EMERGENCY ON-CALL TREE SERVICES, OM-22-051
APRIL 29, 2022
(Updated 12/31/20)
CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a munic ipal corporation (“CITY), and WEST COAST ARBORIST STATE OF CALIFORNIA CORPORATION, with a business address at 2200 E VIA BURTON STREET, ANAHEIM, CA 92806, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the EMERGE NCY ON-C ALL TREE SERVICES (PROJECT NO. OM-22-051), hereinafter referred to as “SERVICE”.
RECITALS
A. CONTRA
CTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. CONTRA
CTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.
C. CONTRA
CTOR represents that it will pay all required prevailing wa ges under California Labor Code for all services provided that have a wage determination.
D. CITY f
inds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.
NOW T
HEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place , and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.
CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and
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reimbursement for costs shall not exceed $604,800.00 with an annual cost not to exceed $201,600.00 or as otherwise mutually agreed to in a Contract Change Order.
Pursuant
to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices
submitted by CONTRACTOR to C ITY must contain a brief
description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon complet
ion of work and acceptance by C ITY, CONTRACTOR shall
have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by C ITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.
3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
CONTR
ACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit C, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a r
equirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
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The Addit
ional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limi
ts of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All self-ins
ured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Polici
es containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY
reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTR
ACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.
CONTRACTO
R agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, CONTRACTOR shall indemnify, protect, defend with counsel approved by CITY and at CONTRACTOR’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials,
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representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of CONTRACTOR to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With exc
eption that this section shall in no event be construed to require indemnification, including the duty to defend, by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, the parties agree that CONTRACTOR’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors.
CONTRACTOR’S duties and obligation s to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligation or fault has been determined. CONTRACTOR shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse CONTRACTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for the damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the ex
ception that this section shall in no event be const rued to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against all
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claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable workers compensation insurance. CONTRACTOR’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR under workers’ compensation acts, disability acts, or other employee benefit acts.
CONT
RACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.
CONT
RACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
If any
section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on JUNE 30, 2025 , unless extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Titl
e VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The Cit
y of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
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The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder s
hall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTR
ACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CON
TRACTOR performing the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CO
NTRACTOR choose to work on a Saturday, Sunday or
on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the
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request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of t his contract.
iii. The CON
TRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CO
NTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursua
nt to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
7. CHANGE ORDERS . CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as
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may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.
Any such c
hanges will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
8. RIGHTS AND DUTIES OF CITY. CI TY shall make available to CONTRACTOR all data and information in the possession of C ITY which both parties deem necessary to complete the work, and C ITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of C ITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.
11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the C ity for any purpose.
All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the C ITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
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a. If in the
performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. It is
further understood and agreed that CONTRACTOR must issue W- 2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an inde
pendent contractor, CONTRACTOR hereby indemnifies and
holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer - employee relationship exists by reason of this Contract.
12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.
CONTRACTOR shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To CONTRACT
OR: West Coast Arborists, Inc. To City: Public Works Director 2200 E. via Burton Street City of Stockton
Anaheim, CA 92806 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this C ontract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTO
R agrees that CITY or its delegate shall have the right to review,
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obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.
CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.
17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY . CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DISPUTE RESOLUTION. Prior to undertaking any litigation , the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
1. Venue
Any c
ontroversy or claim between the P arties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, wher e applicable, in the f ederal D istrict Court of California, Eastern District, Sacramento Division.
2. If any li
tigation action or proceeding is commenced in connection with this Agreement, the prevailing Party , as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.
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22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.
23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications . This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON WEST COAST ARBORISTS, INC.
By: By:
HARRY BLACK Signature
CITY MANAGER
ATTEST:
Print Name
By:
ELIZA R. GARZA, CMC Title:
CITY CLERK
APPROVED AS TO FORM:
By:
DEPUTY CITY ATTORNEY
3DJHRI
$77$&+0(17$
Patrick Mahoney
President
COASTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSSTSTSTSTSTSSTSTSTSSTSTSTSTSSSTSSTSTSTSTSTSTSSSTSTSSSTSSSTSSSTSSSTSSSSSSSSSS ARBRBRBRRRBRBRBRBRBRBRBRBRBRRRRRRRRRBRRBRBRBBBBRBRRBRBRBBBRBRRBRBRBRBRBRBRBBBRBRBRRRBRBRBRBBRRRBRBRBRBRRRRRRRRBRBRBRBRBRBRBRBRRRRRRBRRBRBRBRBRBRRRRRRBRBRBRBRBRBRBRBRRRRBRBRBRBRRRRRRBRBRBRBRBRBRRRBRBRBRBRRBOROROROOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ISTS, Signature
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
EMERGENCY ON‐CALL TREE SERVICES
PROJECT NO. OM‐22‐051
Mandatory Job Walk: N/A
Bid Opens: Thursday, April 28, 2022 2 p.m.
CONTRACTOR MUST HAVE A CLASS “C‐61” and “D‐49” LICENSE
EXHIBIT A
ATTACHMENT A
Emergency On-Call Tree Services
Project No. OM-22-051
1.0 GENERAL DESCRI PTION OF WORK
The City of Stockton is seeking bids from State licensed contractors for a multi-year contract for emergency on-call tree services as set forth her ein, in compliance with all applicable laws,
regulations, policies and procedures. The work described herein is for emergency tree services, including disposal, throughout the City of Stockton. The contractor shall provide all necessary labor, tools, equipment, materials, and incidental s to competently complete the work and properly dispose of all materials generated according to the most recent “Best Practices” of the industry. The contractor shall be responsible for providing a crew with equipment during the weekdays, weekends, holidays and at all hours (24 hour per day , 7 days per week) to address tree related emergencies. Rates provided by the contractor in the bid schedule shall apply to all hours of the day, and all days of the week, including holidays. Work locations may include, but not be limited to, residential front yards, “par k way strips” between the sidewalk and curb, landscaped street right of wa y and tree wells. The work will include emergency on-call tree services consisting of a variety of tasks including, but not limited to, clearing of City right of way, disposal of materials and notification of City staff. The selected contractor will work closely with City staff. The quantities in the bid schedule are estimated annual amounts. The actual amount paid will depend on the amount of work performed.
2.0 SCOPE OF WORK
● Contractor shall provide a standard crew and equipment to respond to tree related emergencies. The minimum crew size is to be three (3) crew members and one (1) lead person, a chipper van, chipper and an aerial lift truck and/or front loader. In the event a crane is required, contractor will provide the
crane and operator. Crane operator may be
one of the standard crew members referenced above; however, crane operator must be certified as recognized by the National Co mmission for the Cert ification of Crane Operators (NCCCO).
● Contractor will be provided with the emer gency locations via telephone by a City authorized representative (City Supervisor, Parks Manager or Fire Communication staff) and will perform tree services as requested by City staff. Emergency response time will be within one (1) hour of receipt of call from City staff, and City staff calls may be at any time of day, 7 days per week, holidays included. The contractor s hall not charge more than 1-hr time for any City staff call that is c ancelled by the City, r egardless of status of dispatch of the Contractor’s crew.
● Tree services shall include, but not be limited to, removal of downed tree or limbs from City property, downed trees or tree limbs blo cking a right-of-way area, on a vehicle, blocking access to a home or business, on a house or broken and hanging limbs.
Contractor will assess the affected area and perform services to ensure public safety.
EXHIBIT A
ATTACHMENT A
● Contractor will provide City representative with a twenty-four (24) hour emergency phone number.
● Contractor shall be required to provide all necessary traffic control during the course of all emergency work as shown in Section 9.0, Traffic Control and subject to City approval.
Should the work involve any high voltage powe r lines or any utility lines the contractor shall be required to notify the responsible utility company. ● Contractor shall comply with all federal, state and local safety regulations. ● Contractor shall hold a valid, current and active C-61/D-49 Contractor’s license. ● Contractor shall submit invoices every tw o weeks to the City representative/project manager. Invoices will be paid within 30 days of approval by City staff. The initial term of the contract will be fo r three (3) years with up to two (2) one-year renewals for a total contract term not to exceed five (5) years.
3.0 MATERIALS
Materials shall include, but not be limited to, all labor, materials, and equipment required for tree work.
4.0 LICENSING
A Class C-61 Limited Specialty and Class D-49 Tree Service license issued by the California Contractors State License Board is required for this project.
Any professiona
l certifications or licenses t hat may be required will be the sole cost and responsibility of the successful bidder.
Contractor shall possess a City of Stockton Business License. Contractor is not required to have the business license to bid on this work. The c ontractor selected to perform this work must obtain a City of Stockton Business License prior to a purchase order being issued for this work.
5.0 CONTRACTOR QUALIFICATIONS
Contractor shall have adequate equipment and employ adequate staff to perform the described work.
5.0.1 Minimum Age Requirement: All employees of the Contractor must be a minimum of 18 years of age.
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5.0.2 Conflict of Interest: The Contractor shall not employ any person who is an employee of the City if the employment of that person would create a conflict of interest.
5.0.3 Contractor Responsibilities
The Contractor shall employ only competent and skilled workers for work under this project. The City shall, throughout the life of this project, have the right of reasonable rejection and/or approval of staff assigned to the wo rk by the contractor. If the City reject s one of Contractor's staff, the Contractor must provide replacement staff satisfactory to the City at no additional cost to the City. If, in the opinion of the City, any Contractor employee who is incom petent, disorderly,
refuses to perform in accordance with the specifications, threat ens or uses abusive language while on City property, or is ot herwise unsatisfactory, shall be re moved immediately from work under this project upon request of the City.
The Contractor shall appoint a Project Manager who shall be responsible for the performance of the work and an alternate(s) who shall act for the Contractor when the Project Manager is absent.
The names of these persons sha ll be designated in writing to the City. For this work, the term “Project Manager” shall include the alternate as specified above. The Project Manager, or their designee/alternate, shall be available during normal business hours to meet with City representative(s) to discuss any problem areas. Contractor shall provide contact information for both the Project Manager and alternate. The Project Manager shall have a telephone/pager to permit timely contact by the City. The Proj ect Manager must respond to a call/page within 30 minutes.
Contractor acknowledges it is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Contractor shall not assign, sublet, transfer or otherwise substitute its in terest in this work, or any of its obligations, without the prior written consent of the City. It is the intent of these s pecifications that all work is to be performed by Contractor's forces.
No unauthorized person or persons not employees of the Contractor (i.e ., spouse, children, brother, sister, friends, etc.) shall be allowed within the imme diate work area during the performance of services under this project.
Wherever work is being performed, Contractor s hall have a designated person at the work site that has the authority to respond to the City Administrator and/or any citizens about work details or priorities. This designated person shall be able to accurately and effectively communicate any essential information.
Contractor shall provide supervision to assure that tasks are performed to the standards set forth herein. Contractor is sole ly responsible for the day-to- day supervision and control of
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Contractor’s employees. Personal supervision is not required provided that equipment or other means are provided that enables the work crews to communicate with the Contractor at all times.
Contractor shall employ a sufficient number of staff to ensure performance of the work described.
All work shall be performed by experienced staf f directly employed by the Contractor. The Contractor shall provide management and technical supervision through competent supervisors as required to implement m odern methods and any newly dev eloped procedures. The contractor shall be responsible for the skills, methods, and actions of Contractor's employees and all work.
5.0.4 Illness and Injury Prevention Program: Contractor shall have an Illness and Injury Prevention Program.
5.0.5 Quality Assurance / Quality Control Program: Contractor shall have a quality assurance/quality control program that includes procedures that are required to ensure that work is being internally inspected and that all work is performed in accordance with proper professional practice. The Contractor’s quality assurance/quality control program and on-site work shall be subject to review, inspection and approval by the City representative who may withhold payment for any work found to hav e been performed unprofessionally, at the sole discretion of the City representative.
5.0.6 Inventory of Materials: Contractor shall hav e adequate inventory of ma terials used in the performance of this project. Contractor shall pr ovide all supplies necessary to accomplish the required services. Materials and supplies shall conform to project requirements and industry standards for the type of work being performed.
5.0.7 Standards of Performance
Contractor is expected to prov ide the highest level of quality compatible with practices and modern techniques accepted by the industry. The Public Works Director or designee(s) shall be the sole judge as to whether Contractor's work conforms to the specifications.
Contractor and Contractor's personnel shall present a neat appearance.
Contractor and
Contractors employee(s) shall wear a uniform which clearly identifies the Contractor's company and the employee.
Contractor’s vehicles shall be clearly marked with the Contractor’s company name and logo and Contractor’s license #.
Contractor shall provide at t heir own risk, all labor, material s, supervision, tools, equipment, insurance, storage, transportation, loading, hau ling, dumping, proper pr otection and all other items needed, or as directed to perform the work described in these specifications.
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Contractor shall appoint a person (Supervisor) acting as Foreman, Senior Lead Person, or Supervisor, or him/herself to oversee all work crews at all times while performing work under this project. Personal supervision by the Supervisor is not required provided that equipment or other means are provided that enables the work crews to communicate with the Supervisor at all times.
Each work crew shall have a designated person on the work site that has the authority to respond to inquiries from any citizens encountered during the course of work and be able to communicate with the Public Works Director, City Administrato r or other representative about work details and/or priorities. This designated person shall be able to accurately and effectively communicate any information essential to the operation of the organization.
All work shall be performed with the utmost concern for safety of both the workers and the public.
Contractor is expected to be familiar with all areas and locations of the work and if they are not, shall have those questions answered before commencing work on this project.
6.0 WORKMANSHIP
Contractor is expected to respec t all parties they encounter. C ontractor shall perform work to the satisfaction of the Public Works Director or Designee(s). The Contractor shall cooperate with the Public Works Director or Designee(s) to enable determination of project compliance. If any work does not meet the standards specified, the Contractor will be responsible for correcting such deficiencies within five (5) working days or as directed by the Public Works Director or Designee(s)
. Corrections shall be at no additional cost to the City of Stockton. Contractor is expected to use additional personnel for correct ions. There shall be no delay of regular maintenance to complete corrections.
7.0 DAMAGE TO IMPROVEMENTS AND PROTECTION OF PROPERTY
Contractor shall be held responsible for the preservation and protection of all public and private property and improvements adjacent to the work area and shall exercise due caution to avoid and prevent any damage to adjacent property and/or improvements. Shou ld any direct or indirect damage or injury result to any public or private property or to any persons encountered in the course of work on account of any act, omission, neglect, or misconduct in the execution of the work, or as a consequence of non-execution thereof on the part of the Contractor or any
of their employees or agent, such property or person shall be re stored and made whole at the expense of the contractor.
Where personal property may be affected by Contractor's operations that the Contractor cannot effectively protect, Contractor shall notify the potentially affect ed property owner(s) prior to the operations to take steps to protec t the personal property. Contract or shall notify City within 24 hours of any damage to any City or private amenities/improve ments/property caused by Contractor.
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Contractor shall take all reason able measures to prevent accident al spills of fuel or oil for Contractor's equipment. In the ev ent of such spill, immediately remove all spilled material, properly dispose of the spilled material and any material used in clean-up/absorption of the spilled material, and, if necessary, notify the proper aut horities in accordance with applicable law.
8.0 SAFETY
Contractor shall be solely responsible for the safety and welfare of a ll Contractors’ personnel performing work under this project. Contractor is solely responsible for advising and educating all personnel to the health hazards associated with this work prior to personnel commencing work under this project. Contractor shall hav e an injury and illness prev ention program (IIPP) and shall provide a copy of the program with their bid.
All work shall be performed with the utmost concern for safety of both the workers and the public.
Where necessary, contractor shall barricade or temporarily close to the public those areas where work is being performed.
9.0 T
RAFFIC CONTROL
Attention is directed to Part 6 of the Califo rnia Manual on Uniform Tr affic Control Devices (MUTCD), Sections 7-1.03, "Public Convenience", 7-1.04, "Public Safety", and 12, "Temporary Traffic Control", of the Caltr ans Specifications. Nothing in these bid documents shall be construed as relieving the Contractor from the responsibilities specified in these sections.
Lane closures shall conform to Section 9.0.1 Traffi
c Lane and Sidewalk Closure of this
document.
The Contractor shall furnish, and maintain in good working order, all barricades and flashers, and provide flaggers as necessary to protect pedestrians, bicyclists, and vehicular traffic.
The Contractor shall provide adequate and continuous ingress and egress for all adjacent properties; except for the limited period of time it is necessary to perform work at a specific property. The Contractor shall diligently prosecute all work directly impacting businesses to completion. The Contractor shall coordinate limited closures with tenants or owners, as required by these bid documents, and as directed by the Engineer.
9.0.1 Traffic Lane and Sidewalk Closures
Lanes and sidewalks may be closed only as necessary to perform work at a specific property.
Except for work required under Section 7-1.03 ”Public Convenience” and Section 7-1.04, ”Public Safety” of the Caltrans Specifications, work that interferes with public traffic shall be performed only as indicated. Traffic lane and sidewalk closures shall conform to the MUTCD requirements.
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Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.
Adequate ingress and egress sha ll be maintained throughout the proj ect limits for fire, police, and other emergency vehicles. T he Contractor shall provide adequate ingress and egress for residences, property owners, and abutting business owners to their respective properties except when performing work at their specific locations.
Also, the Contractor shall provide adequate signing, barricades and flashers or portable flashing beacons, flaggers, and other equipment and pers onnel necessary to adequately control and direct traffic in a safe manner. The Contractor shall maintain all barricades, flashers and detour signs twenty-four (24) hours a day.
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NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.
Exhibit
C:
Insurance Requirements
Contr
actor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCO
PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:
1. Comm
ercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automo
bile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers
’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
It s
hall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
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Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any
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endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Self -Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by
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Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request
. Contractor shall provide proof of such compliance and verification to the City upon request.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202
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