvine Company ___ -· �-�---- �---�-------�· Contact Person Liz Mckenna . ~ ___ Telephone !949 720�-=3�15=6�------- Original Contract Amount$ __32_5_,QQ0.Q_0 LY�a=1�· __ Final Contract Amount$ 325,000.00 / Year 18 If final amount is different from original, please explain (change orders, extra work, etc.) __NL_�_-----------------------
Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Upon request, the Contractor may be required to attach a financial statement and other information sufficiently comprehensive to pennit an appraisal of the Contractor's current financial conditions.
Attach to this Bid the expcl'icucc 1·csumc of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor.
See Section #3 "Constrnction Manager Resume"
19 DESIGNATION OF SURETIES
Bidders name Great Sc_ot.tTrestSend_ce _____ �
Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Bonding..(llid, Performance, & Labor/ Materia�-------------- Sullivan Curtis Monro_�.J_220 Main Street Suite 600, I1vine,_CA.22fil.__ _____ _ _ Rosa Rivas 949-852-4897
Insurance:
Marsh USA Inc., 600 Renaissance Center, Suite 2100, Detroit, MI 4824.�---- Stephanie Dusenbury. 313-393-6918
20 ACKNOWLEDGEMENT OF ADDENDA
Bidders name Great Scott Tree Seryice, ,_.!�D�G�-__ _
The bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Signature
None
21 CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Bidders Name Great Scott Tree Service, In_c....._ __ _
Record Last Five (5) Full Years
Current Year of Record
Current
Year of 2012 2011 2010 2009 2008 Total Year
Record
No. of contracts 579 655 554 636 673 614 3,711 618.5
Total dollar 4.lM 5.6M 5.5M �.9M l5.2M 4.lM 29.4M 4.9M Amount of Contracts (in
Thousands of$}
No. of fatalities 0 0 0 0 0 0 0 0
No. oflost
Workday 0 I 2 1 0 3 7 1.16
Cases
No. oflost
workday 0 0 0 cases 1 0 0 1 0.16
involving
pemianent
transfer to
another job or
termination of
employment
The infom1alion required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary--Occupational Injuries and Illnesses, OSHA No. 102.
Legal Business Name of Bidder Great Scott Tree Service, Inc.
Business Address: 10761 C01,),lt Ave., Stanton, CA 90680 Business Tel. No.
: _,_7....._l_,_4_,-8""2..,.6'--.._17.,,..5....,0"'------------- State Contractor's License No. and Classification: 556832 C61/D49, C27
Title Scott P. Griffiths. President
The above information was compiled from the records that are available lo me at this time am! I declare under penalty of perjury that the information is tme and accurate within the limitations of those records. 22 ,,/ '
(
'�) /) '
Signature of bidder .�lt)f;f-f-�- . .J.�, 4=·-··"------------------ Date 09-24-13 Title E. ·t1
s;gnaru« ofbi�=
Signaturc of bidder
Title ...cE�-------------------------
-------------------------------
Z==
Date ------------------------------- Tit I e ------------------------------- Signature of bidder ------------------------------- Date ------------------------------- Title If bidder is an individual, name and signature of individual must be provided, and, ifhe is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the parlnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signan1res of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join ventures, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint ventures, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
����������������'@;.��"""@��'@;;.<g(,<@.����'@,<@;i�'®"'®�
STATE OF CALIFORNIA
County of_O=-r:..::a"-'n""g-=-e ________________ }
On 09/24/2013 before me, Brenton Beller. Notary Public
Date Here Insert Name and TIiie of the Ollicer
personally appeared Scott P. Griffiths & Jacob T. Griffiths -----------------------------------------11 Name(s) of Signer(s)
TON SAMI SELLER
lsslon # 1915225
Public - Calflornia
range County
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person{s) whose name{s) ts/are subscribed to the within instrument and acknowledged to me that he,lsl:lelthey executed the same in l'lis.1her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
�
itness my ��-
d and �Hi
c
!
al se�
. �:1)
Signature ??:2 .. � /�--
Signature of Notary Public
OPTTONAL-----------
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Description of Attached Document
Title or Type of Document: Contractor's Industrial Safety Record Document Date: ___________________ Number of Pages:...;;2;;.__ ______ _ Signer(s} Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:_S_co_t_t P_._G_r_iffi_1t_hs ________ _
0 Individual
Qf Corporate Officer -Title(s):_P_re_s_id_e_nl _____ _
D Partner - D limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
0 Olher: ______ _
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: Jacob T. Griffiths
D Individual
Gil' Corporate omcer-Title(s): Secretary & CEO
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: -------
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
NON-COLLUSION AFFIDAVIT
( TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
State ofCalifomia
County of --�---- Orange
)SS.
)
)
.St.PU P. Griffiths , being first duly swam, deposes and says that he or she is President_·--·-··-·--··-·~-···--··� ofGSTS'-------..------ , the party making the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; tbat the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of tbe bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid arc true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infonnation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
FY 13-14 Citywide Tree Trimming and Removal Services
Project Name:
Great Scott Tree Service Inc.
Legal Business Name of Bidder
10761 Court Ave. Stanton CA 90680
Business Address
714-826-1750
Bt;.2:ess T J.: __ � _ __t:,,-
- Signature of bidder
President
Title
0 Title
09-24-13
Date:
Subi;cribed and Sworn to before me on
(Notary Seal) Signature
24 Notary Public
CALIFORNIA ALL .. PURPOSE ACKNOWLEDGMENT
����������������"@..,����������'®�"'G
STATE OF CALIFORNIA
County of_O:::..;_:rac:.:..n:.wgc::.e ________________ } On 09/24/2013 before me, Brenton Beller, Notary Public
Date Here Insert Name and Title of Iha Officer
personally appeared Scott P. Griffiths & Jacob T. Griffiths--� Name(s) of Signer(s)
,-�---------------------11
-----------------------------....................... -----------------------�--......... ___________________________________ Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that he/.shs!they executed the same in his/f:lef/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature :t.:::) .........-----:---z:f' 6/Z[2_
Signatu1e of Notary Public
------------OPTTONAL------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _N_o _n_-C_ o_l_lu_s_i o_n_A_ffi_1d_a_v_it ______________________ _ Document Date: ___________________ Number of Pages:_1 _______ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name:_S_c_ot_t _P_. G_r_iffi_1t_hs ________ _
D Individual
[itf Corporate Officer-Title(s):_P_re_s_id_e_
nt _____ _
D Partner - D limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
□ Other: _______
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: Jacob T. Griffiths
0 Individual
!il Corporate Officer -Title(s): Secretary & CEO
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: -------
Signer Is Representing:
RIGHT TH UM SPRINT
OF SIGNER
Top of thumb here
LIST OF SUBCONTRACTORS
TO ACCOMPANY PROPOSAL
In compliance with the provisions of Public Contract Code Section-4104, the undersigned bidder submitting lhis bid proposal sets forth the name, place of business and the portion of the work to be perfonncd by: (1)-each subcontractor who will perfom1 work or labor or render service to the bidder (as general contractor) in or about the construction of the work or improvement; and (2)-each subcontractor licensed by the State of California who, under subcontract to the bidder, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one-half of one percent of the bidder's total bid.
Subcontractor's Name, Address, Bid Percent Description of Work Percent of Telephone# Item OfTotal TotalBid
Number Bid
NIA
25 Bond No. ----N/A �-- Bond Premium .�//\ __
BID BOND
TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY TllESE PRESENTS that:
\VHEREAS the City or Stanton, hm; issued an invitation for bids for the work descrilJl�d as follows:
__ __ FY13-14 City\.,!de .Jree Trimming and Removal Services WHERFAS ___ G=reat Scott Tree Sery:i,i:::_�.'-- Inc.
______ .lQ76L Court Avenue
______ _,
tanton,------CA-----S0..68.0-······-·-----··--···-
( Name and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California l'ubh,: Contract Code lo furnish a form of bidder's security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and _Berkley 13:�gional Insurance Company (Name and address or Surety)
("Surety") a duly admitted surely insurer under the laws of the State of California, as Surely. are held and finnly bound unto the Public Agency in the penal sum of Ten Percent of_the Total Bid Amount -·· ··-· ·· - ······ ·······----------···-·
Dollars($10%--------------------------), being not less than ten percent (10%) of the total hid price, in lawfol money of the United States or America, for the payment of which sum well and lnily to be made, we bind ourselves, our heirs, executors, administrntors, successors. and assigns, jointly anti severally. finnly hy these presents,
Tlm CONOJTION Of TillS OBLIGATION I8 SIJCH TIIAT. if the hereby bounded Principal is awarded a contrnct for the work by the Public Agency and, within the- time and in the manner required by the bidding specification.�, enters into the written form of contrncl included with bidding specifications. furnishes the required bonds, one to guanmtee faithful performance and !he other to guarantee payment for labor and materials. and furnishes the required inwrance covcrnge. then this obligation shall bernrne null and void: otherwise, it shall be and remain in foll force and effect.
In case sllil is bro11gh1 upon this bond. Smety further agrees to pay all court nlsls inc\11Tcd by the Public Agency in the suit and reasonable attorneys' li.�cs in an amount tixed by thl' court. Smcty hereby waives the provisions of Californill Civil Code� 2845.
11 If awarded the contract, the term of the performance and payment bond is for a period of one (1) year and the Surety may extend the bond by Continuation Certificate. 11
IN WITNESS \VHmlEOF, this insfrnmcnt has been duly executed hy l'ri.m;ipal and Surety, on the date set forth below, the name of each corporate party being hcrclO affixed and thc.sc presents duly signed by its undersigned rcpresen(alive(s) pursuant to authority of its governing body.
Dated: _§�ptember 23 1 2013
"Principal"
Great Scott 'J,'l'.'�e Service,
13y:
Hy:
Surety"
Berkley Regional Insurance
Company
Rosa ___ E.--RLv:as_,-At.torney- In- Fae t
lts
(Seal}
Note: ThL'i bm1d must he dated, all signatures musl be notarized, and evidence of the authority of any person si:�1,L"'F a!. nltome:v• ln-facl must he attached.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�'1%����������'@:,���������'®''@J.�������'®�
STATE OF CALIFORNIA
County of _O=--r=---=a:..:..:n=g.::ce ________________ } On 09/24/2013 before me, Brenton Beller, Notary Public
Date Here Insert Name andTiUe ol lhe omcer
personally appeared Scott P. Griffiths & Jacob T. Griffiths------- Name(s) of Signer(s)
---
-
---o
------------------------------------------------------------------------------------�-................. -..... ..
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in l=lislher/their authorized capacity(ies), and that by histher/their signature(s} on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
4:z5� . ..-::;•·;,;_ ,_ :;.e. Signature L ,,)_.,.A.._,.- �--� Signature of Notary Public
------------OPTTONAL-----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: .=B:..:.:id,:,._c:;B""'o'-"'-nd;,:;.__ __________________________ _ Document Date: ___________________ Number of Pages:..::2c_ ______ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Scott P. Griffiths
0 Individual
G.-i' Corporate Officer -Title(s):_P_re_s_id_e_nt _____ _ D Partner - D Limited O General
D Attorney in Fact
D Trustee
D Guardian or Conservator
0 Other: ______ _
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: Jacob T. Griffiths
D Individual
G( Corporate Officer -Title(s): Secretary & CEO
D Partner - D Limited D General
D Attorney in Fact
D Trustee
0 Guardian or Conservator
0 Other: -------
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�'Q<;.���'®�����"'Qt���'<X,�'@;,����-'Q(,�'Q(.;�'%����������-G
STATE OF CALIFORNIA
County of _O_r_a_n_g_e ________________ }
On 09/23/13 before me, E. Garibay. Notary Public
Dale Here lnser! Name and Tille of the Officer
personally appeared Rosa E. Rivas------------------------------ Name{s) of Signer{s)
Place Nolary Seal Above
who proved to me on the basis of satisfactory evidence to be the person{s)-whose name(.s-) is/are-subscribed lo the within instrument and acknowledged to me thatjl01she/they executed the same in 1Jj51fler/tpetr authorized capacity(� and that by t)i-s'/her/tl}eifsignature(.s} on the instrument the person(s), or the entity upon behalf of which the person,(8] acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official &._eat--
·�---+-·--
Signature __ __,.------,------...,,,,,=-\--F------,.�-- s19natu re of Nolary Public
------------OPTIONAL------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _____________________________ _ Document Date: ___________________ Number of Pages: _______ _ Slgner(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _____________ _
□ Individual
□ Corporate Officer - Title(s): ________
D Partner - D Limited D General
@ Attorney in Fact
D Trustee
D Guardian or Conservator
D Olher: ______ _
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____________ _
0 Individual
D Corporate Officer -Ti!le(s):,___ ______ _
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
0 Other: ______ _
Signer Is Representing:
AIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
.,
No. 568
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMP ANY (the "Company"), a coiporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Euge11e T. Zo11dlo, Edith GaribaJ• or Rosa E. Rivas of Sulliva11 C11rtis,Mo11roe I11s11ra11ce Services, LLC of Irville, CA Oj its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and \) deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation /; shall exceed Thirty Million and 00/100 Dollars ($30,000,000,00), to the same extent as if such bonds had been duly executed and '.,l
·.,1
acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretysbip obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and ftuiher
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or ·other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and fu11her
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shaU have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate ser.l hereunto affixed this ..Sday of � , 2009.
Attest: ;::::,,-_.:________ Berkley ��
al 2furance Company
(Seal) By__________ By µt:F/U
Ira S. Ledennan Robert P. Cole
Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this _E_ day of \"i� , 2009, by Robert P. Cole and Ira S. Lede1man who are sworn to me to be the Senior Vice President, and the Senior VfoePrisfdent and Secretary, respectively, of Berkley Regional Insurance Company.
. e:,E:N Q<tt .. LE'..E'..Wi d , i:::a .. · :&ai" pu.ar.rc , . CO'�I .
0 s1iON EY.Plf\ESJU'.
�ESO, 20' 2 Notary
c_-Utk½v
Public, State of
l�
Connecticut
rt.V M ..
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMP ANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of�1 d�te.
Given under my hand and seal of the Company, this __ r_day of September 1 �� ��--· ,2013 Instructions for Inquiries and Notices Under the Bond AUached to This Power Berkley Surety Gnrnp1 LLC is the affiliated underwriting mimagcr for the surety business of: Acadia Insurnnce Company, Berkley formnmcc Company, Berkley Regional Insunmcc Company, Carolhrn Casualty Insurance Company, Union Sfamlard fosunrnce Company, Continental \Vcskrn humnrnce Company, and Union Immnrncc Company.
To verify tlrn autb{\Htkity of the bond, please caH (866) 768-3534 or email [email protected] Any wriUe11 notices, inquiries, claims or denumds to the surety on the bond to which this Rider is attached should be directed to:
Berkley Surety Group, LLC
412 Mount Kemble Avenue
Suite 310N
Morristown, NJ 07960
AHenthm: Surety Claims nepnrtment
Or
email [email protected]
Please include with all 1wticmi the bond number and the mmu, of the principal on the bond. \Vhern a claim is being asserted, please set forth generally Hie basis of the claim. fo the case of a payment or performance bond, please identify the project lo which the bond pertains. •,
PREBID SITE INSPECTION CERTIFICATION
The bidder hereby certifies that he/she and his/her subcontractors have inspected the site and related specifications of work and fully acquainted themselves with all conditions and matters which might in any way affect the work, time of completion or the cost thereof, including, but not limited to scheduling and disclosed outside Contracts involving this work.
The bidder also certifies he/she lias observed the designated Contractor work areas and access routes, if disclosed or shown, as part of work in this Contract.
BIDDER:
Great Scott Tree Service, Inc.
Date: 09-24-13
Persons who inspected site of the proposed work for your firm:
Name Scott P. Griffiths
Title President
Name ____________ _ Date oflnspection�----------
Title ____________ _
28 City of Stanton: Tree Trimming & Removals Section 2: Additional Company Information Tree Maintenance Experience
Over the past 37 years Great Scott Tree Service
has developed an excellent reputation for
customer service and quality tree service in the
tree service industry. Great Scott Tree Service
has been a key member of the Southern
California and Los Angeles tree maintenance
industry since 1976. Great Scott Tree Service,
Inc. was established in California in 1988 and
,ve have been located at our current address for
over 26 years. Our service area ranges from
Ventura to San Diego. Servicing over 1200
projects we pride ourselves on high quality,
professional tree service at a competitive price.
Over the last l O years we have dedicated ourselves to the same success in the Municipal maintenance market. Below is a sample listing of some of our larger contracts:
Sample List- Municipalities
• City of Carmel Valley
• City of Carson
• City of Chula Vista
• City of Compton
• City of Cypress
• City of El Monte
• City of El Segundo
• City of Lake Arrowhead
• City of Rosemead
• City of San Diego
• City of Seal Beach
Sample List - Schools
• Bellflower USD
• City of Stanton
• City of Westminster
• City of West Hollywood
• County of Orange
• County of San Diego
• City of San Diego
Metropolitan Waste
Water Division
• Department of
Transportation
• Golden State Water
• California State University at Long Beach
• Golden West College
• Long Beach USD
• Mount Saint Mary's College
• Paramount USD
• University of California at Irvine
• University of Southern California
Great Scott Tree Service, Inc.9/25/2013
• Irvine Ranch Water
District
• Juanita Water Site
• QC Water District
• QC Transp011ation
Autority
• Laguna Heights Recycled
Water Reservoir
• Moulton Niguel Water
District
Sample List - Commercial
• Arden
• BRE Properties
• CBRE
• Irvine Company
• Kaiser Permanente
• MeritPM
• QptimumPM
• PCM
28 City of Stanton: Tree Trimming & Removals Section 2: Additional Company Information Annual Maintenance Program
Project Planning - Prior to commencing work on this project we will set up a pre-job meeting to review contract specifications and determine a schedule at the customer's request.
GSTS will submit a work schedule based on the City's annual pruning requirements, removal & replacement program and planting projects, recommended annual work plari, daily work schedules, personnel and vehicles that will be required to complete the annual maintenance program. All work will be completed in a timely manner.
Supervision - GSTS will provide competent working supervisors at eachjobsite at all times when work is being performed. Each supervisor will be capable of communicating effectively both in written and oral English and wi11 hold the necessary certifications or credentials as described for that position. A Project Manager will be available by telephone on a 24-hour to provide direct and prompt attention to requests from City for emergency and after-hours tree service requests.
Personnel - GSTS will provide sufficient personnel qualified by reason of education, training and experience to discharge the services agreed. GSTS is committed to providing service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the contract.
All employees of GSTS performing services will be dressed in clean, unaltered uniforms with suitable company identification. No portion of the uniform will be removed while working.
Employees not in uniform shall be immediately removed from the work area. GSTS shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform in the field. GSTS employees shall wear orange safety vests when operating machinery or/or while working within five hundred (500) feet of moving traffic. GSTS employees shaH hold the following minimum requirements, skills, abilities and knowledge:
a. The proper license to operate equipment.
b. Ability to operate and maintain equipment in accordance with the manuft1cturer 's recommendations.
c. A1echanical ability to make required operator adjustments to the equipment being used. d. Knowledgeable of sc!fely regulations as they relate to tree care and traffic control. e. American Red Cross Standard First A id Certf/ication (ndnimum of one member of each cren1.
f. Ability to communicate orally and in writing in English. g. Demonstrated knowledge of tree care and related operations.
Equipment - Great Scott Tree Service, Inc. owns modern fleets of state of the art tree care equipment. Many of our competitors are under-staffed and ill equipped to handle a project of this magnitude, resulting in a lower quality of service. Great Scott Tree Service, Inc owns all equipment that will be used for your project.
• 1 7 Dump Trucks • 17 Chippers
• 11 Aerial Lifts • 3 Trailers
• I Roll-off Trucks • 5 Stump Grinders
• 1 Water Truck • 3 Tractors
• 16 Crew Trncks • I Gator Utility Vehicle
Great Scott Tree Service, Inc.9/25/2013
• 4 Sales Vehicles
• 3 Arrow boards + Traffic
Control Equipment
• Climbing & Safety
Equipment
29 City of Stanton: Tree Trimming & Removals Section 2: Additional Company Information Emergencies - GSTS will provide available staff to respond to tree related emergency situations during normal business hours of operation, after�hours, weekends and holidays. ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days.
Response times will be as follows:
a. Telephone responses shall be made within (30).fifteen minutes of the initial call. b. The response time for a crew to arrive on-site within normal business hours shall be lhirly (30) minutes.
c. The response lime for a crew to arrive on-site outside of normal business hours of operation is two (1) hour.
Equipment Safety - GSTS will conduct all work outJined in the contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all person, including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property.
Traffic Control - GSTS will be responsible for traffic control and safety regulations as related to any city, state or county requirements while working on medians and/or roads. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines. All operations will be conducted by the Contractor to provide maximum safety for the public according to the most recent edition of the Work Area T,·affic Control Handbook.
Utilities - GSTS shall recognize the rights of utility companies within the public right of way and their need to maintain and repair their facilities. GSTS shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from performing maintenance during a specified time frame. No additional compensation will be allowed for complying with these requirements. GSTS shall notify the City Arborist of any utility that is disturbed or damaged.
Inspections - GSTS understands that all work shall be completed to the satisfaction of and under the supervision of the City Arborist or designated representative. Inspection of work will be done by the City Arborist and staff, during the performance of work or when deemed necessary. The City Arborist has the right and authority to retain the work, but he may make such deductions in the payment due the Contractor as may be just and reasonable. Any work which is defective or deficient in any of the requirements of the specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at its own expense.
All equipment used and all maintenance practices employed shall be subject to the inspection of the City Arborist or designated representative and shall meet safety and functional requirements described herein. All vehicles and equipment operating under this contract shall be properly marked with company identification. All equipment must be maintained in a good state of repair.
All safety guards shall be in place. No equipment shall leak oil or fluids. No equipment shall present any potential danger to the operator, co-workers, passing motorists or pedestrians.
Great Scott Tree Service, Inc. 9/25/2013 30
City of Stanton: Tree Trimming & Removals Section 2: Additional Company Information City Quality Control - The City Arborist and/or his/her authorized representative shall at all times have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials used and employed in the work. Whenever the GSTS varies the period during which work is carried out, they shall give advanced notice to the City Arborist. Any inspection of work shall not relieve GSTS of any obligations to fulfill the contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the City Arborist.
Sqfety Signage - GSTS will display standardized warning signage when controlling traffic around any area used for staging or working in any area that is subject to pedestrian or vehicular traffic. At no time shall traffic be permitted to enter, or operations allowed to carry on, within any work zone that presents a dangernus condition to pedestrian and/or vehicular traffic.
Clean Up - Upon completion of work on individual street segments that are under the contract, Contractor shall clean the work site and all grounds adjacent to the work area of all rubbish, excess materials and equipment. All sections of the work area shall be left in a neat and presentable condition. Care should be taken to prevent spillage on streets over which work or hauling is done, and any such spillage or debris deposited on street due to Contractor operations shall be immediately cleaned up.
Staging - GSTS will refrain from the Overnight parking of equipment, leaving unattended debris and staging of materials on City streets. Waste bins will be removed from individual street segments once the work has been completed.
Public Relations - GSTS will endeavor to maintain good public relations at all times with the public. All work shall be conducted in a manner which will cause the least possible interference with or annoyance to, the public. If, at any time, GSTS is unclear, on what course of action to follow in the field, GSTS shall consult with the City Arborist.
Quality Control Plan
Pruning Standards - Great Scott Tree Service, Inc. adheres to the highest quality pruning standards. In accordance with the International Society of Arboriculture, Society of Municipal Arborists, and the American National Standards Institute our tree care professionals abide by the most current practices and standards. Our certified personnel, both Ce11ified Arborists and Certified Tree Workers, enhance their knowledge of the most recent standards by receiving Continuing Education Units (CEUs). All apprentice trimmers are trained under the guidance of a Certified Tree Worker. GSTS will deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, and standards and requirements described herein, in providing tree services compatible with standard practice that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the contract.
Planting � Great Scott Tree Service along with Elite Nursery will coordinate any planting needs. Elite Nursery is a subsidiary of Great Scott Tree Service and has a 3-acre parcel of land in the City of Stanton that is used for growing grounds. Elite nursery is fully functional and can grow specialty trees, as well as, purchase other types of trees depending on availabi1ity and size.
Great Scott Tree Service, Inc. 9/25/2013 31
City of Stanton: Tree Trimming & Removals Section 2: Additional Company Information Crew Supervision - Great Scott Tree Service, Inc. will at all times have an English speaking ISA Certified Foreman at each work location. The District Manager with the ultimate responsibility for the project will al all times be an ISA Certified Arborist. Each Foreman is equipped with a cell phone for immediate contact in case of emergency.
Personnel - At any given lime Great Scott Tree Service, Inc. can provide your City with a minimum of 10 trained employees with necessary equipment and materials. If scheduled in advance, we can provide your City with over 75 trained employees with necessary equipment and materials. All personnel wear professional company uniforms at all times.
Incidents and Complaints - Great Scott Tree Service, Inc. understands that the best way to deal with incidents and complaints is to avoid them completely. However, it is inevitable that accidents may happen. In the case of an incident, our Foreman will immediately notify the Customer Service Department, who will log it into our database and schedule the repair within 24 hours. Any complaints will be handled in a similar fashion. The Customer Service Department will log it into the database and schedule a meeting between the complainant and our District Manager within 24 hours.
Safety Program - We take pride in our continual commitment to safety. It is important for the health and welfare of our employees as well as the communities that we serve. We employ a full time Risk Manager and Field Safety Supervisor. Our industrial safety record is outstanding.
Per your request our insurance carrier will review om· safety record. On a quarterly basis we provide a training seminar for all employees at our office in Stanton, California. Our staff abides by Cal-OSHA, International Society of Arboriculture and American National Standards Institute (ANSI Z133.l) safety requirements and standards at all times. Our staff will rep011 any accident that arises from, or in conjunction with, our work site or adjacent to our work site.
Traffic control will at all times be conducted m1der the guidelines of the W.A.T.C.H. Manual.
While we do perform safety training on an annual and quarterly basis, that is not enough. Our foremen discuss safety issues on a bi-weekly basis with the management team. Furthermore, they review the National Arborist Association Tailgate Safety meeting sessions with every member of their crew.
b?iury and Illness Prevention Program (Sqfety A1anual) - Great Scott Tree Service, Inc. with the help of our insurance carrier has developed an Injury and Illness Prevention Plan. The document includes the following:
• Operations Manager is responsible for the plan implementation • System for ensuring that employees comply with safe and healthy work practices • Safety communication system with employees
• We conduct periodic inspections to identify and evaluate workplace hazards • Accident investigations and review
• We correct unsafe and unhealthy work conditions in a timely maimer • Conduct scheduled safety meetings
• Record all accident information in a database
Recycled Content - Green Waste Diversion - Great Scott Tree Service, Inc. is a dedicated, responsible corporate citizen. With this in mind, we divert all green waste to recycJing centers, Great Scott Tree Service, Inc. 9/25/2013 32
City of Stanton: Tree Trimming & Removals Section 2: Additional Company Information instead of the traditional landfills. For the duration of the tree maintenance agreement we offer to provide your company with mulch, at no cost. For questions regarding our Green Waste Division, please contact Scott Griffiths.
Purchasing Capability -_ Great Scott Tree Service has a strong business relationship with Commerce National Bank; we currently have a $500,000 operations line of credit and a $2,000,000 equipment line of credit. Our accounts are managed by Mary Miller, Sr. Vice President & Manager of their Newport Beach Office. Mary can be reached at (949) 474-1020 Tree Inventory & TrimlT
Tree lnve11101y Services - Great Scott Tree Service, Inc. can provide its customers with a comprehensive tree inventory and database program. Our firm has developed a state of the art database system called TrimIT based on Microsoft and ESRI architecture. Our program incorporates both OPS (global positioning system) and GIS (geographic information systems) technology. This is a standalone database that is compatible with ArcGis software. Our data collector will perform a complete inventory incJuding:
• Tree Inventory System; Species, Height, DBH, Canopy Spread, Tree Condition, and Pruning Cycle
• OPS Location: Latitude Longitude
• Work History
• Service Requests
• Tree Listing Reports
City Stqff Interaction Via Trim IT.
City Staff will be provided with access to our online database which will allow the user to:
• Browse Tree Inventory: City staff can easily browse and navigate the city Tree Inventory, by Species, Address, Area, Size, Last Trimmed Date.
• Submit Service Requests: City staff can easily earmark trees for upcoming service requests.
• Attach line-item notes and images: City staff can easily enter notes and upload images pertaining to a specific tree.
• Review Work History: City staff can easily review what areas and what trees have been trimmed in past months.
Innovative Work Processes via TrimIT
Creative applications can allow for innovative approaches that will maximize efficient, costeffective operations and increased performance capabilities:
• Forecast "Service Plan" by area and visualize plan on city map. • Easily field Homeowner Questions regarding the scheduling of the trees in their area. • Forecast Tree Trimming Budget by fiscal period, review Plan vs. Actual. • Automated electronic PDF billing process reduces paper waste.
Great Scott Tree Service, Inc. 9/25/2013 33
City of Stanton: Tree Trimming & Removals Section 2: Additional Company Information President/Consulting Arborist
CEO
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Seo/I Griffiths founded Great Scott Tree Service, Inc. in 1976. He is a Ce1iified Arborist and long-standing member of the International Society of Arboriculture. Over the past 36 years, Scott has developed a successful company on the foundation of customer satisfaction, safe operations, and quality tree care.
Jacob Griffiths duties include overseeing City, County and Municipal accounts.
He has over 15 years experience in the tree service industry, and is an ISA Certified Arborist. Jacob also oversees our technology division, including our OPS Inventory System. Jacob will be our Project Manager, working with the cities responsible representative throughout the duration of this contract Certified Utilities Specialist
Patrick Fringer has over 20 years experience in the tree service industry, and is an ISA Certified Arborist. Additionally he is a Certified Utility Specialist and has done extensive work as an Urban Forester. Patrick is responsible for establishing and maintaining client relationships, taking care to airnnge service for all of their tree management needs.
Operations Manager
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Jaime lvfeza is our Operations Manager. He has been with our firm for 10 years, is a Ce1iified Tree Worker and Safety Officer. With an excellent working knowledge of all facets of the tree industry, Jaime will be our alternate Project Manager throughout the duration of this contract.
Scheduling Director
Jeanie Routson is our Scheduling Director. She has been with our firm for over 3 years and assists our clients with their scheduling needs and customer satisfaction.
Crew Leader
lvfoises Salinas is our Crew Leader/ Foreman. He has been with our firm for 10 years, and is an ISA Ce1iified Arborist and Certified Tree Worker. Moises will oversee all operations on-site.
Great Scott Tree Service, Inc. 9/25/2013 34
City of Stanton: Tree Trimming & Removals
Certified Arborist Utility Specialists
Patrick Fringer # 0895
Certified Arbo1·ists
Scott Griffiths
Patrick Fringer
Atfoises Salinas
Ba Tran
Certified Tree Workers
Maoises Salinas
Raudal Gutierrez
Jorge Pavia
Patrick Fringer
Jaime Meza
Severo Aguilar
Jesus Escobedo
Alvaro Gonzales
Jose Cruz Mariscal
Luis Ortiz
Juan Quezada
Jesus Ramirez
California State Licensed
Contractors License
Classifications: C61/D49 B C27
License Number: 556832
Entity: Corporation
Expiration Date: 02/28/2014
California State Licensed
#0901
#0895
#8682A
# 6543
#1792C
#1786C
#1768C
#1252
# 2190C
# 1744C
# 0859
# 1769C
# 1243
# 1789C
# 1242
#0867
Pest Control Advisor/ Applicator
RPW Applicator's License
Kevin Holman AA 02023
2473 Orangethorpe QL 30247
Fullerton, Ca. 92831
Consulting Arborists
Greg Applegate
Ted Stamen
# 365
# 1639
Section 2: Additional Company Information
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Great Scott Tree Service, Inc. 9/25/2013 35
City of Stanton: Tree Trimming & Removals Section 3: Construction Manager Resume $/(llt Cl·,,rltu('lnfJ lJcrtr.r.r,•
IS�J1
Scott P. Griffiths
Consulting Arborist
......... � ArborPro
Experience:
Consulting Arborist
ISA Certified Arborist No. 90!
Califomia State Contractors License No. 556832
Phone: (714) 826-1750 Fax: (714) 826-1753
Email: [email protected]
Credentials
Tree Care and Maintenance (Owner)
Landscape Maintenance (Owner)
Wholesale Tree Nursery (Owner)
G.P.S. Tree Inventory Management Software (Owner)
Mature Tree Moving Co. (Owner)
Southem California Edison Bark Beetle Project {Owner)
Consulting Arborist (Southern California)
l.lanagomanl Sollware
I.IA C"utifltol Arforl,till\'C-O'JO/
15 years
30years
·9 years
4 years
4 years
4 years
4 years
Em1>loymenl:
1991 - Present
1976 •- Present
2002 - Present
2002 - Present
1968-1976
President Great Scott Tree Service Inc. {Orange County, CA) President Elite Nursery (Orange County, CA}
President ArborPro Software Management (Orange County, CA) Owner Residential Landscape Maintenance {Orange County, CA) J<�d11c11tlon:
Certified Arborist Courses
Numerous Arbolist Seminars
Profcsslonnl O1·ganlzntions:
Intemntionnl Society of Arboriculturc
Nnlionnl Arborist Association
Tree Care Industry Association
California Department of Forestry
San Bemnrdino National Forest Association
California Timber Operations Association
Mountain Rim Fire Safe Council
Davey Resource Gl'Oup (1990)
ISA Western Chnpte1· (1990-2005)
San Bemnrdino National Forest Children's Forest Association l0761 Court Street• Stnnton, California 90680 • 714/826-1750 • FAX 714/826-1753 www.gstsinc.com
Great Scott Tree Service, Inc. 9/25/2013 36
City of Stanton: Tree Trimming & Removals Section 4: Contractors License lic�nw� 556832 Em,tv CORP
BllMrlt•M-� GREAT SCOTT TREE SERVICE INC
CUts�lltMorl(tl C61 /D49 8 C27
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Great Scott Tree Service, Inc. 9/25/2013 37
City of Stanton: Tree Trimming & Removals Section 5: Proof of Insurance AE5!-----;;be CERTIFICATE Of LIABILITY INSURANCE I 0:.�,i:;;�IVl'VYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: II Iha certlfltale holder Is au ADDITIONAL INSURED, the poH,;y(IHI mu&t b8 11ndor&0d, If SUBROGATION IS WAIVED, s11bJect to tho terms and con<llllons of the JH)IJcy, certain policies may require an endorsermnt. A stawmenl on this certlflcat, does not i:onfor right• to the certificate holder In Heu of such ondorsementfsl.
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SHOULD ANY OF THE ABOVE OEBCRIBE O POLICIES BE CANCELLED BEFORE THE !XPJRATIDN OAT!! THl!REOI', NOTICI! \',1LL BE OELIVl!RED IN IICCOROANCE WITH THE POLICY PROV!SIO!IB.
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Great Scott Tree Service, Inc. 9/25/2013 38
'lwenty-Flve Years of Excellence
10761 Court Street, Stanton, CA 90680
City of Stanton
FY 13-14 Citywide Tree Maintenance
7800 Katella Avenue, Stanton, CA
(SEALED BID ENCLOSED)
�
CITY OF STANTON
STANDARD CONTRACT
CONTRACT FOR:
FY 11-12 CITYWIDE TREE TRIMMING AND REMOVAL SERVICES
I.
This Contract is made and entered into on the February 28 day of 2012, by and between the City of Stanton, a California General Law Municipal Corporation ("City") and Great Scott Tree Service, Inc. ("Contractor"). City and Contractor, based upon their mutual promises contained herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows:
The complete Contract includes all of the Contract Documents, to wit:
A. Advertisement for Bids, dated January 13, 2012
B. Information for Bidders
C. Bid, dated February 1, 2012
D. Bid Bond
E. Payment Bond
F. Contract Performance Bond
G. Certificates of Insurance, Certified Copies of Insurance Policies, and Endorsements
H. Notice Award
I. Notice to Proceed
J. Change Order
K. Specifications entitled "Contract Documents and Specifications for the FY11- 12 Citywide Tree Trimming and Removal Services including the following sections:
1. Procedural Documents
2. General Conditions
3. Special Conditions
4. Appendix
L. Drawings
M. Addenda No.: (None)
N. Certified Copy of the record of action of the City Council of City of Stanton, Stanton, California.
0. Public Improvement Warranty
P. Latest Edition, Standard Specifications for Public Works Construction.
Q. Latest Edition, Orange County RDMD Standard Drawings.
Each of such documents in their entirety is incorporated herein by this reference as if set forth in full.
II. BID AMOUNTS
The Contractor agrees to perform the work set forth and particularly described in the aforementioned documents, incorporated herein by reference, in consideration of the amount of the BASE BID, to wit $69,925.00.
Ill. BONDS
Contractor shall furnish a Labor and Material Bond in an amount equal to one-hundred percent (100%) of the Contract Price, and a Faithful Performance Bond in an amount equal to one-hundred percent (100%) of the Contract Price, said bonds to be secured from a surety company admitted and authorized to do business in California as such.
IV. INDEMNITY
Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs, or any other cost arising out of or in any way related to the performance of this agreement.
Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth here.
To the full extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threaten, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually or impliedly, in whole or in part to the performance of this agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City.
Without affecting the rights of City under any provision of this agreement or this section, 2 Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City.
Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City.
Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.
The obligations of Contractor under this or any other provision of this agreement will not be limited by the provisions of any workers compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subtler contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section.
V.INSURANCE
The Contractor shall secure and maintain throughout the term of the Contract the following types of insurance with limits as shown:
Workers Compensation - A program of Workers Compensation Insurance or a State-approved self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers Liability with One-Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Contract.
General Liability - Such general liability insurance shall be written with a limit of liability 3 of not less than Two-Million Dollars ($2,000,000.00) combined single limits for damages arising out of bodily-injury, including sickness and death, injury to or destruction of property of others. arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse, and underground exposure.
Vehicle Liability - Such vehicle liability insurance shall be written with a limit of liability of not less than One-Million Dollars ($1,000,000.00) combined single limits for all bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse, and underground exposure.
If the City determines to require the Contractor to procure such insurance, such insurance shall cover as insureds under all policies excepting workers compensation the City, its officers, employees, and agents. The policy or policies for such insurance may provide for a deductible amount not to exceed five percent {5%) of the Contract Price. As provided in Section 7105 of the California Public Contract Code, the Contractor is responsible for the cost of repairing or restoring work up to five percent (5%) of the contract amount.
All insurers shall be admitted and authorized to do business in California as insurance carrier.
Contractor shall immediately furnish certificates of insurance and the Contractor shall provide certified copies of all policies and endorsements to the City evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contractor commences performances of services hereunder until the completion of such services. Within thirty (30) days of award of the contract, Contractor shall provide City with certified copies of all insurance policies required hereunder.
All policies, with respect to the insurance coverage above required, except for the Workers' Compensation Insurance coverage and liability coverage, if applicable, shall obtain additional endorsements covering the City and its officers, employees, and agents, as insureds with respect to liabilities arising out of the performance of services hereunder.
The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the City, its officers, employees, contractors, agents, and subcontractors.
All policies required above are to be primary and noncontributing with any insurance or self-insurance programs carried or administered by the City, 4 VI. CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept in full payment for the work outlined, in the Contract Documents, the sum of Sixty Nine Thousand, Nine Hundred Twenty Five Dollars. ($69,925.00) subject to additions and deductions, if any, in accordance with said documents. Payment shall not be made more often than once each thirty (30) days, nor shall amount paid be in excess of ninety percent (90%) of the Contract at time of completion. Final payment to be made thirty-five (35) days subsequent to filing of Notice of Completion. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit eligible substitute securities, as described in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.
VII. COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed and shall complete the Work within Three Hundred Sixty Five (365) working days. City and Contractor have discussed the provisions of Government Code Section 53069.85 and the damages which may be incurred by City if the Work is not completed within the time specified in this Contract.
The City and Contractor hereby represent that at the time of signing this Contract, it is impracticable and extremely difficult to fix the actual damage wtiich will be incurred by City if the Work is not completed within the number of calendar days allowed.
Accordingly, City and Contractor agree that the sum of One Thousand Dollars ($1,000.00) per day is a reasonable sum to assess as damages to City by reason of the failure of Contractor to complete the Work within the time specified.
VIII. MISCELLANEOUS
The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.
The Contractor hereby waives for himself/herself and for Contractor's Subcontractors any right Contractor may now or in the future possess in relation to this Contract and these Contract Documents and the work thereunder, to utilize the provisions of Civil Code Section 47(b) in any action, proceeding, or prosecution pursuant to California False Claims Act, Government Code Section 12650 et seq.
IX.
Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to perform the work hereunder.
Contractor's failure to have or maintain all appropriate licenses during the entire term of 5 this contract, or any period thereof, shall be cause for the immediate and summary termination of this Contract by City. Contractor shall be liable for all City's costs to complete the work and this Contract.
X.
The person or persons executing this Contract on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Contract on behalf of his/her/their corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder.
XI.
This Contract contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above.
6 CITY OF STANTON:
By: ��
CITY MANAGER
ATTEST:
APPROVED AS TO FORM:
By:
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(Corporate
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Print Name:
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NOTARY REQUIRED
KEDIR S. IBRAHIM
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CITY OF STANTON
AGREEMENT FOR CONSULT ANT SERVICES
THIS AGREEMENT, is made and effective as of b
--- 2-i/ 2003, between the
City of Stanton, a municipal corporation ("City") and Great Scott Tree Service, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on " ' Z. '-/ 200 3 and shall remain and continue in effect until tasks described herein are completed, but in no event later than G:, - 2- c.-f , 200 ±1_, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibits A and E, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City's Community Development Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.
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5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. The City reserves the right to amend the selected payment option (Option No. 3), as provided for in the proposal submitted by the Consultant (Exhibit E).
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten-thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council.
( c) Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3.
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7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.
The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed ofby the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and -3-
hardware for purposes of accessmg, compiling, transferring, and printing computer files.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents ( collectively "Indemnified Parties"), from and against any and all claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, including but not limited to the extent same are caused or contributed to in whole or in part whether actual or threatened which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, occurred, or omitted to be done ( collectively "Claims"), by Consultant, its officers, agents, employees or subcontractors ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. (b) Indemnification for Other Than Professional Liability. In addition to indemnification related to the performance of professional services and to the full extent permitted by law, Consultant shall further indemnify, protect, defend and hold harmless the City and Indemnified Parties from and against any liability (including Claims) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
( c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements which indemnify, protect, defend and hold harmless the City from liability, with provisions identical to those set forth here in this Section 9 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required, this failure shall be a material breach of this Agreement, and Consultant agrees to be fully responsible according to the terms of this entire Section 9. City has no obligation to ensure compliance with this Section by Consultant and failure to do so will in no way act as a waiver. This obligation to indemnify and defend City is binding on the successors, assigns or heirs of Consultant, and shall survive the termination of this Agreement or this section.
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( d) Obligation to Defend. It shall be the sole responsibility and duty of Consultant to fully pay for and indemnify the City for the costs of defense, including but not limited to attorney's fees and costs, for all Claims against the City and the Indemnified Parties, whether covered or uncovered by Consultant's insurance, against the City and the Indemnified Parties which arise out of any type of omission or error, negligent or wrongful act, of Consultant, its officers, agents, employees, or subcontractors. City shall have the right to select defense counsel.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.
11. INDEPENDENT CONSULT ANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Stanton in -5-
connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Stanton will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
16. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) -6-
delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City:
To Consultant:
17. ASSIGNMENT
City of Stanton
7800 Katella
Stanton, California 90680
Attention: City Clerk
Great Scott Tree Service, Inc.
10761 Court Street
Stanton, CA 90680
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Because of the personal nature of the services to be rendered pursuant to this Agreement, only Great Scott Tree Service, Inc. shall perform the services described in this Agreement.
Great Scott Tree Service, Inc. may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Mr. Patrick Fringer, designated City Arborist and District Manager from Consultant's employ. Should he/she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.
Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any -7-
20. 21.
litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Stanton.
ENTIRE AGREEMENT
This Agreement contains the entire understanding that between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "E" hereto. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
-8-
IN WITNESS \VHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
Attest:
fr�G,-�
Brenda M. Green, City Clerk
Approved As To Fom1:
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Scott P. Griffi t hs
(Typed Name)
Its: __ P_r-=-
e---=-s--=i-=-dc..::e-'-n=----=t=-------
By: �.
(Title)
Pii;ignature) r-=
K e ith Hennig
(Typed Name)
Its: Vic e Pr es id ent
(Title)
EXHIBIT A
TASKS TO BE PERFORMED
Performance Standards
Activity
1. Incident/Complaint Report Filings
2. Year End Work Summary Report
3. Monthly Work Summary Report
4. Administrative Draft of Street Tree Master
Plan
5. Great Scott Field Crews
6. Special Requests (i.e. tree trimming,
removal, planting, inspections)
7. Regular (Grid) Tree Maintenance
Activities
8. Preventative Tree Maintenance Program
9. GPS/GIS Based Public Tree Inventory
Standard
Provide outcome report to City staff within 2
business days of receipt of request
Submitted within 30 days of end of year
Submitted within 10 days of end of month
Submitted within 60 days from effective
date of agreement
Uniformed field crews to be supervised by
an on-site, English speaking, ISA Certified
foreman at each work location.
Completed within 14 calendar days of
receipt of request
Monthly Schedule
Submitted within 60 days from effective
date of contract (Street Tree Master Plan)
Submitted within 60 days from effective
date of contract (Street Tree Master Plan)
10. Landscape Plan Review 10 business days from receipt of plans
11. Public Information Materials & Assistance As needed
12. Research & Grant Proposal Assistance As needed
13. Provide Services of Certified Arborist As needed
14. Work Status & Quality Control Meetings Weekly or as needed with Staff
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EXHIBITB
PAYMENT SCHEDULE
Option 3:
Grid Tree Trimming -Block By Block Basis*
0" - 6" Each
T' - 12" Each
13"-18"
19" - 24"
24" +
Each
Each
Each
Service Reguest Tree Trimming
Small Trees 0" - 6"
Medium Trees 7" - 16"
Large Trees 16" +
Arborist Services
Hourly
Administrative Support Services
Hourly
Tree Removal
Per Inch at DBH
Tree Planting
15-gal Tree
15-gal with Root Barrier
24" Box Tree
24" with Root Barrier
Crew Rental
Hourly Rate
(3 man crew with equipment)
Stump Grinding
Per Inch at DBH
*This option includes a GPS inventory at no charge
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$20.00
$32.00
$39.00
$46.00
$55.00
$25.00
$40.00
$55.00
$50.00
No Charge
$14.00
$105.00
$115.00
$175.00
$240.00
$115.00
$5.00
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given foss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
1 . Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
2. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
4. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an AM. Bests rating of A or better and a minimum financial size VII.
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General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
-13-
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional .cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement -14-
in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
1 7. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or allinclusive.
I 9. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
-15-
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. -16-
EXHIBIT D
REQUEST FOR PROPOSAL
CITY ARBORIST AND
PUBLIC TREE MAINTENANCE SERVICES
Background
The City of Stanton is requesting proposals from qualified firms to act as the City Arborist and for public tree maintenance services. The City currently supplements City staff with the services of a private contractor for scheduled and emergency tree maintenance services (e.g., trimming, removal and planting services).
Through this RFP process the City desires to improve the cost effectiveness of City resources by outsourcing all tree maintenance services.
There are approximately 1800 parkway (street) and public facility trees located within the 3.5 square mile city. Approximately 450 trees are serviced on an annual basis. Current practices involve City work crews providing tree trimming activities from ground level up to 14 feet in height. The private contractor is responsible for tree trimming activities greater than 14 feet in height. It is anticipated that revising current practices to a single system will result in improved customer service levels, cost-savings and a healthier urban forest.
The City is also desirous of utilizing the services of the selected contractor to act as the City Arborist.
Responsibilities of this position will be to assist City staff in the review of development project landscaping plans, oversee the maintenance activities for public trees and provide assistance and public information advice on trees.
Scope of Services
Specifically, the City requests the written proposals to address the following services:
• Provide scheduled and emergency tree trimming, removal and planting activities; • Develop and implement a trimming and maintenance schedule for public trees; • Develop and implement a preventive maintenance program for public trees; • Develop and maintain a GPS/GIS-based public tree inventory; • Provide monthly and annual reports on tree maintenance activities; • Develop a list of recommended street trees, public facility landscaping trees and private development proposal trees:
• Review landscape plans;
• Provide public information materials on proper tree maintenance; • Provide assistance to City staff in the researching and grant proposal writing for public tree programs;
• Provide the services of a certified arborist; and
• Attend meetings, as needed.
Proposal Format
Qualified proposals shall describe services provided by the firm to other local jurisdictions; names and qualifications of responsible individuals; hourly billable rate of responsible individuals; anticipated budget per item listed in the scope of services, including per tree cost for trimming, removal and planting; and a list of references.
Three copies of the proposals must be submitted in writing no later than 5:00 p.m., May 27 2003, directed to the attention of Steven Harris, Community Development Director, City of Stanton, 7800 Katella Ave, Stanton, CA 90680. Those firms determined to be most qualified and responsive to City needs will be invited to meet with City staff to further discuss qualifications and services offered. It is anticipated that City Council action on a staff recommended firm would occur in June 2003. The contract period will begin July 2003, and will be reviewed annually. Questions may be directed to Mr. Harris at 714-379-9222 ext. 211. -17-
EXHIBITE
PROPOSAL SUBMITTED BY CONSULTANT
-18-
City of Stanton
City Arborist and
Public Tree Maintenance Services
Provided by
Great Scott Tree Service, Inc.
City of Stanton City Arborists and Public Tree Maintenance Services Company Qualifications
Introduction
Great Scott Tree Service, Inc. has been a key member of the Southern California tree maintenance industry for over 16 years. We have developed a reputation for high quality, professional tree service at a competitive price. We feel the combination of our highly trained field personnel and our devotion to customer service sets our company apart from the competition. We are in possession of a C-61/D-49 and C-27 contractor's license number 556832. Over the last several years the acquisition of key management personnel including Keith Hennig, John Hernandez and Patrick Fringer, will match or exceed the experience of any competitor in the municipal tree maintenance industry.
Principles of the Firm
The following is a listing of key employees within our company that will be assigned to your project. Each has an exemplary reputation in his chosen and assigned duties.
President
Scott Griffiths founded Great Scott Tree Service, Inc. in 1976. He is a Certified Arborist and long-standing member of the International Society of Arboriculture. Over the years Scott has developed a successful company on the foundation of customer satisfaction, safe operations and quality tree care.
Vice President of Sales and Operations
John Hernandez duties include quality control, scheduling, problem resolution and overall customer satisfaction. John has extensive experience working with municipalities. He served as the District Manager for the City of Beverly Hills tree maintenance contract for over two years. For the duration of that project John was responsible for up to 50 employees at one time, public notification, pruning standards and public relations on a contract worth over $1,700,000 annually. He has been a Certified Arborist since 1997.
Vice President of Information Technology
Keith Hennig oversees administration of all contracts for Great Scott Tree Service, Inc. Keith has over 9 years experience working with municipal tree maintenance contracts. While employed as Contract Administrator and Director of Inventory Services for West Coast Arborists, Inc., Keith managed contracts with over 100 cities in the State of California and performed street tree inventories for over 50 cities. As Contract Administrator he ran the internal operations including Customer Service ( office employees and field staff), Incidents, Billing, Scheduling, Marketing and Data Control.
Keith also worked for the Street Tree Department with the City of Orange for 4 years. Keith has a Bachelor of Science, finance degree from California State University, Fullerton.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton City Arborists and Public Tree Maintenance Services District Manager - City Arborist
Patrick Fringer will be assigned as District Manager and City Arborist for this project. Patrick has over 10 years experience managing municipal contracts. He was most recently employed by the City of_ -� Anaheim as the Tree Services Coordinator. His duties included responding to resident complaints and tree related questions. Patrick is an ISA Certified Arborists and Certified Utility Specialist.
Customer Service Coordinator
Gabriel Roman is our Customer Service Coordinator. His
responsibilities include customer relations, responding to incidents and scheduling projects. Gabriel has over 3 years experience working with municipal tree maintenance contracts. Gabriel will assist the residents of Stanton on initial inquiries. He will act as a liaison between City Staff, Residents and Patrick Fringer the designated City Arborist.
Recycling Specialist
Jeff Melin is an ISA Certified Arborists and has a degree from California State University, Fullerton in Environmental Design. Jeff has worked in the municipal tree industry for over 7 years. As well as working to continuously improve our recycling efforts, Jeff assists the Vice President of Sales and Operations with our marketing.
Contract Administrator
Oscar Corvera is the Contract Administrator for our company. His duties include issuance of insurance certificates, bonding, and contractual issues. He will also assist in customer relations. He has been certified with the State of California as a Notary Public since 1998.
Oscar has over 4 years working with large-scale tree maintenance contracts.
Facility
Great Scott Tree Service, Inc. is located at
10761 Court Street in the City of Stanton.
Our corporate office has been located in the
City of Stanton for over 15 years. The
majority of our employees are residents of
the City of Stanton, which is beneficial in
regards to emergency response. All of our
equipment is stored within the City
boundaries which makes our company the
optimum choice to become the primary tree
care provider.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc. ''
City of Stanton
Certified Staff
Certified Arborists
Scott Griffiths
Grant Griffiths
John Hernandez
Keith Hennig
Patrick Fringer
Ba Tran
Charlie Wilson
Jeff Melin
Don Kniss
Jacob Griffiths
Certified Tree Workers
Manuel Dominguez
Antonio Aguilar
Juan Quezada
Jesus Escobedo
Jesus Ramirez
Alvaro Vargas
Refugio Osorio
Jose Cruz Mariscal
Ruben Rivera
Javier Delgado
Chris Hernandez
George Oleksak
Santos Rivera
Utility Certified Arborists
Charlie Wilson
Patrick Fringer
Due: May 27, 2003
# 0901
# 5935
# 3952
# 1591
# 0895
# 6543
# 1447
# 5281
# 2362
# 6631
# 1280
# 1277
# 1242
# 0859
# 0867
# 0854
# 1257
# 1243
# 0856
# 1244
# 1117
# 0860
# 0645
# 1447
# 0895
City Arborists and Public Tree Maintenance Services
Cert.ificd Tree \\'orkc,·
International Society
of Arboriculturc
\V cs tern Chapter
TJIIS IS TO CERTIFY TH,\T
__ Javier Delgado_
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Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Quality and Cost Control Plan
Pruning Standards
City Arborists and Public Tree Maintenance Services
Great Scott Tree Service, Inc. always employs the highest quality pruning standards. In accordance with the International Society of Arboriculture, Society of Municipal Arborists and the American National Standards Institute our tree care professionals abide by the most current practices and standards. Our certified personnel both Certified Arborists and Certified Tree Workers enhance their knowledge of the most recent standards by receiving continuing education units. All apprentice trimmers are trained under the guidance of a Certified Tree Worker.
City Arborist
Great Scott Tree Service, Inc. will provide the City of Stanton with a Certified Arborist for the duration of the contract. His prime goal will be the health and well being of the City's Urban Forest while maintaining the integrity of the City of Stanton. He will be available for all of the Cit\e; tree maintenance and landscape development projects and will review all current and pending landscape plans. He will oversee all maintenance activities for all public trees as well as provide assistance and advice on trees. The City Arborist will attend all meetings as necessary.
The City Arborist will perform all tree inspections. Any resident that requests a tree inspection will receive this service within two weeks. Trees that require trimming prior to their scheduled pruning date will be placed on a service request list. Our crews will prune all service requests on a bi-weekly basis. Trees that are determined to require removal will be placed on a tree removal list and our crews will complete the work every two weeks upon approval by designated city staff.
Administrative Support
Great Scott Tree Service, Inc. will provide the City of Stanton and the assigned City Arborist with an administrative support staff. They will be available for researching and grant proposal writing for public tree programs as well as providing public information materials on proper tree care. All resident inquiries, scheduling issues and tree related complaints will be handled by Great Scott Tree Service, Inc. support staff. They will have access to the tree inventory database with the ability to provide a variety ofreports for City staff.
Personnel
At any given time Great Scott Tree Service, Inc. can provide the City with a minimum of 30 trained employees with necessary equipment and materials. If scheduled in advance, we can provide the City with over 75 trained employees with necessary equipment and materials.
All personnel wear professional company uniforms at all times.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton City Arborists and Public Tree Maintenance Services Tree Inventory Services
Great Scott Tree Service, Inc. will provide the City of Stanton with a comprehensive tree inventory and database program. Our firm has developed a state of the art database system based on Microsoft and ESRI architecture. Our
program ArborPro incorporates both GPS (global positioning system) and GIS (geographic information systems)
technology. ArborPro is a standalone database that is
compatible with ArcGis software. Our data collector will perform a complete inventory including Tree Species,
Condition, Diameter, Work History Records, and Longitude and Latitude Coordinates. Furthermore, the data collector will (based on City specifications) identify all vacant planting sites in each zone. Please see the complete brochure in Appendix A. ArborPro includes a feature for a work
history update disk that will be provided with each invoice.
Great Scott Tree Service, Inc., will update the City database program at no additional cost.
Crew Supervision
Management
ArbtrirPro -�
Software
The City Arborist!District Manager with the ultimate responsibility for the project will at all times be an ISA Certified Arborist. Great Scott Tree Service, Inc. will at all times have an English speaking ISA Certified Foreman at each work location. Each Supervisor is equipped with a cell phone for immediate contact in case of emergency.
If requested, on a weekly basis our City Arborist/District Manager will meet with a designated City representative to review progress on all ✓ ordered work (pending or scheduled work lists), identify any potential problems, review completed work ( quality control) and discuss upcoming schedules.
Incidents and Complaints
Great Scott Tree Service, Inc. understands that the best way to deal with incidents and complaints is to avoid them completely. However it is inevitable that accidents may happen.
In the case of an incident our Foreman will immediately notify the Customer Service Coordinator, who will log it into our database and schedule the repair within 48 hours. Any complaints will be handled in a similar fashion; the Customer Service Coordinator will log it into the database and schedule a meeting between the resident and our District Manager 'I within 48 hours. At the weekly review meeting, between our District Manager/City Arborist and City staff, a report will be submitted of any and all complaints and incidents that arose over the previous week.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Safety
City Arborists and Public Tree Maintenance Services
At Great Scott Tree Service, Inc., we pride ourselves
on our safety record. On a quarterly basis we provide
a training seminar for all employees at our office in
Stanton, California. Our staff at all times abide by
Cal-OSHA, International Society of Arboriculture
and American National Standards Institute (ANSI
Z 133.1) safety requirements and standards. Our staff
will report any accident that arises from, or in
conjunction with, our work site or adjacent to our
work site. Traffic control will at all times be conducted under the guidelines of the W.A.T.C.H. Manual. We have been recognized by our insurance carrier for our outstanding commitment to safety.
Invoicing
On a monthly basis, Great Scott Tree Service, Inc., will provide the City with an invoice of work performed, a hard copy print out of each work location separated by type of work performed and a digital copy of work performed. At the end of each fiscal year Great Scott Tree Service, Inc. will provide the City with a Year End Work Summary Report. The report will detail all work completed during the course of the year.
As previously mentioned, Great Scott Tree Service, Inc., will update the City database with a floppy disk enclosed with each invoice.
Green Waste Diversion
Great Scott Tree Service,
Inc. is a dedicated,
responsible corporate
citizen. With this in mind,
we divert all green waste to
recycling centers, instead
of the traditional landfills.
For the duration of the tree
Monthly Green Waste Report
For !he ..,.orth ol .t.prt 2002
4J1/02 001 Miguel Hernandez Oreen Waste Rifer Ranch Recyclng 5 00 4J1/02 002 Alritaro CordCJrlla Oreen Waste RWer Ranch Recyclng 4.50 .u�02 D01 Miguel Hernandez oreenWastt Rifer Rillnth Recyclng 4.50 .V3(02 D02 Ahlaro Cord011a Pam CST Organic RecrclinJ 5.00 4J4f02 D01 Miguel Hernandez Green Waste Riw'er Ranch Recyclna 3 50 414102 D01 Miguel Hernandez Orten Waste Rj,fer R;anch Recyclng 3.50 4J�02 002 ANaro Cordew a Oreen Waste Rifer Ranch Recyclng 5.00 (.19'02 001 Miguel Hernard«z Pam CST Organic Recycling 3 00 4/9'02 D01 Miguel Hernandez Oreen Waste Rifer RWlth Recycing 5.00 IJ�Ol D02 Alfaro Cordo,,a Green Wasle RN er Ranch Recyclng 2.50 4110102 D01 MIQuel Hernaroez Oreen Waste Rifer Ranch Recydng 5.00 4110/02 D01 Alrr'ara CordOia Orten Waste RN er Ranch Recyclng 5.00 4112/02 D01 Miguel Hernandez Wood CST Organic Recycling 3.00 4115!02 D02 AN'aro CordOil GreenW■ste RNer Rrich Recycing 5.00
1.116/02 001 M9uel Hernar'Oez Green Waste Rh'er RiW"lch Recydng 3.50 4118102 D02 AN'aro CorCIOr'a Green Waste Rlt'er Ranch Recyclng 5.00 maintenance agreement We !�� �� �:a�=��;��ez
�:�Waste �=!roR:;��•��c
il� �:��
offer to provide the City �;:; g� ::�:�::::: �:""'0
"• �;�'i,;:::::::;::1� ::�
4123102 D02 AWaro Cord()(a Green Waste CST Organic Recycling 4 00 with mulch, at no cost. We �;;: g� �;•�:ei��,:,., �:: g�ig;::� :�::� :�� will also provide the City �= g�; :�.",:�����.,
�:� g�ig;::�:�::;: rn
4128/02 002 Airllaro CordOW"a Oreen Waste CST Organie Recycling 5 00 with computerized records ��; g� ��.��:;��.,
�;::��::: :�:::::�:::::: :��
of all green waste resulting ro ........... -•h "'""'' 121·50 from tree maintenance operations. The computerized record will reveal the date, the type of green waste, dump site and total tonnage.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton City Arborists and Public Tree Maintenance Services Corporate and Financial Capability
We feel the combination of our highly trained field personnel and our devotion to customer service sets our company apart from the competition. We are in possession of a C-6 l /D-49 and C-27 contractor's license number 556832. We currently have an open line of credit with Wells Fargo Bank for $400,000 for equipment. We have another line of credit with the Wells Fargo Bank for miscellaneous needs for $200,000. Our annual revenue stream has increased consistently over the past 5 years, we expect the total annual revenues for 2003 to exceed $6,000,000.
Indemnification and Insurance
Per the bid specifications, Great Scott Tree Service, Inc. will agree to indemnify, hold harmless and defend the City, its agents and employees from any and all liability or loss, resulting from any suits, claims or actions brought against the City, which result directly or indirectly from the wrongful or negligent action of Great Scott Tree Service, Inc. in the performance of the contract.
A certificate of Workers' Compensation Insurance, which meets the requirements of Section 3700 of the Labor Code, shall be furnished to the City prior to the execution of the contract.
A certificate of insurance shall be submitted to the City prior to commencement of work which will state that the City and its respective elected officials, officers, attorneys, agents employees, and volunteers are named as additional insured.
Conclusion and Acceptance of Conditions
Great Scott Tree Service, Inc. is a qualified and experienced firm that will provide the City with the highest standards of customer service and tree maintenance. Our combination of management, field and technical expertise will be the perfect solution to meet the City's urban forest needs. We have the professional management skills and the small business mentality focusing on customer service.
Our company has been located in the City of Stanton for over 16 years. We take pride in our town and feel this contract is a chance to give back to the City. Our location makes us the optimum choice to service the residents of the City of Stanton. We will have shorter response time to emergencies and resident inquiries and our equipment will always be close.
The City will not be treated as just one of many contracts for our firm, our commitment to service will not be matched.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Customer Service
The Cities we serve have a
reputation as service oriented
Cities and this reputation
should be reflected through
their contractors. Our
experience with numerous
municipal contracts gives us
the insight to a successful
relationship between City
and Contractor. The
relationship is built on
customer service. We realize
we have a dual obligation to
City Staff and to the fine
residents of the City. Our
City Arborists and Public Tree Maintenance Services
crew will always have an English-speaking Foreman on site to assist in resident inquiries.
All work will be conducted in a manner that will cause the least possible annoyance to the public. He has received customer service training through our office to act respectful and courteous at all times, he will direct most inquiries to our office.
The first step to a successful Customer Service program will be the proper notification of City residents. In order to properly notify residents, at least one week in advance, we must work closely with City staff to schedule upcoming projects. "No Parking" signs and door hangers will be posted 48 hours prior to performing work. Once work is scheduled and is being performed the next step is to monitor progress. Our District Manager/City Arborist will meet with City Staff on a weekly basis to review the progress of the tree services, review the schedule and address any City concerns.
We will support our field crews, City staff and
residents in the office with a Customer Service
Coordinator. He has over three years
experience supporting municipal contracts. He
will be the immediate point of contact for City
or resident concerns. His number one priority is
the support of our municipal contracts. He is in
constant contact with the District Manager/City
Arborist and assists in the daily scheduling of
crews. Once work is ordered it is the Customer
Support Coordinator's responsibility to call
Underground Service Alert, map the locations
and prepare a work order for the field crew. Our Customer Support staff receives in house training as well as seminars and video training.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton City Arborists and Public Tree Maintenance Services Safety Program
We take pride in our continual commitment to safety. It is important for the health and welfare of our employees and their families as well as the communities that we serve. Our industrial safety record is outstanding, we have never had a major injury.
Per your request our insurance carrier will review our safety record.
On a quarterly basis we provide a training seminar for all employees at our office in Stanton, California. Our staff at all times abide by Cal-OSHA, International Society of Arboriculture and American National Standards Institute (ANSI Zl33.l) safety requirements and standards. Our staff will report any accident that arises from, or in conjunction with, our work site or adjacent to our work site. Traffic control will at all times be conducted under the guidelines of the W.A.T.C.H. Manual. We have been recognized by our insurance carrier for our outstanding commitment to safety.
While we do perform safety training on an annual and
quarterly basis, that is not enough. Our foremen discuss safety issues on a bi-weekly basis with the management
team. Furthermore, they review the National Arborist
Association Tailgate Safety meeting sessions with every member of their crew. To promote safe operations we
provide - safety bonuses, Christmas bonuses based on
yearly safety record and crew lunches for the safe crew of the month.
Injury and Illness Prevention Program (Safety Manual)
Great Scott Tree Service, Inc. with the help of our insurance carrier has developed an Injury and Illness Prevention Plan. The document includes the following:
• Operations Manager is responsible for the plan
implementation
• System for ensuring that employees comply with safe
and healthy work practices
• Safety communication system with employees
• We conduct periodic inspections to identify and evaluate workplace hazards
• Accident investigations and review
• We correct unsafe and unhealthy work conditions in a
timely manner
• Conduct scheduled safety meetings
• Record all accident information in a database
Og11\,, G1lb�rt. Notns & 11,ll
� �"""""". :::; ... ( !\ ---
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton City Arborists and Public Tree Maintenance Services Arboricultural Training Program
Great Scott Tree Service, Inc. is dedicated to quality tree care services. In order to provide the highest quality service we have initiated a quality tree care program. The program is based on International Society of Arboriculture standards and is run in conjunction with our Quarterly Safety Meetings. Twice a year, at our home office, we present a training seminar. ✓ Some of the topics include:
Proper Pruning Techniques
Structural Pruning of Young Trees
Utility Clearance and Safety
Proper Tree Planting Techniques
Tree Disease Identification
Chain Saw Safety
Quality Customer Service
Identifying Potential Hazards
Cabling and Bracing
The seminar is taught by one of our Certified
Arborists with the assistance of the certified tree
workers. To further pursue quality service we
promote the ISA certification of all employees.
Our employees are provided with all the training
material including, videos, handbooks and audio
tapes. Also we teach a course at the office to
assist our staff in their further education and
certification. All employees who become a
Certified Arborist or Tree Worker receive an
immediate raise and a yearly certification bonus.
Every employee receives initial safety
training upon his hire date. Groundmen
are initially trained by the Operations
Manager and then we utilize the "buddy
system". He will work hand in hand with
another Groundman for his first month.
All newly hired Trimmers are trained
under the tutelage of a Certified Tree
Worker or Certified Arborist. The
ultimate responsibility of training and
quality pruning lies on the principals of
the firm and the Operations Manager. Our
commitment to arboricultural training
shines through in the quality work performed by our staff. Quality tree care, safety and customer service are the foundation of Great Scott Tree Service, Inc.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Equipment Listing
City Arborists and Public Tree Maintenance Services
Great Scott Tree Service, Inc., owns a modern fleet of state of the art tree care equipment.
While some contractors might claim a larger fleet many of them serve a much larger customer base. The following list of equipment is available to the City. 1!!,!MP IB!,!CKS
License# VIN#
4TRIMIT F80KVHA8040
SL57969 1 FDPK 7 •P 1 L V A42608
4E06322 1 GDL 7H 1 PSMJ500105
SK65945 1 GDJ7H 1P3MJ518903
5B66353 1 GDJ7H1 P9MJ518873
6TRIMIT 1 GDJ7H 1 P4MJ518974
4L13138 1 GDJ7H 1 P9MJ518906
6G56449 1 GDJ7H 1 J3SJ512298
SE33877 1 GDJ7H 1J1SJ512302
4R53648 1GOJ7H1J•SJ505117
5L57101 1 GSJ741 J755504835
5F56692 1 GDJ7� 1J2T J506168
PICKUP TRUCKS
License# VIN#
7TRIMIT 1 FDKF37LSGPA06656
3V88172 2FT JW35L6HCA02525
BTRIMIT 1 FTHF25H6JPA20287
6L99534 1 FT JW35G3TEA87183
6872485 1FT JW35GOTE806417
SM61319 1FT JW35GXVEA 77088
5X18904 1 GBHC33J4WF022481
BRUSH CHPPER!
License# VIN#
SE342960 916037418
SE508337 4HAEB1006TC000193
SE510576 4HAEB1009TC."00205
S6473359 4HAEB1005VC000835
S6482848 1VRN1312XX1001892
S6495017 1VRN13120Y1002180
S6499169 1VRN1312011002475
S8517915 1VRN1312X11002709
STl.t.llP ORINOERS
LloenH # VIN#
S6414456 1VRC131F6F1001283
1HT8602
S6499007
000220
1VRl-,091 J1T1000251
1VKNJ71 F2T1000646
1VRl-,091J5X1001599
1 VRN)71 FTX1003743
1VRN151U2Y1000573
Due: May 27, 2003
Truck Type
FORD LN800 DUMP TRUCK (DS)
FORD DUMP TRUCK
GMC DUMP TRUCK
GMC DUMP TRUCK {06)
GMC DUMP TRUCK {D7)
GMC DUMP TRUCK (D1)
GMC DUMP TRUCK {D9)
GMC DUMP TRUCK
GMC DUMP TRUCK
GMC DUMP TRUCK (010)
GMC DUMP TRUCK (013)
GMC DUMP TRUCK (014)
Truck Type
FORD F350 (T2)
FORD CREWCAB
FORD F250 (T4)
FORD CREW CAB
FORD CREW CAB
FORD CREW CAB
CHEVY CREW CAB
Truck Type
Altec 616 Brush O,ipper
Altec \i\C616 Brush O,ipper
Attec V\.C616 Brush Chipper
Attec W::S16 Brush Chipper
Vermeer 1800 A _Brush Chipper
Vermeer 1800 A Brush Chipper
Vern-eer 1800 A Brush Chipper
Vermeer 1800 A Brush Chipper
Vermeer 1800 A Brush Chipper
Vermeer 1800 A Brush Oiipper
Truok Type
Vermeer 665 Stun-p Grinder
A"omark SP16 Sturrp Grinder
Venreer it025 Trailer for G'inder
Vermeer 252 Stun-p Grinder
Vermeer 11025 Trailer for Grinder
Vermeer 252 Stun-p Grinder
Verrreer 752 Stun-p Grinder
BQbLQFFS
license I
9A15482
6A99725
VIN#
132257P
1 HSHKG2R7MH292715
AERIAL TRUCKS
license# VIN#
1 HTSAZRN4LH06464
6081824 1 HTSCZVP9LH238979
6E91107 1HTSCPGP2NH455844
6G12847 1 HTSCABP4S H625296
6R62017 1 HTSCABP6SH625204
6P05539 1GDL 7H 1J9SJ519605
5V44821 1GDJ7H1J7SJ504608
1 HTSCABN2XH670243
LOADERS. CRANE. & TRENCHERS
License# VIN#
◄OY0392
SLP41600TE0529348
47H6-239
3P0603
Truck Type
PETERBILT
INTL ROLL OFF
Truck Type
INTL 55FT HI RANGER BUCKET (83)
INTL 55FT HI RANGER BUCKET (B4)
INTL 65FT HI RANG ER BUCKET (85)
INTL 65FT HI RANGER BUCKET (86)
INTL 65FT HI RANGER BUCKET (B7)
GMC 65FT TECO BUCKET (BS)
GMC 55FT TECO BUCKET (B9)
INTL 65FT HI RANGER BUCKET (B10)
Truck Type
CAT 910 Loader
JCS 416 loader
FMC HSP-8018 Hydro Crane
Ditch Witch 4500 Trencher
Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Street Tree Master Plan
City Arborists and Public Tree Maintenance Services
Great Scott Tree Service, Inc. will provide the City of Stanton with a Comprehensive Street Tree Master Plan.
Pruning Recommendations
Based on the relative age, health and locale of trees throughout the City our staff will prepare long term pruning recommendations. This pruning schedule will be applied to the database program for immediate response to resident or city staff scheduling inquiries. If a tree at a resident's property is on a schedule, generally that will satisfy their needs. The most cost effective pruning plan is a block-by-block system or "Grid Trimming". By utilizing this method the contractor is able to keep costs low and pass the savings to the City. Each tree will receive an inspection on a regular basis.
Tree Condition Evaluation
The condition of each tree in the City will be assessed by a Certified Arborist during the tree inventory operations. Trees that are recommended for removal will be identified and a cost to provide the tree removal service will be assigned. At the end of the project the City will receive a report including a spreadsheet that will calculate the total cost to remove all hazardous trees and replace the trees with the appropriate specie.
Vacant Planting Sites
Every vacant planting site in the City of Stanton will be identified based on spacing criteria provided by the City or determined by our staff. The knowledge of the number of vacant planting sites will assist the City in the acquisition of state and federal planting grants. If the City should receive a planting grant, our software program ArborPro, will create a mail merge document to notify each resident of our intention to plant trees adjacent to their address. The letter will include a full page color photo of the species selected for their property and a return post card.
Determine Proper Specie
Our arborist will work with City Staff and local organizations to determine the proper species to be planted throughout the City. The determination will be based on specie attributes, aesthetic qualities, space limitations and City preference.
Tree Valuation
ArborPro will provide the City with the real value of the urban forest. Based on standards set forth by the International Society of Arboriculture each tree will be assigned a true monetary value. Once the value of the Urban Forest is determined City staff can use this valuable information to acquire additional funds to maintain a valuable asset. The tree valuation is also a requirement of G.A.S.B. 34.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Schedule of Compensation
City Arborists and Public Tree Maintenance Services
We have taken the liberty of including four options for your review. Please note all prices are negotiable based on budget and services rendered.
Option 1:
Grid Tree Trimming
All Trees* Block-by-Block Basis
Service Request Tree Trimming
Small Trees 0" - 6"
Medium Trees 7" - 16"
Large Trees 16" +
Arborist Services
Hourly
Administrative Support Services
Hourly
Tree Removal
Per Inch at DBH
Tree Planting
15-gal Tree
15-gal with Root Barrier
24" Box Tree
24" with Root Barrier
Crew Rental
Hourly Rate
(3 man crew with equipment)
Stump Grinding
Per Inch at DBH
$ 37.50
$ 25.00
$ 40.00
$ 55.00
$ 50.00
No Charge
$ 14.00
$ 105.00
$ 115.00
$ 175.00
$ 240.00
$ 115.00
$ 5.00
*This option includes a GPS inventory at no charge.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Option 2:
Grid Tree Trimming
City Arborists and Public Tree Maintenance Services
All Trees Block-by-Block Basis $ 35.50
Database Inventory Services
ArborPro Database System
GPS Site Collection Per Tree
Service Request Tree Trimming
Small Trees O" - 6"
Medium Trees 7" - 16"
Large Trees 16" +
Arborist Services
Hourly
Administrative Support Services
Hourly
Tree Removal
Per Inch at DBH
Tree Planting
15-gal Tree
15-gal with Root Barrier
24" Box Tree
24" with Root Barrier
Crew Rental
Hourly Rate
(3 man crew with equipment)
Stump Grinding
Per Inch at DBH
Due: May 27, 2003
$3,000.00
$ 2.50
$ 25.00
$ 40.00
$ 55.00
$ 50.00
No Charge
$ 14.00
$ 105.00
$ 115.00
$ 175.00
$ 240.00
$ 115.00
$ 5.00
Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Option 3:
City Arborists and Public Tree Maintenance Services
Grid Tree Trimming - Block By Block Basis*
0" - 6" Each
T - 12" Each
13"-18" Each
19"-24"
24" +
Each
Each
Service Request Tree Trimming
Small Trees 0" - 6"
Medium Trees 7" - 16"
Large Trees 16" +
Arborist Services
Hourly
Administrative Support Services
Hourly
Tree Removal
Per Inch at DBH
Tree Planting
15-gal Tree
15-gal with Root Barrier
24" Box Tree
24" with Root Barrier
Crew Rental
Hourly Rate
(3 man crew with equipment)
Stump Grinding
Per Inch at DBH
$ 20.00
$ 32.00
$ 39.00
$ 46.00
$ 55.00
$ 25.00
$ 40.00
$ 55.00
$ 50.00
No Charge
$ 14.00
$ 105.00
$ 115.00
$ 175.00
$ 240.00
$ 115.00
$ 5.00
*This option includes a GPS inventory at no charge.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
City of Stanton
Option 4:
Grid Tree Trimming
City Arborists and Public Tree Maintenance Services
All Trees* Block-by-Block Basis $ 43.00
Service Request Tree Trimming
Small Trees 0" - 6"
Medium Trees 7" - 16"
Large Trees 16" +
Tree Removal
Per Inch at DBH
Tree Planting
15-gal Tree
15-gal with Root Barrier
24" Box Tree
24" with Root Barrier
Crew Rental
Hourly Rate
(3 man crew with equipment)
Stump Grinding
Per Inch at DBH
$ 25.00
$ 40.00
$ 55.00
$ 14.00
$ 105.00
$ 115.00
$ 175.00
$ 240.00
$ 115.00
$ 5.00
*This option includes Arborist Services, Administrative Support Services, and GPS Inventory Services at no charge.
Due: May 27, 2003 Submitted By: Great Scott Tree Service, Inc.
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 22, 2023
SUBJECT: CITY OF STANTON QUALIFIED CONTRACTORS LIST FOR CALIFORNIA
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
REPORT IN BRIEF:
The City of Stanton’s Qualified Contractors List has been prepared in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) guidelines and associated Public Contract Codes.
RECOMMENDED ACTION:
1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Receive and file the Qualified Contractors List (Attachment A).
BACKGROUND:
CUPCCAA is legislation that was enacted in 1983 to help promote “uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state” (Section 22001). The Act is a voluntary program available to all public entities in the State, but it applies only to those public agencies that have “opted in” to the provisions set forth by the Act using the processes outlined in the Act. The entirety of the Act is found at Sections 22000-22045. In 2011, the City adopted Municipal Code Section 2.58.010 to opt in.
The CUPCCAA allows for public works projects in the amount of $60,000 or less to be performed by a public agency’s force account using the public agency’s own resources, or by negotiated contract, or by purchase order. Public Projects in the amount of $200,000 or less may use the informal or formal bidding procedures set forth in the Act. Public Projects at a cost of more than $200,000 must use formal bidding procedures pursuant to Public Contract Codes Section 22032(c).
Item: 9I
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The City released a “Notice Inviting Interested Contractors” soliciting applications to interested contractors to be placed on the City’s 2023 Contractors List. This list is designed so contractors can receive “Notice Inviting Bids” for informal projects under $200,000 in their work category per California Public Contract Code 22032. Only qualified contractors will be notified and eligible to bid on these Informal Bid Projects per Public Contract Code Section 22034.
Utilizing the City’s Business License report, businesses in Stanton were also notified to participate and be included in the City’s Contractors List. Staff also contacted the California Uniform Construction Cost Accounting Commission (CUCCAC) to confirm that the appropriate steps were taken in order to utilize the Contractor’s List.
ANALYSIS/JUSTIFICATION:
Utilizing the provisions of CUPCCAA is beneficial as it provides more flexibility in the execution of public works projects under a certain dollar amount; accelerates the award process; expedites project delivery; reduces the time, effort, and expense associated with bidding projects under $200,000; and simplifies administration for these projects.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Notifications and advertisement were performed as prescribed by law.
STRATEGIC PLAN OBJECTIVES:
Obj. No. 3: Provide a quality infrastructure.
Obj. No. 6: Maintain and promote a responsive, high-quality, and transparent government.
Prepared by: Han Sol Yoo, E.I.T., Associate Engineer
Reviewed by: Cesar Rangel, P.E., Public Works Director/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Qualified Contractors List
Qualified Contractors List
Company Name DBA Name CSLB Classification License #
Airwave Communications C-10 975444
Centrex B 924172
Demo & Abate, Inc. B, C-21, C-22, HAZ, ASB, A 1089899
Dulux Painting Depot Painting C-33 780020
FM Thomas FM Thomas Air Conditioning Inc B, C4, C20, C36, C38 313574 Integrated Demolition and Remodelation A, B, C-21, C-22, HAZ 1003504 Joey Boots Builders B 1065429
KYA B, C15, C61, D12 984827
Mesa Energy Systems DBA Emcor Services Mesa Energy 611215 Meyers Construction Co Meyers Services B, C-61, D38, C33, C53 988356 MJ Jurado, Inc. A 987670
Mission Paving and Sealing Mission Paving and Sealing Inc A, C8, C12, C27 624257 Newman Midland Corp. B 757755
Nowlin Fence Nowlin Fence, Inc C-13 281665
RJ Noble RJ Noble Company A, C-12 782908
Trueline Construction & Surfacing A, C-32 662625
U.S. National Corp Jimenez Painting Company B, C-33 813354 USA Shade USA Shade & Fabric Structures B 989458
Valverde Construction Valverde Construction, Inc. A, B, C-10, C-16, C-31, C-36 276469 Verne's Plumbing Verne's Plumbing, Inc. B, C-34, C-36 674077 Attachment: A
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ORDINANCE NO. 1132
PAGE 1 OF 4
ORDINANCE NO. 1132
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 5.74.045 OF CHAPTER 5.74 OF TITLE 5 OF THE STANTON
MUNICIPAL CODE REGARDING REGULATIONS ON SIDEWALK VENDING WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946; and
WHEREAS, in 2019, the City Council enacted regulations governing sidewalk vendors, ensuring compliance with the provisions set forth in SB 946; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and WHEREAS, the City is committed to fostering a vibrant and inclusive community that prioritizes the safety and well-being of its residents, particularly children and seniors; and WHEREAS, the City recognizes that certain locations within the public right of way, such as those near schools, youth centers, child and senior care facilities, and other related facilities, necessitate additional safeguards due to the unique vulnerabilities and potential risks associated with the presence of sidewalk vendors near these locations; and WHEREAS, vending within five hundred (500) feet of schools, youth centers, and childcare facilities impacts pedestrian and vendor safety due to overcrowding on sidewalks, which results in children and their caretakers walking in the street and along the sidewalk to keep moving forward; and
WHEREAS, sidewalk vendors operating near schools, youth centers, and child day care facilities can inadvertently impede after-school and post-meeting traffic flow and create potentially hazardous situations, leading to potential risks for the safety of children; and WHEREAS, the City recognizes the unique nature of schools, youth centers, and child day care facilities as sensitive receptors to potential noise and disruptive activities and finds it imperative to expand Section 5.74.045 of the Stanton Municipal Code to prohibit sidewalk vending near these areas in order to ensure the overall welfare and undisturbed operations of such facilities; and
Item: 11A
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ORDINANCE NO. 1132
PAGE 2 OF 4
WHEREAS, the City recognizes the importance of promoting the independence and autonomy of seniors residing in senior living facilities and other related facilities while simultaneously prioritizing their health and safety; and WHEREAS, senior living facilities often serve as a home for older adults who may have varying degrees of mobility, sensory impairments, or cognitive challenges, making it essential to create an environment that fosters their well-being and mitigates potential hazards associated with sidewalk vending; and
WHEREAS, the City recognizes the potential challenges faced by seniors with mobility impairments or visual limitations when navigating congested areas near senior living facilities, and limiting sidewalk vending in these areas ensures unobstructed pathways and enhances accessibility for seniors with diverse needs; and WHEREAS, senior living facilities often serve as a haven for seniors seeking a peaceful and secure environment, and the restriction of sidewalk vending near these facilities aims to maintain the tranquility and serenity conducive to their physical and emotional wellbeing; and WHEREAS, the adjacency of sidewalk vendors near care facilities may inadvertently attract children and seniors with specialized care needs to venture off-site unaccompanied despite potential challenges they may face when doing so alone; and WHEREAS, by expanding Section 5.74.045 of the Stanton Municipal Code, the City aims to address the aforementioned safety concerns that may arise from congestion or obstruction caused by sidewalk vendors operating within five hundred (500) feet of schools, child and senior care facilities, and other related facilities; and WHEREAS, these restrictions are enacted with the primary objective of safeguarding the well-being of children and seniors, minimizing potential hazards, and promoting a secure environment for all residents while supporting the vitality of the City's sidewalk vending program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2: CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal.
Code Regs. § 15061(b)(3). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
ORDINANCE NO. 1132
PAGE 3 OF 4
SECTION 3: Subsection (X) of Section 5.74.045 of Chapter 5.74 of Title 5 of the Stanton Municipal Code is hereby amended and restated to read as follows:
“(X) No vending shall occur within five hundred feet of any public or private academic school for elementary, junior high, or high school students, general day care centers, and youth centers. For purposes of this section, “youth center” means any public or private facility that is primarily used to host recreational or social activities for children, including, but not limited to, private youth membership organizations or clubs such as the Boys and Girls Club.”
SECTION 4: Subsection (FF) is hereby added to Section 5.74.045 of Chapter 5.74 of Title 5 of the Stanton Municipal Code to read as follows:
“(FF) Vending shall not occur within five hundred feet of a residential care facility for the elderly, as defined in Section 20.700.040, that is located in a multifamily, industrial, or commercial zone. The City shall maintain a list of residential care facilities for the elderly in the multifamily, industrial, and commercial areas and shall include such list in the sidewalk vending application or upon written request. Sidewalk vendors shall be responsible for knowing the locations of residential care facilities for the elderly in the multifamily, industrial, and commercial zones.”
SECTION 5: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.
The City Council of the City of Stanton hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6: Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
SECTION 7: Publication. The City Clerk shall certify to the adoption of this Ordinance.
Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.
ORDINANCE NO. 1132
PAGE 4 OF 4
PASSED, APPROVED, AND ADOPTED this 22nd day of August, 2023.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1132 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 8th day of August, 2023 and was duly adopted at a regular meeting of the City Council held on the 22nd day of August, 2023, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 22, 2023
SUBJECT: CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES
FUNDRAISER FOR MAUI RELIEF
REPORT IN BRIEF:
Per the City’s Sponsorship Program, Friends of Families is requesting co-sponsorship of a fundraiser to support relief efforts for Maui. The sponsorship request is for in-kind consideration of marketing and outreach. At its meeting on August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTIONS:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine the status of the Friends of Families sponsorship request for cosponsorship.
BACKGROUND:
At its meeting on August 23, 2022, the Council approved a City Administrative Policy for a City Sponsorship Program. The policy sets forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
The goals and objectives of the approved City Sponsorship Program are as follows:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
Item: 12A
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2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions outlined in the policy. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact on City resources. The City Council also outlined that if sponsorships are in-kind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
ANALYSIS/JUSTIFICATION:
The Friends of Families community group submitted a verbal request for sponsorship on August 17, 2023. The request solicits support for a fundraiser in partnership with Rodeo 39 to support relief efforts in Maui. Requested items include:
• Promotion of the event through the City’s various communication channels, including but not limited to, social media channels (including use of the City logo), City website, City e-Newsletter, and displaying the event on the electronic boards in front of City Hall and Stanton Central Park.
Upon review of the request, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.
FISCAL IMPACT:
There is no fiscal impact associated with the request. This is the sixth sponsorship request reviewed by the Council. The current sponsorship status is provided below:
Number of Requests
Approved To-Date Funds Granted To-Date
In-Kind Consideration
Granted To-Date
6 $0 $1,059
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
None.
3 STRATEGIC PLAN OBJECTIVES ADDRESSED:
Obj. No. 4: Ensure fiscal stability and efficiency in governance.
Obj. No. 5: Provide a high quality of life.
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
Prepared by: Zenia Bobadilla, Community Services Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Sponsorship Request – Friends of Families
Two signatures by the appropriate Corporate Officers or Board Members are required.
By signing, I/we agree to the guidelines of the City Sponsorship Program. ___________________________________________
Name of Organization
___________________________________________
Print Name/Title (Must be President or Vice President)
___________________________________________ __________________ Signature Date
___________________________________________
Print Name/Title (President, Vice President, Treasurer, or Secretary)
___________________________________________ __________________ Signature Date
Friends of Families
David Shawver
George Grachen
8/17/2023
8/17/2023
Friends of Families submitted a verbal request for co-sponsorship of a fundraiser at Rodeo 39 to support relief efforts in Maui. They are requesting marketing assistance and use of the City's communication channels. Proof of non-profit status has been submitted and approved by the City.
Attachment: A
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1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 22, 2023
SUBJECT: FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT
AGREEMENT, APPROPRIATION OF FUNDS, AND RESOLUTION
REGARDING AMENDMENT TO EMPLOYEE BENEFITS AND SALARY
RATES
REPORT IN BRIEF:
For consideration is the First Amendment to Employment Agreement between the City and Hannah Shin-Heydorn regarding the position of City Manager. If the amendment is approved, then funds should be accordingly appropriated, and the City’s employee benefits and salary rates resolution should also be amended.
RECOMMENDED ACTIONS:
1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) - continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy, and procedures making; and
2. Authorize the Mayor to approve and execute the First Amendment to Employment Agreement with Hannah Shin-Heydorn; and
3. Appropriate $5,100 from the General Fund (#101) available fund balance and $900 from the Housing Authority Fund (#285) available fund balance for Fiscal Year 2023/24; and
4. Adopt Resolution No. 2023-24 amending the Employee Benefits and Salary Rates, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, REGARDING EMPLOYEE BENEFITS AND SALARY
RATES FOR ALL CLASSES OF EMPLOYMENT”.
BACKGROUND AND ANALYSIS/JUSTIFICATION:
Item: 12B
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2 On June 28, 2022, the City Council approved an Employment Agreement to retain Hannah Shin-Heydorn as City Manager. The Council recently completed Mrs. ShinHeydorn’s annual review and performance evaluation pursuant to the terms of the Employment Agreement. As a result of a positive evaluation, the Council authorized a six percent increase in her base salary as of July 2, 2023.
The City Council also authorized an increase to the maximum balance of Mrs. ShinHeydorn’s accrued comprehensive leave hours to 480 hours. The proposed contract amendment also increases the maximum balance of unused comprehensive leave hours for which Mrs. Shin-Heydorn may receive payment. That amount is now 275 hours, annually, pursuant to Section 11 of the Employment Agreement. The Council directed the City Attorney to prepare the attached First Amendment to Employment Agreement, accordingly.
In addition to memorializing these changes in the City Manager’s contract, these changes would also be documented in the City’s amended employee benefits and rates resolution. (Attachment 3.)
FISCAL IMPACT:
The proposed amendment increases the Fiscal Year 2023/24 cost for the City Manager position by approximately $6,000. This position is funded by the General Fund (#101) and the Housing Authority Fund (#285). Staff is requesting a total appropriation of $6,000 for the Fiscal Year 2023/24 budget to be funded from the General Fund ($5,100) and the Housing Authority Fund ($900).
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) - continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy, and procedures making.
LEGAL REVIEW:
The City Attorney has prepared this item.
PUBLIC NOTIFICATION:
3 Public notice for this item was made through the normal agenda process.
Prepared by: HongDao Nguyen, City Attorney
Reviewed by: Sylvia Soong, Interim Human Resources Manager Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: HongDao Nguyen, City Attorney
Attachments:
A. Proposed First Amendment to Employment Agreement
B. Employment Agreement
C. Resolution No. 2023-24
• Exhibit A: City Compensation Plan Salary Ranges
• Exhibit B: Revised Monthly Salary Schedule
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF STANTON AND HANNAH SHIN-HEYDORN
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the "First Amendment") is made and entered into effective August 22, 2023 between the CITY OF STANTON, a municipal corporation ("City") and HANNAH SHIN-HEYDORN ("Shin-Heydorn") as follows:
WHEREAS, City and Shin-Heydorn entered into that certain Employment Agreement to employ the services of Shin-Heydorn as City Manager of City dated June 28. 2022 (“Agreement”); and WHEREAS, it is the desire of the City Council of the City ("Council"), to secure and maintain the services of Shin-Heydorn and to provide inducement for her continued employment; and WHEREAS, City and Shin-Heydorn now desire to amend the Agreement in order to increase the maximum balance of accrued comprehensive leave hours and increase the maximum balance of unused comprehensive leave hours for which she may receive payment pursuant to Section 11 of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, City and ShinHeydorn agree as follows:
Section 1 — Comprehensive Leave. Section 11 of the Agreement is hereby amended in its entirety to read as follows:
“In lieu of sick, vacation, administrative, or any other paid leave, Shin-Heydorn shall accrue annually up to a maximum of four hundred (480) hours of comprehensive leave. The City shall provide an initial balance of four hundred (480) hours on July 2, 2023. On June 30 of each year, Shin-Heydorn shall be paid, at the then current rate of pay, for all unused accumulated comprehensive leave up to a maximum of two hundred and seventy five (275) hours. After any such sell back of comprehensive leave under the previous sentence, any unused accumulated comprehensive leave remaining shall be carried forward to the following year. On July 1 of each year, the total amount of comprehensive leave available to Shin-Heydorn shall be replenished to reach the maximum comprehensive leave accumulation limit of four hundred eighty (480) hours.
In the event that Shin-Heydorn voluntarily leaves the employ of the City, she shall receive in her final pay all accumulated but unused comprehensive leave at the then current rate of pay.”
Section 2 — Remaining Provisions. Except as specifically set forth in this First Amendment, the remaining provisions of the Agreement shall continue in full force and effect.
Attachment: A
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IN WITNESS WHEREOF, City and Shin-Heydorn have executed this First Amendment as of the day and year first written above.
CITY OF STANTON EMPLOYEE
________________________________ _______________________________ David J. Shawver, Mayor Hannah Shin-Heydorn, City Manager ATTEST:
_________________________________
Patricia A. Vazquez, City Clerk
APPROVED AS TO FORM
_________________________________
Best Best & Krieger, LLP
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF STANTON AND HANNAH SHIN-HEYDORN
THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into effective June 28, 2022 between the CITY OF STANTON, a municipal corporation ("City") and HANNAH SHIN-HEYDORN ("Shin-Heydom") as follows:
WHEREAS, City desires to employ the services of Shin-Heydom as City Manager of City, as provided by the City Municipal Code, and
WHEREAS, it is the desire of the City Council of the City ("Council"), to provide certain benefits, establish certain conditions of employment and to set working conditions of Shin-Heydorn, and WHEREAS, it is the desire of the Council to (1) secure and retain the services of Shin-Heydorn and to provide inducement for her to remain in such employment, (2) to make possible full work productivity by assuring Shin-Heydorn's morale and peace of mind with respect to future security, and (3) to provide a means of terminating Shin-Heydorn's services if City may desire to terminate her employ; and
WHEREAS, Shin-Heydorn desires to accept employment, on an at-will basis, as City Manager of City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
Section 1 -Employment
City hereby agrees to employ Shin-Heydorn as City Manager to perform the functions and duties specified in the City Municipal Code and the Government Code of the State of California, and Shin-Heydom agrees to accept such employment. Shin-Heydorn shall perform the duties and responsibilities imposed by law, industry standards, and responsibilities and duties as specified in Exhibit "A," and such legally permissible further duties and functions as shall, from time to time, be assigned by the Council.
Shin-Heydorn shall devote such time, interest, and effort to the performance of her duties as may be reasonably necessary to fulfill the above requirements. Shin-Heydorn agrees to perform such services to the best of her ability, in an efficient and competent manner consistent with the standards of the profession. Due to the nature of the City Manager position, it is understood that flexibility is required for Shin-Heydorn's work schedule at Shin-Heydom's reasonable discretion.
Without limiting the generality of the foregoing, Shin-Heydorn understands and agrees that the position is an exempt, salaried, full-time position with regular required office hours Monday through Thursday, and night and weekend hours, when in the best interests of the City.
Section 2 -Term
The Agreement shall be effective as of June28, 2022, however, Shin-Heydorn's start date shall be July 18, 2022 (the "Anniversary Date") and shall continue unless terminated by the parties as set forth in the Agreement.
1 Attachment: B
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Section 3 Termination and Severance Pay
A. By Shin-Heydorn
Shin-Heydorn may terminate this Agreement upon giving at least 30 days' written notice of resignation to City, or sooner by mutual agreement. In the event that Shin-Heydorn exercises her right to terminate this Agreement by giving at least 30 days' notice, or sooner by mutual agreement, Shin-Heydorn will not be entitled to the severance benefits as set forth below in this Agreement or to any other similar termination benefits under law or City rules or regulations, provided however, that Shin-Heydorn will be entitled to payment for work performed through her resignation date and accrued comprehensive leave, as set forth below, as well as any benefits required by applicable law. This Agreement shall automatically terminate upon Shin-Heydom's death, retirement, or permanent incapacity (a disability or medical condition which cannot be reasonably accommodated by City and upon completion of any other legally required process), which effectively operate as a resignation.
B. ByCity
The Parties understand and agree that Shin-Heydom, in her capacity as City Manager is "atwill" and serves at the pleasure of the Council, subject to termination pursuant to the terms of the Agreement without cause, and with no right to any hearing or appeal, including any "Skelly conference", other than the rights expressly provided in the Agreement. The City may terminate this Agreement, and Shin-Heydom's employment either at-will or for cause, as set forth below, by a majority vote of the whole Council.
1. At-Will: City may terminate this Agreement, without cause and with or without notice. In the event that this Agreement is terminated without cause, Shin-Heydorn shall be entitled to severance benefits under this Agreement, consistent with the requirements as set for below in Paragraph 3, D. Shin-Heydorn may not be terminated under this provision for at-will termination by the City within ninety (90) days preceding or following a City General Municipal Election where one or more Council seats are contested on the ballot of such election (the "election cool-off period"). However, should Council determine by a majority vote of the whole Council to terminate Shin-Heydorn at-will (without cause) during the election cool-off period, Shin-Heydorn shall be entitled to the severance provided in Section 3(C) below, plus an addition one (1) months' severance, subject to the conditions for receiving severance set forth below.
2. For Cause Termination: City may terminate this Agreement "for cause" as defined below. Shin-Heydom will not be entitled to severance if her employment is terminated by City at any time for cause. Cause for termination shall be defined for purposes of this Agreement as: (i) malfeasance, (ii) gross negligence, (iii) fraud, (iv) serious misconduct (substantiated through an independent investigation) which would constitute a violation of City policy, or state or federal law, (v) moral turpitude, or (vi) conviction of a felony on the part of ShinHeydom. Conviction for purposes of this Agreement includes a judgment entered after a trial, plea of guilty or plea of nolo contendere.
2 C. Severance: In the event that Shin-Heydorn's employment is terminated by Council without cause ("at-will"), during the term of this Agreement and while Shin-Heydorn is willing and able to perform the duties of City Manager, Shin-Heydorn shall be entitled to a lump sum cash settlement, equal to twelve (12) months' base pay, six (6) months of which will be paid by the City and the other six ( 6) months will be payable based on insurance coverage obtained by the City through the California Joint Powers Insurance Authority or similar City insurer, subject to the tenns of that insurance. As set forth above, in Section 3(B)(l ), if Shin-Heydorn is terminated during the election cool-off period, the amount of severance will be increased by one (1) month, for a total of thirteen (13) months' severance. The amount is calculated on base pay, exclusive of incentive or bonus pay, benefits and other non-cash remuneration, except health benefits which will be continued, at the same level of City contribution provided Department head level employees ( and at the same coverage election as at the time of termination), for the same period as the severance or until Shin-Heydorn begins other employment, whichever occurs first. To receive severance, Shin-Heydorn must execute a Settlement Agreement and General Release satisfactory to the City. In the event Shin-Heydorn elects not to sign the Settlement Agreement and General Release, Shin-Heydorn will not be entitled to severance pay.
Shin-Heydorn will not be entitled to severance if her employment is terminated by the Council at any time for cause, or if Shin-Heydorn resigns, retires or cannot perform the essential functions of the position even with reasonable accommodations due to death, a medical condition or disability.
D. General Waiver and Release: The promise and tender of payment to Shin-Heydorn, of any severance compensation payable herein, is in lieu of any damages which Shin-Heydorn might claim arising out of the termination of the employment relationship between the parties, including lost wages, breach of contract, express or implied, breach of covenant of good faith and fair dealing, emotional distress and anxiety, or any similar contractual and personal injury claims.
E. Abuse of Office: Pursuant to Government Code section 53243, et seq., ifShin-Heydorn is convicted of a crime involving an abuse of her office or position, as defined below, all of the following shall apply upon final conviction: (1) if City Manager is provided with administrative leave pay pending an investigation, Shin-Heydorn shall be required to fully reimburse such amounts paid (2) if City, in its discretion, pays for the criminal legal defense of City Manager, Shin-Heydorn shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cash settlement related to tlie tennination that Shin-Heydorn may receive from City shall be fully reimbursed to City. For purposes of this Section, "abuse of office or position" means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority as those crimes are specifically defined under specific provision of California statute, or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the Penal Code or as specifically defined under separate provision of California statute.
F. Shin-Heydorn hereby expresses her intent to remain as City Manager for a period of not less than three (3) years from the date of execution of this Agreement. Shin-Heydorn and Council agree that should Shin-Heydorn be offered other employment, she shall advise 3 Council of her intent to accept the offer and provide Council the opportunity to meet with her to discuss the offer and other matters as might be desirable by either party. In the event Shin-Heydom voluntarily resigns her position with the City, Shin-Heydorn shall give City a minimum of thirty (30) days' written notice in advance, as set forth above.
Section 4 - Salary
As of July 18, 2022, the City agrees to pay Shin-Heydom for her services rendered pursuant hereto a monthly base salary of nineteen thousand one hundred and sixty-seven dollars ($19,167.00), payable in installments at the same time as other employees of City are paid. In addition, by July 1, 2023 and July 1, 2024, City agrees to increase her base salary by six (6) percent in each year pending a satisfactory performance evaluation, as set forth in Section 14 of this Agreement. During Shin-Heydorn's first three years of employment, she will not be entitled to receive the cost ofliving increases (COLAs) provided to other employees. On her Anniversary Date, following the first three years of full employment, City will consider potential increases to Shin-Heydorn's salary (including COLAs) based on performance, comparative salaries and the finances of the City. Shin-Heydorn's compensation may not be reduced during the term of this Agreement, except that if the Council finds it necessary to reduce salaries of all Department head level employees, Shin-Heydom's salary may be reduced by no more than the average salary reduction of Department head level employees. A reduction of Shin-Hedom's salary by an amount in excess of this will be considered a termination ofShin-Heydorn's employment without cause, unless Shin-Heydom specifically agrees to the modification in writing.
Section 5 -Benefits
Shin-Heydorn shall receive the same fringe benefits provided to other Department head level employees, as may be established and amended from time to time, unless specifically amended by this Agreement.
Section 6 -Automobile/Telephone
The City agrees to pay to the Shin-Heydorn one hundred dollars ($100.00) per month cellular telephone allowance, which shall be paid in equal installments in each pay period.
The City also agrees that upon proof of insurance coverage in an amount acceptable to the City, the City shall provide Shin-Heydorn with a Four Hundred Dollar ($400) monthly automobile allowance. Shin-Heydom agrees to adhere to all laws, regulations, and City policies applicable to vehicles, driving, or traffic when operating her vehicle on City-related business.
Section 7 -Holidays Benefits
Shin-Heydorn shall be entitled to the same holidays as other department head level City employees.
Section 8 -Health, Disability and Life Insurance
A. City agrees to provide medical, dental and v1s10n coverage for Shin-Heydorn commensurate with the standard department head employee health benefits. 4 B. City also agrees to provide Shin-Heydom short-tenn and long-term disability insurance coverage commensurate with the standard City employee program.
C. City also agrees to provide a term life insurance policy equal to a maximum of one hundred and fifty thousand ($150,000.00).
Section 9 - Retirement
City agrees to execute all necessary agreements to enroll Shin-Heydom in the California Public Employees Retirement System ("CalPERS") commensurate with the standard City employee retirement benefits program, as that program may be changed from time to time.
Section 10 -Deferred Compensation
Shin-Heydom may, at her own cost, participate in the City's deferred compensation program.
Section 11 - Comprehensive Leave
In lieu of sick, vacation, administrative, or any other paid leave, Shin-Heydorn shall accrue annually up to a maximum of four hundred ( 400) hours of comprehensive leave. The City shall provide an initial balance of four hundred ( 400) hours on July 18, 2022. On June 30 of each year, Shin-Heydom shall be paid, at the then current rate of pay, for all unused accumulated comprehensive leave up to a maximum of two hundred and twenty five (225) hours. After any such sell back of comprehensive leave under the previous sentence, any unused accumulated comprehensive leave remaining shall be carried forward to the following year. On July 1 of each year, the total amount of comprehensive leave available to Shin-Heydom shall be replenished to reach the maximum comprehensive leave accumulation limit of four hundred ( 400) hours.
In the event that Shin-Heydom voluntarily leaves the employ of the City, she shall receive in her final pay all accumulated but unused comprehensive leave at the then current rate of pay.
Section 12 - Dues and Subscriptions
City agrees to pay for the professional dues and subscriptions of Shin-Heydom necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the City.
Section 13 Professional Development
A. City hereby agrees to pay the travel and subsistence expenses of Shin-Heydorn for professional and official travel, meetings and occasions adequate to continue the professional development of Shin-Heydom and to adequately pursue necessary official and other functions for City, including but not limited to, International City and County Management Association, California City Management Foundation and League of California Cites and other professional associations.
5 B. City also agrees to pay for the travel and subsistence expenses of Shin-Heydom for short courses, institutes and seminars that are necessary for her professional development and for the good of the City.
C. City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Shin-Heydom, and hereby agrees to pay said general expenses subject to submission of written receipts and documentation of such expenses.
Section 14 -Performance Evaluation
A. The Council shall review and evaluate the performance of Shin-Heydom at the one year anniversary of the Auniversary Date and at least once annually thereafter. A full, formal review and evaluation shall be conducted each year on or before the anniversary date of the Auniversary Date. The Mayor of City shall provide Shin-Heydom with a summary written statement of the findings of the Council and provide an adequate opportunity for ShinHeydom to discuss her evaluation with the Council. Said criteria may be modified as the Council may from time to time determine in consultation with Shin-Heydom.
B. Annually, the Council and Shin-Heydorn shall define such goals and performance objectives which they determine necessary for the proper operation of the City, and in the attainment of the Council's policy objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided.
Section 15 -Indemnification
In accordance with and consistent with applicable law, City shall provide Shin-Heydom with indemnification from and against any and all claims, actions, or causes of action of any kind for which Shin-Heydom may be held liable and which arise out of or relate to Shin-Heydom's performance of her job duties at City.
In addition and in accordance with and consistent with applicable law, City shall defend, at City's expense and with counsel of City's choosing any action, claim, or proceeding in which ShinHeydorn is named and which alleges actions on the part of Shin-Heydom, or failures to act, within the scope of the above-referenced indemnity obligation.
Any funds provided for the legal criminal defense of Shin-Heydorn, if such were authorized, shall be fully reimbursed to City if Shin-Heydom were convicted of a crime involving an abuse of her office or position, in accordance with Government Code section 53243.1.
Section 16 - Bonding
City shall bear the full cost of any fidelity or other bonds required of Shin-Heydom, acting as City Manager of the City, under any law or ordinance.
Section 17 -Other Terms and Conditions of Employment
6 A. The Council, in consultation with the Shin-Heydorn, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance ofShin-Heydorn, provided such terms and conditions are not inconsistent with or in conflict with the provisions of the Agreement or State or Federal law.
B. All provisions of the City Municipal Code and regulations and rules of City relating to vacation and sick leave, retirement and pension system contributions, life insurance, holidays and other fringe benefits and working conditions as they now exist, or thereafter may be amended, which apply to department head level City employees, except as otherwise set forth herein, shall also apply to Shin-Heydorn.
Section IS-Notices
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid and addressed as follows:
I. City
2. Shin-Heydorn
City of Stanton
7800 Katella A venue
Stanton, CA 90680
Hannah Shin-Heydorn
Address on file
Alternatively, notices required pursuant to the Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 19 -General Provisions
A. The text herein shall constitute the entire Agreement between the parties; B. The Agreement shall become effective as provided herein.
C. No provision of the Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing by the City and Shin-Heydorn.
D. The Agreement shall be binding upon, or shall inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the parties provided however, that Shin-Heydorn may not assign Shin-Heydorn's obligations hereunder.
E. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal proceeding which may be initiated by either party relating to this Agreement shall be brought in the courts of Orange County, California or in the Central District of California.
F. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion 7 thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
G. Shin-Heydorn acknowledges that she has had the opportunity to consult legal counsel in regard to this Agreement, that she has read and understands this Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in the Agreement.
IN WITNESS WHEREOF, the City and Shin-Heydorn have signed and executed the Agreement as of the day and year first above written.
CITY OF STANTON EMPLOYEE
APPROVED AS TO FORM:
Best� Krieger
8 CITY OF STANTON
Job Title: City Manager
Salary Range:
SUMMARY DESCRIPTION
Department: Administration
Reports to: City Council
Assumes a variety of professional and highly complex administrative functions in the oversight of City operations, finances and personnel; provides support and advisory assistance to the City Council on City issues and matters requiring legislative action; serves as the Chief Administrative Officer of the City responsible for providing effective municipal services through administrative direction of City departments in accordance with policies established by the City Council.
ESSENTIAL FUNCTIONS AND BASIC DUTIES
Under general policy direction provided by the City Council, directly supervises senior management staff in implementing and achieving departmental objectives and the City's strategic goals and initiatives.
Duties may include, but are not limited to, the following:
• Directs and participates in the development and implementation of long range goals as well as operational policies, programs and priorities for consideration and approval by the City Council. • Prepares accurate information and appropriate recommendations on policy matters to aid the City Council in decision-making.
• Coordinates and reviews all City Council agenda items to provide the City Council with timely, adequate information for each meeting.
• Oversees all City operations and activities; ensures that departmental objectives, policies and priorities support and meet City Council strategic goals. • Continuously monitors the efficiency and effectiveness of City operations through communication and follow up with department heads.
• Analyzes, interprets and explains management policies and procedures and initiates revisions when necessary.
• Establishes appropriate service and staffing needs; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures. • Participates in the development and administration of the City budget; negotiates contracts and permits required by various administrative, fiscal and special projects. • Conducts legislative analysis to determine the effect of proposed legislation on City operations and finance.
• Coordinates the City's working relationships with local, regional, state and federal public agencies on issues and problems affecting the City.
• Assesses community expectations and service requirements; ensures prompt and appropriate response of City departments to citizens' requests for service and complaints. • Serves as liaison between City administration and community organizations and citizens; participates in a variety of boards, commissions, professional groups and committees. • Acts as the Director of Emergency Services when the City's Emergency Operations Center is activated.
• Serves as the Executive Director of the Redevelopment Agency and the Housing Authority.
Page I City Manager
• Coordinates law enforcement, fire protection, animal control and crossing guard services. • Performs related duties and responsibilities as assigned.
KNOWLEDGE
• Principles and practices of public administration, municipal planning, economic development, personnel management, finance and public relations.
• Methods and techniques of policy development and implementation. • Principles and techniques of municipal budget preparation and administration. • Principles of supervision, training and performance evaluation. • Advance research methods and basic report preparation. • Pertinent Federal, State, and local laws, codes and regulations. • Safe driving principles and practices.
ABILITIES/SKILLS
• Administer a variety of citywide programs, services and budgetary activities. • Review proposed and existing policies and procedures to ensure optimum efficiency and effectiveness in service delivery methods.
• Plan, organize, direct and coordinate the work of supervisory, professional, and technical personnel; delegate authority and responsibility.
• Identify and respond to community and City Council issues, concerns and needs. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.
• Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner.
• Prepare clear and concise administrative and financial reports. • Operate modern office equipment including personal computer and applicable software programs. • Interpret and apply Federal, State and local policies, procedures, laws and regulations. • Communicate clearly and concisely, both orally and in writing. • Establish, maintain and foster positive and harmonious working relationships with those contacted in the course of work.
EXPERIENCE/TRAINING/EDUCATION
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
• Five years of responsible professional experience in municipal government administration including three years of administrative and supervisory experience. • Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, business administration, or related field. A Master's degree is desirable.
LICENSE/CERTIFICATE
• Possession of, or ability to obtain, an appropriate, valid California driver's license.
Page2 City Manager
PHYSICAL ACTIVITIES AND REQUIREMENTS
• Ability to work in a standard office environment requiring prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, crouching and stooping in the performance of daily activities.
• Occasional pushing, pulling, dragging and lifting office items weighing 25 lbs. • Movements frequently and regularly require using the wrists, hands and fingers to operate computers and office equipment.
• Willingness to work variable hours including nights, weekends and/or holidays. • Ability to hear and convey detailed or important instructions or information verbally and accurately. • Average visual acuity to prepare and read documents.
• Ability to communicate with both the public and co-workers in a clear and concise manner. • Adapt to standard office sounds generated by office equipment as well as standard noise levels resulting from communication with co-workers and the general public.