07-07-2020 - AGENDA ITEM 17 CONSIDERATION OF TREE TRIMMING AND MAINTENANCE SERVICES CONTRACTAGENDA ITEM NO. 17
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: July 7, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF TREE TRIMMING AND MAINTENANCE SERVICES
CONTRACT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to negotiate and execute a contract with West Coast Arborists, Inc. for a
three (3) year term, with two (2) optional one (1) year extensions, in an amount not -to -exceed $485,000
annually, or $2,425,000 if both extension options are exercised, to provide tree trimming and
maintenance services for City trees.
2. Authorize the City Manager to exercise the extension options.
BACKGROUND:
The Public Services Department is responsible for maintenance of all City -owned facilities and public
infrastructure. One component of these maintenance responsibilities is establishing and maintaining an
efficient and cost-effective tree maintenance program. Implementing an annual tree maintenance program is
critical in order to ensure the proper upkeep and maintenance of the City's urban forest. These regular
maintenance services vary in scope and frequency depending on the sizes, species and condition of trees.
West Coast Arborists (WCA) has been providing tree maintenance services for the City of West Covina since
1997. In March 2020, WCA notified the City that they can no longer provide the services to the City at the
agreed upon rates of the previous contract due to increases in operating costs such as insurance and wages. The
contract was terminated on April 1, 2020. In good faith, WCA continued providing services on a month -to -
month basis while a formal Request for Proposal was carried out.
DISCUSSION:
On April 27, 2020, in line with the City's effort to competitively bid all contract services and select the most
qualified firms, staff issued a Request for Proposal (RFP) for Tree Trimming and Tree Maintenance Services
(RFP #61-007). The RFP was posted on Planet Bids. On May 19, 2020, proposals were received from the
following four firms:
Company ocation
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contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than Two Million Dollars ($2,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per accident for bodily injury and
property damage.
(c) Workers' compensation insurance as required by the State of California,
with Statutory Limits, and Employer's Liability Insurance with a limit of no
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
or disease. Contractor agrees to waive, and to obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City, its officers,
agents, employees, and volunteers for losses arising from work performed
by Contractor for the City and to require each of its subcontractors, if any,
to do likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Contractor certifies as follows
I am aware of, and will comply with, Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self-insurance before
commencing any of the work.
The Contractor shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration
of this Agreement, complete Workers' Compensation Insurance, and shall
furnish a Certificate of Insurance to the City before execution of this
Agreement by the City. The City, its officers and employees shall not be
responsible for any claims in law or equity occasioned by failure of the
Contractor to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00)
aggregate. Architects' and engineers' coverage shall be endorsed to
include contractual liability. If the policy is written as a "claims made" policy,
the retroactivity date shall be prior to the start of the work set forth herein.
Contractor shall obtain and maintain said E&O liability insurance during the
life of this Agreement and for five (5) years after completion of the work
hereunder. If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a retroactive date prior to the
effective date of this Agreement, Contractor shall purchase "extended
reporting" coverage for a minimum of five (5) years after completion of the
work.
If the Contractor maintains higher limits or has broader coverage than the minimums
Form Revised April 2020 West Coast Arborists, Inc.
shown above, the City requires and shall be entitled to all coverage, and to the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Contractor pursuant to its contract with the City; products and
completed operations of the Contractor; premises owned, occupied or used
by the Contractor; automobiles owned, leased, hired, or borrowed by the
Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Contractor's insurance coverage shall be primary
insurance as respects the City of West Covina, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and not contributing with the insurance
provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any
right to subrogation which any insurer of said Contractor may acquire
against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions
of the policies shall not affect coverage provided to the City of West Covina,
its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self -insured retention to provide such coverage, the amount of such deductible or
self -insured retention shall be approved in advance by City. The City 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.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The City
Form Revised April 2020 West Coast Arborists, Inc.
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
5.5. Non-limitino. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Contractor called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Key Personnel. It is the intent of both parties to this Agreement that Contractor
shall make available the professional services of Nick Alago, who shall coordinate directly with
City. Any substitution of key personnel must be approved in advance in writing by City's
Representative.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed
in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication
is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the
official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
West Coast Arborists, Inc. City of West Covina
2200 E. Via Burton St. 825 S. Sunset Avenue
Anaheim CA, 92806 West Covina, CA 91790
Tel: (714) 920-0558 Tel: (626) 939-8790
Email: nalago@wcainc.com Email: jaguilar@westcovina.org
Attn: Nick Alago Attn: Josue Aguilar
6.5 Attorneys' Fees. If litigation is brought by any party in connection with this
Agreement, each party shall be responsible for its own costs and expenses, including attorneys'
fees.
Form Revised April 2020 West Coast Arborists, Inc.
6.6. Governino Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and
shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's
obligation to perform all other obligations to be performed by Contractor hereunder for the term
of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify,
hold free and harmless the City, its elected and appointed officials, officers, agents and
employees, at Contractor's sole expense, from and against any and all claims, demands, actions,
suits or other legal proceedings brought against the City, its elected and appointed officials,
officers, agents and employees arising out of the performance of the Contractor, its employees,
and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The
defense obligation provided for hereunder shall apply without any advance showing of negligence
or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be
required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
and appointed officials, officers, agents and employees based upon the work performed by the
Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or
not the Contractor, its employees, and/or authorized subcontractors are specifically named or
otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable
for the defense or indemnification of the City for claims, actions, complaints or suits arising out of
the sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Contractor's
Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Contractor shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Contractor and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Contractor shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contractor further agrees to
indemnify and hold City harmless from any failure of Contractor to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
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Form Revised April 2020 West Coast Arborists, Inc.
this paragraph
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to
Contractor's performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Contractor or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Contractor agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Contractor. Contractor shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other related items as requested by City or its authorized representative, at no additional
cost to the City. Contractor or Contractor's agents shall execute such documents as may be
necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal
and external risks to the privacy and security of personal information that could result in the
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.
Contractor shall regularly assess the sufficiency of any safeguards and information security
awareness training in place to control reasonably foreseeable internal and external risks, and
evaluate and adjust those safeguards in light of the assessment.
6.14. Economic Interest Statement. Contractor hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City, Contractor
is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest
Statement (Form 700) with the City Clerk, for each employee providing advice under this
Agreement, prior to the commencement of work, unless waived by the City Manager.
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Form Revised April 2020 West Coast Arborists, Inc.
6.15. Conflict of Interest. Contractor and its officers, employees, associates and
subcontractors, if any, will comply with all conflict of interest statutes of the State of California
applicable to Contractor's services under this agreement, including, but not limited to, the Political
Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections
1090-1092. Contractor covenants that none of Contractor's officers or principals have any interest
in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree
with the performance of the services hereunder, including in any manner in violation of the Political
Reform Act. Contractor further covenants that in the performance of this Agreement, no person
having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing any
services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s)
and/or partnership(s) owning property in the City and further covenants and agrees that
Contractor and/or its subcontractors shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/orfirm(s) and/or partnership(s)
owning property in the City prior to the completion of the work under this Agreement.
6.16. Prohibited Employment. Contractor will not employ any regular employee of City
while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
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Form Revised April 2020 West Coast Arborists, Inc.
6.23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement,
based upon the substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction shall be binding,
then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
6.26 Taxpayer Identification Number. Contractor shall provide City with a complete
Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal
Revenue Service.
[SIGNATURE PAGE FOLLOWS]
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Form Revised April 2020 West Coast Arborists, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
Date:
David Carmany
City Manager
CONTRACTOR
Date:
Patrick Mahoney
President
Date:
Richard Mahoney
Vice President/Asst. Secretary
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Date:
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
Date:
Helen Tran
Human Resources and Risk Management
Director
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Form Revised April 2020 West Coast Arborists, Inc.
EXHIBIT A
SCOPE OF SERVICES
West Coast Arborists, Inc.
Tree Trimming and Tree Maintenance Services
The scope of work is complete, continuous, consistent and safe tree maintenance of a
variety of species throughout the City. Tree maintenance may consist of pruning,
removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency
response, arborist services, inventory and banner hanging work.
The Contractor shall provide all equipment, labor and materials necessary for performing
tree maintenance according to the specifications in this agreement. The equipment shall
be clean and well -maintained, of the latest and most efficient design. Maintenance
personnel shall be uniformed professional and well trained.
Selective pruning shall be employed always based solely on the standards prescribed by
the International Society of Arboriculture and according to the ANSI A300 pruning
standards.
The intent and purpose of this agreement is to provide a level of tree maintenance to the
areas such that each will present a safe, pleasing, and desirable appearance always
within the limitations of the contracted service requirements. The contractor agrees to
maintain all the designated areas covered by this Agreement at such levels. The City
Engineer, or his designated representative, shall be the sole judge as to the adequacy
and quality of the tree maintenance.
The work shall be done in accordance with "The `Green Book' Standard Specifications
for Public Works Construction" 2018 edition including subsequent amendments,
supplements and/or additions. Copies are available from the publisher, Building News,
Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714)
517-0970.
Where the City Engineer is mentioned in these provisions, it shall be noted that his
designated representative may act on his behalf regarding administration of this
agreement.
The term "tree" is used about both woody trees and palms in the language of this
agreement, unless otherwise specified.
Contractor will perform complete prunes on approximately 5,000 city trees in the
grid each year over a five year period, as requested by City and on a schedule
agreed upon by City and Contractor.
Contractor will perform complete prunes on approximately 2,000 palm trees each
year over a two year period, as requested by City and on a schedule agreed upon
by City and Contractor.
Contractor will perform complete prunes on approximately 7,000 city trees over 5
year trim cycle in Landscape Maintenance Districts ("LMD"), as requested by City
West Coast Arbonsts, Inc.
11/24/2020
Print Staff Report
West Coast Arborists, Inc.
Anaheim, CA
Great Scott Tree Service, Inc.
Stanton, CA
Golden West Arbor Services, Inc.
Pomona, CA
Mariposa Landscapes Inc.
Irwindale, CA
On May 27, 2020, Public Services and Transtech staff reviewed and evaluated all proposals based on the
following criteria:
Qualifications, Relevant Experience and References. 40%
Proposed Team, Experience of Assigned Staff 35%
Detailed Work Plan 25%
Total 100%
The results of the evaluations were as follows:
Company
Average Score
West Coast Arborists, Inc.
91
Great Scott Tree Service, Inc.
87
Mariposa Landscapes Inc.
81.5
Golden West Arbor Services, Inc.
77.5
Company
Annual Bid Cost*
West Coast Arborists, Inc.
$663,600
Great Scott Tree Service, Inc.
$735,000
Gold West Arbor Services, Inc.
$752,000
Mariposa Landscapes Inc.
$760,000
*All submitted proposals were based on a 5-year grid trimming cycle
The City Council declared a fiscal emergency on May 19, 2020 through the adoption of Resolution No. 2020-
46, which will impact the City's ability to maintain a five-year cycle of trimming all City trees. The current
budget will allow for approximately 3,500 trees to be trimmed annually, which equals an eight -year -trim
cycle. The industry standard for tree trimming is three to five years.
WCA is a 48-year-old firm that specializes in providing tree maintenance services for public agencies. Since
beginning work in the community, WCA has routinely demonstrated the requisite job knowledge, experience,
and qualifications to perform tree maintenance services. In addition to traditional tree maintenance functions,
WCA provides the City with several key services at no additional cost, including:
• Geographic Information System (GIS) Mapping and Database System
This GIS system helps the City to actively track tree maintenance schedules, identify Fiscal Year tree species,
and respond to inquiries from the community. The GIS system has also proved beneficial in documenting
service request histories for claim -related issues.
• Certified Arborist Services
The City regularly consults with WCA staff arborists to evaluate tree species in the community. These services
help staff to identify Fiscal Year disease and health issues and take appropriate action to improve tree health. If
necessary, detailed "Arborist Reports" can be prepared for an additional fee.
• Proactive Customer Service Approach
WCA is quick to respond to emergency situations, tree maintenance requests, and assist with grant proposals
for our community. The firm is also a dedicated partner, participating in community events such as Earth Day
and Arbor Day.
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and on a schedule agreed upon by City and Contractor. This would equal to
approximately 1,400 trees each year.
Notwithstanding the foregoing estimates, Contractor is not entitled to deliver any
minimum amount of services under this Agreement.
Complete pruning includes: raising the canopy height for building and right of way
clearance, eliminating deadwood, crossing branches, and other safety concerns; shaping
and thinning for the health for the health of the tree and for aesthetics.
The number of trees indicated here are estimates to date based on the City's tree
inventory system. The exact number of trees to be pruned at any one time will be
determined when specific addresses and locations are provided.
Contractor is to provide all labor and equipment necessary to perform pruning operations
as described in this contract.
All tools used on a tree known to contain an infectious tree disease shall be properly
disinfected immediately before and after completing work on such tree, following
procedures of current industry standards, or as instructed by the City. All major pest
problems shall be reported to the City Contract Supervisor within 24 hours from the initial
identification via email.
1.1. SUPERVISION & STAFF
The Contractor shall assign a supervisor to be on site each working day, working regular
working hours, for the duration of this contract. The contractor and its staff shall have
skills, expertise, and experience in arboriculture; including pest control, soils, fertilizers
and plant identification. The supervisor must be fluent in the English language. The
supervisor shall be thoroughly knowledgeable of the General and Special Provisions
of this Agreement, as set forth in the RFP.
1.2. WORK LISTS
a) Grid Pruning - The Public Services Department Representative will identify
pruning locations by highlighting the corresponding streets on the map, which will
be provided to the Contractor, along with a specific pruning assignment such as
full trim, clean, raise, or palm trimming. The Contractor shall document all work
onto a City Contractor Work List (Appendix D to RFP); and record the location,
species, size, work type, quantity, unit costs and lump sum amounts for each tree
trimmed. The price paid for grid pruning shall be as specified in Section 7.12(C) of
the RFP.
b) Removals and Plantings - The Public Services Department Representative will
provide a work list consisting of location, tree species, size, work type, quantity,
unit costs and lump sum amounts.
West Coast Arbonsts, Inc.
c) Inspection - The Contractor shall notify the Public Services Department
Representative upon completion of each work list and shall not process any work
list for invoicing until all sites on the list have been inspected by the Public Services
Department Representative. Also, daily, or as required, the Contractor or its
supervisor may walk the project with the Public Services Department
Representative for determining compliance with the specifications or to discuss
required work. Any tree(s), which in the opinion of the Public Services Department
Representative have not been pruned, removed or planted according to the
conditions of the specifications set forth herein shall be brought to the attention of
the Contractor and, if not corrected, payment to the Contractor will not be made
until the condition is corrected.
d) Service Requests and Location Lists - The Contractor could be given additional
service requests and location lists each day, in addition to the weekly or grid
schedule list. This work will be considered as normal work and not subject to
emergency work cost or crew rental costs.
1.3. TREE INVENTORY AND WORK SHEETS
All trees that are in the tract, in which the Contractor is working, shall be recorded onto a
City Tree Inventory List (Appendix E to the RFP). The Tree Inventory along with the list
of trees pruned/removed shall be given to the Public Services Department Representative
monthly. Each field on the inventory sheet should be filled in as follows:
a) Right of Way— This is the public right of way (and/or tree maintenance easement)
as recorded in the development plans. The measurement will be the width of the
parkway, or in areas in which there is no parkway, the designated footage
beginning from the curb face.
b) Address — Consists of the house number and complete street name. If the tree
is on the side of a corner house, the name of the intersecting street shall be
included.
c) Species — Including hybrids, varieties and cultivars.
d) Diameter at Breast Height (DBH) — The measurement of the trunk diameter at
4.5 feet from the base, as described in section 7.12(f) of the RFP. Multi -trunk trees
shall be recorded by using the DBH of the largest trunk followed by the letter M
and the total amount of the trunks.
1.4. CREW RENTAL
The standard crew is three (3) workers, one (1) chipper truck, one (1) chipper and
all necessary hand tools. The crew equipment can be modified to complete any
type of miscellaneous tasks including special projects that may consist of
West Coast Arbonsts, Inc.
extraordinary work.
1.5. EMERGENCY RESPONSE WORK SCHEDULE
Emergency response work may be required to mitigate safety hazards outside of
normal working hours.
a) Emergency response work will not be performed without prior approval by
the Public Services Department Representative unless a condition exists
wherein it appears there is a danger of injury to persons or property.
b) Payment of emergency response work shall be in accordance with the
hourly rates and unit prices in the Emergency Response Work Schedule.
c) The City reserves the right to cause any emergency response work deemed
necessary by the Public Services Department Representative to be
performed by the City crews, other contractors, or day labor, at no cost to
the Contractor.
d) Emergency response work is work performed after normal working hours or
anytime during a 24- hour period that the Public Services Department
Representative deems an emergency. Emergency response work does not
include service requests and location lists assigned during normal working
hours (7 a.m. to 4 p.m. Monday through Friday, not including Holidays)
e) Emergency Response and Crew Rental rates begin when the crew arrives
on site and begins work, and end at the completion of the work requested
by the City. Portal to Portal pay is not allowed.
1.6. SAFETY MEASURES
a) The Contractor shall obey and adhere to Cal OSHA requirements for worker
safety, and ANSI Z133.1 Safety Requirements.
b) Any person working in proximity to electrical conductors shall be properly
trained in electrical hazard recognition and avoidance, and possess the
appropriate qualifications required by the State of California.
c) Any dead tree, tree with excessive decay, or tree with a substantial defect
such as a split, crack, or unstable root system, shall be reported
immediately to the Public Services Department Representative.
d) The Contractor shall postpone any tree maintenance activity wherein a
vehicle is in proximity and such activity has the likelihood of causing
damage to vehicle. In such instances, it is the responsibility of the
Contractor to immediately notify the vehicle owner and request to have the
West Coast Arbonsts, Inc.
vehicle moved to a safe location. Any abandoned vehicle shall be reported
to the West Covina Police Dept.
1.7. PRESERVATION OF PROPERTY
a) The Contractor shall carefully protect from damage all trees, shrubs, ground
covers, turf irrigation, water service, fences, sidewalk, buildings,
automobiles, street lights, street signs, or any other facilities located on or
adjacent to the job site.
b) Should any direct or indirect damage or injury result to any public or private
property by or because of any act, omission, neglect or misconduct in the
execution of work, on the part of the Contractor or the Contractor's
employees, such property shall be restored by the Contractor, to a condition
equivalent to that existing before damage occurred.
c) The Contractor shall be responsible for the complete removal and
replacement of trees lost due to the Contractor's faulty maintenance or
negligence, as determined by the Public Services Department
Representative. Replacement shall be made by the Contractor in the kind
and size of trees as determined by the Public Services Department
Representative. Where there is a difference in value between the trees lost
and the replacement of trees, this difference will be deducted from the
contract payment. In all cases, the value of the trees lost will be determined
by the Public Services Department Representative, using the latest Council
of Tree and Landscape Appraisers — Guide for Plant Appraisal.
1.8. PRESERVATION OF WILDLIFE
Reasonable efforts shall be taken to protect and preserve the nests, or nesting
cavities, of beneficial birds and other beneficial animals, unless in -so doing would
create a hazardous condition.
1.9. QUALITY OF WORK
The Contractor shall be committed to retaining the value of all trees in its care, and at no
time under this contract agreement shall the Contractor decrease the value of any tree
without written authorization from the Public Services Department Representative.
The Contractor shall be skilled in arboriculture and have the expertise necessary to
perform all duties to the highest standard, as required in this agreement.
The Public Services Department Representative shall be the sole judge as to the
adequacy and quality of maintenance.
West Coast Arbonsts, Inc.
1.10. DISEASE CONTROL
Any monocot or dicot species that is known to transmit an infectious disease prevalent in
the landscape shall be pruned with handsaws, pole saws or reciprocating saws only. Prior
to pruning, all saw blades must be sterilized by a ten (10) minute immersion in a bucket
of water containing twenty-five (25) percent chlorine bleach. A fresh solution shall be
mixed daily. Each tree shall be pruned utilizing a blade that has been sterilized in this
fashion, thereby preventing tree -to -tree disease transmission via the saw blade. After a
tree has been pruned, the saw blade shall not be utilized again until it has been sterilized
by the ten (10) minute immersion method described above.
1.11. PRUNING —GENERAL REQUIREMENTS
a) Pruning shall be in strict accordance with all standards and methods as prescribed
by the International Society of Arboriculture (Appendix C).
b) The Contractor shall prune to retain the natural structure of each tree species,
unless otherwise directed by the Public Services Department Representative, and
have the knowledge and ability to determine each tree species response to
pruning. Pruning patterns shall be consistent so that visual continuity is
maintained, and the value of all City trees pruned is increased.
c) The use of chain saws shall be restricted to those cuts that cannot be made with
hydraulic, pneumatic, or manually operated lopping shears. All blades, chains and
other cutting devices shall be kept sharpened, to make a clean final cut, with the
bark intact and free from stripping or shredding. Wound dressings are not
permitted.
d) Pruning cuts shall be made carefully and at the proper location; this will be back to
the parent branch or trunk, just to the outside of the branch collar and branch bark
ridge.
e) Branch cuts shall be kept as small as possible to prevent excessive decay. No live
branch greater than eight (8) inches in diameter (measured at the base of the
branch) shall be removed without authorization from the Public Services
Department Representative, unless said branch is weakly attached or has other
significant defect.
f) Limbs, measuring two (2) inches or greater in diameter, shall be removed using
the three -cut method (Appendix C).
g) When pruning mature trees, no more than twenty-five (25) percent of the leaf -
bearing canopy should be removed. Live Oaks are limited to ten (10) percent.
h) When reducing the length of a limb back to a lateral branch, the lateral should be
at least one-third the diameter of the portion removed.
West Coast Arbonsts, Inc.
i) Young trees shall be pruned primarily to improve structure (Appendix C).
j) Private trees encroaching upon a City sidewalk or street, and are not providing
proper height clearance requirements, shall be raised on the street -side only to
mitigate nuisance or hazard. The cost shall be adjusted to one half that for
complete raise.
k) The use of climbing spurs, gaffs, or any other climbing devise that causes puncture
wounds is prohibited, except for aerial rescue efforts, or during removals.
1) The Contractor shall not prune any tree(s), which have been pruned by a resident
or homeowner and have been trained, cut, or sheared in such a way to form a
hedge, espalier, or picturesque shape, and have not been trained in the normal
landscape shade tree standard of pruning. Such trees shall not be recorded on the
work list. These trees are to be noted, and the Contractor shall inform the Public
Services Department Representative of them by address.
m) Any inappropriate piece of metal, wire, rubber, wood, or other material that is
damaging the growing tissue of a tree or predisposes the tree to irreparable
damage in the future, shall be removed. If it is determined that the material cannot
be removed without further damage to the growing tissue of the tree, it shall not be
removed, but necessary actions shall be taken to reduce the impact of this material
to the tree by cutting out as much of the exposed surface of it as possible.
n) Vines that are entwined on the trunk or throughout the limb structure shall be
removed with caution, avoiding injury to tree.
1.12. PRUNING —WORK TYPE DESCRIPTIONS
The following four work type descriptions may be assigned to the Contractor. All general
requirements for pruning shall be followed.
a) Grid Pruning — Grid pruning means routine tree pruning per pre -designated
districts/grids on a scheduled cycle or any grouping of seven (7) or more trees near
one another, within an approximate 200-yard radius, and shall be paid as grid
pruning even when off the regularly scheduled district/grid plan. The price paid for
grid pruning shall be as specified in Section 7.12(C).
b) Full Pruning - The objective is to improve tree structure, reduce wind sail effect,
allow for improved light penetration, provide proper clearances, and to remove
dead or other undesirable limbs.
Selective pruning shall be implemented; any or all pruning techniques shall be
applied depending on the requirements of each tree. These include, structural
pruning, crown cleaning, crown thinning, crown reduction, crown raise and crown
West Coast Arbonsts, Inc.
restoration.
c) Crown Raise - In areas where raises are specified, no other type of pruning shall
be done. A crown raise is removal of lower branches only, to provide proper height
clearance. Fourteen and one-half (14.5) feet clearance is required over streets,
where applicable. Nine (9) feet clearance is required over parkways and sidewalks.
Eleven (11) feet clearance is required over equestrian trails. To avoid destroying
the natural structure of small trees, they shall not be raised to the afore mentioned
specifications. Instead, such trees shall be pruned to reduce the length of the
obstructing limbs.
d) Crown Cleaning - In areas where cleaning is specified, no other type of pruning
shall be done. Crown cleaning is the removal of dead, dying, diseased, broken and
weakly attached branches. Crown cleaning shall also include crown raise, when
needed to provide proper clearance.
e) Crown Reduction - In areas where height issues are specified, no other type of
pruning shall be done. Crown reduction is used to reduce the height and/or spread
of a tree. Thinning cuts are most effective in maintaining the structural integrity and
natural form of a tree and in delaying the time when it will need to be pruned again.
The lateral to which a branch or trunk is cut should be at least one-half the diameter
of the cut to be made.
f) Palm Pruning — Palm fronds are to be removed so that a 90-degree angle is
achieved. The angle shall be measured from the horizontal axis of the growing
point base.
All dead fronds, flower stalks and fruit stalks shall be removed and cut as close to
their base as possible without damaging adjacent fronds or trunk tissue. Loose
petioles from previous pruning operations shall be removed carefully.
When pruning palms in the Phoenix genus it is imperative to sterilize all pruning
equipment (as described in section 7.25 to avoid possible tree -to -tree transmission
of the disease Fusarium oxysporum.
1.13. SELECTIVE PRUNING
When performing any of the four pruning work types, mentioned in section 7.31, it is
imperative to employ selective pruning to prevent over pruning. If any tree in an assigned
area requires a lesser amount of pruning than what has been assigned, only that which
is necessary will be performed.
1.14. TREE REMOVALS
a) All tree removal operations shall be in strict accordance with the methods
prescribed by the International Society of Arboriculture.
West Coast Arbonsts, Inc.
b) Trees designated for removal by the Public Services Department Representative
will be marked with a DOT, using white paint, on the trunk, just above the root
collar of the tree. If for any reason there is doubt regarding the trees(s) to be
removed, the Public Services Department Representative will be contacted before
work commences.
c) Felling is permitted providing it can be safely achieved without endangering
surrounding property and will not interfere with vehicular traffic. A tag line(s) shall
be used to direct fall always. All bystanders shall be kept at a safe distance from
the work site.
d) Trees too large to fell shall be removed in sections. Each section shall be cut into
a size that can be handled easily and safely by one tree worker. If section is too
heavy for one worker, it shall be rigged and lowered to the ground. The means of
lowering shall be acceptable to the Public Services Department Representative.
e) Stump grinding shall be incorporated with the removal of the tree and performed
on the same day. The underground service alert regional notification center (Dig
Alert) must be called prior to the start of the removal list, to allow enough time for
each site to be marked before work begins.
f) The depth of stump grind shall be no less than eighteen (18) inches below lowest
surface grade. The grind shall comprise the entire stump below soil surface and
any uplifted portion of the soil caused by the root flare. Exposed roots, whether in
the public right of way or private property, shall be traced and ground or chopped
out to a depth of no less than eight (8) inches below the lowest surface grade. If
irrigation is damaged it shall be repaired immediately. The site shall be backfilled
with a mix of 60% soil and 40% of the remaining wood chips; then firmly tamped
down to allow for as little settling as possible. All excess wood chips and soil shall
be hauled away. When complete, the work site shall be level and at the original
soil grade of the surrounding area.
1.15. TREE PLANTING AND STAKING
a) Trees purchased by the Contractor shall comply with the specifications set forth in
the Standards for Purchasing Container -Grown Landscape Trees (Appendix F).
b) All trees shall be planted according to the Standards prescribed by the
International Society of Arboriculture. The standard plan for tree planting, as per
Standard Plans for Public Works Construction (SPPWC), Std. Plan No 518-3,
Sheet 2, shall be followed (Appendix H).
c) The Contractor shall follow the requirements in section 7.11, UNDERGROUND
ALERT of this contract before the excavation of any tree -planting site.
West Coast Arbonsts, Inc.
d) Prior to planting, the natural root flare must be identified. Any soil that may be
covering the root flare must be removed. The planting hole shall be dug to a size
of two times the width of the root ball, leaving the bottom firm, to prevent the tree
from settling. The container shall be removed carefully to prevent root or stem
damage; the tree shall not be pulled by the stem. If the container does not come
off easily, it shall be cut on one or more sides, from top to bottom, to allow its
removal. Circling roots shall be separated and spread outward. Densely matted
roots that cannot be teased apart shall be cut cleanly in two places.
e) The tree shall be lifted by the root ball only and carefully placed in the planting
hole. The root ball shall be oriented so that the tree stands vertical, with the top of
the root ball approximately one to two inches higher than the soil grade. Backfill
shall be native soil only with no rocks greater than three inches diameter. Soil shall
not be placed on top of the root ball. Displace air pockets in the backfill by
moderately tamping with shovel handle and watering in. Check for settling and add
backfill if necessary. To avoid compaction of the soil, do not tamp the backfill with
excessive pressure or use broad, heavy objects.
f) Any tree that can stand upright without support and would be able to withstand
prevailing winds along with yearly Santa Ana wind occurrences shall not be staked.
g) If upon determining a tree cannot support itself, two stakes of good quality treated
lodge pole pine not exceeding eight feet in length and no more than two and one-
half inches in diameter, shall be used. The stakes shall be placed in a northwest /
southeast configuration to give maximum support during heavy wind conditions
and placed outside the root ball, avoiding any damage to roots. Stakes shall be
pounded down until sufficiently stable. The top of the stakes interfering with branch
structure shall be cut off below the lowest branch where the tree's growth habit
permits.
h) Trees shall be tied to stakes using rubber cinch ties, thirty-two inches in length,
attached by a method of a figure eight loop between the tree trunk and each stake.
Ties shall be attached to stakes with galvanized nails driven into the stakes. A
minimum of two ties shall be used, placed high enough on the trunk to support the
crown. Additional ties shall be placed lower on the trunk if needed to straighten.
Ties shall be taught enough to prevent trunk from rubbing against the stakes, but
with a modest amount of slack to allow movement of the tree. Ties shall not be
placed in branch crotches.
i) A plastic guard shall be placed loosely around the base of the trunk.
j) A watering basin shall be placed around the outer edge of the root ball in areas
where run-off will occur. The basin shall be in the form of a tightly compacted soil
berm, three inches in height. A watering basin is not required on turf or dense
groundcover.
West Coast Arborists, Inc.
1.16. STAKING ONLY
The Contractor shall stake any tree that is unable to stand upright on its own, whether the
existing stakes have become loosened, damaged, incorrectly installed, or where the
stakes are absent. This work shall be performed in any area where the contractor is
pruning or where otherwise directed by the Public Services Department Representative.
All the standards shall be followed.
1.17. STAKE REMOVAL
The Contractor shall remove stakes from trees that have achieved enough stability and
grown to at least three (3) inches diameter at breast height (DBH). The stakes should be
pulled completely out of the ground when possible; otherwise, the stakes shall be cut
down below grade and backfilled with soil.
All undamaged tree stakes that are suitable for re -use shall be returned to the City. The
Contractor shall dispose of all damaged tree stakes.
Stake removal shall be performed in any area where the contractor is pruning, and there
shall be no extra charge incurred.
1.18. REMOVAL OF BRUSH AND DEBRIS
The Contractor shall be responsible for the removal and disposal of all debris, i.e. wood,
branches, brush, chippings, and any other material resulting from tree maintenance
operations.
a) Contractor must comply with all state, county and local laws and ordinances
applicable to and governing such disposal.
b) Disposal of all Eucalyptus wood infested with the larvae of the Eucalyptus Long
Horned Borer shall follow the State of California Public Resources Code, Article 5,
Section 4714.5.
1.19. TREE WATERING
Watering is to be performed by a one-man crew with a water truck. Contractor shall
include the pricing to water newly planted trees for the first year after initial planting.
Watering will occur along various routes including landscape medians, parkways, parks,
and City facilities. At the discretion of the Public Services Department Representative,
older trees will be included on a watering schedule.
1.20. ARBORIST SERVICES
On occasion, the City requires tree evaluations including written reports. The Contractor
shall provide an hourly rate for an Arborist that can respond to the City's request(s) for
West Coast Arbonsts, Inc.
11/24/2020 Print Staff Report
Staff is recommending that the City Council award the contract to WCA, for a three-year term, with two one-
year extension options. The maximum annual compensation will be $485,000. The total compensation over
five years is $2,425,000.
LEGAL REVIEW:
The City Attorney's Office has reviewed the agreement and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Adopt staff's recommendation;
2. Select a different contractor from the list of responders to the RFP; or
3. Provide alternative direction.
Prepared by: Mike Cresap, Public Services Superintendent
Fiscal Impact
FISCAL IMPACT:
The total approved budget for tree maintenance for Fiscal Year 2020-21 is $485,000 with funding coming
from the following funding sources:
Funds
Account No.
Amount
Citywide Lighting Maintenance District
188.41.4141.6130
$348,71
Sewer
189.41.4160.6120
$11,151
General Fund
110.41.4142.6130
$28,497
Gas Tax
124.41.4141.6130
$28,497
Maintenance District No.1
181.41.4145.6130
$11,977
Maintenance District No.2
182.41.4145.6130
$11,151
Maintenance District No. 4
184.41.4145.6130
$22,715
Maintenance District No.6
186.41.4145.6130
$11,151
Maintenance District No.7
187.41.4145.6130
$11,151
Total
$485,000
The budget allocates $485,000 for tree maintenance annually, but the contract is structured such that there is
no minimum guarantee of work for WCA. The contract provides flexibility to the City to address the current
fiscal emergency and tree trimming services will be scaled appropriately. Based upon available funds, staff
will provide The City Council options to increase maintenance.
Attachments
Attachment No. 1 - Agreement with West Coast Arborists
CITY Enhance City Facilities and Infrastructure
COUNCIL Enhance the City Image and Effectiveness
GOALS &
OBJECTIVES:
https://destinyhosted.com/print_ag_memo.Gfm?seq=850&rev_num=0&mode=6demal&reloaded=true&id=93782 3/3
the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations
and site inspections. Reporting can be generated on as little as one tree to an entire urban
forest population and is handled on a case -by -case basis.
1.21. MILLING
On occasion, the City may request for some of the removed Urban Forest material be
milled down for special projects. The Contractor shall provide a per foot milling cost of
this material. Milling can be performed on or off site.
West Coast Arbonsts, Inc.
EXHIBIT B
FEE SCHEDULE
West Coast Arborists, Inc.
ITEM
DESCRIPTION
QTY
UNIT
UNIT COST
TOTAL
COST
Grid Pruning
1
Flat rate price per tree to prune city trees in
the grid. 5,000 ea per year over a five year
period.
5,000
EA
$66.00
$330,000.00
2
Flat rate price per tree to prune palm trees
in the grid. 2,000 ea per year over a two
ear Deriod.
2,000
EA
$66.00
$132,000.00
3
Flat rate price per tree to prune city trees in
Landscape Maintenance Districts ("LMD").
1,400 ea per year over a five year period.
1,400
EA
$144.00
$201,600.00
SUBTOTAL (not to exceed annual cost)
$ 663.600.00
Full Prune per Service Request
4
0"-12" Diameter Standard Height
EA
$ 80.00
$ 80.00
5
13"-18" Diameter Standard Height
EA
$ 80.00
$ 80.00
6
19"-24" Diameter Standard Height
EA
$ 120.00
$ 120.00
7
25'-30" Diameter Standard Height
EA
$ 120.00
$ 120.00
8
31"-36" Diameter Standard Height
EA
$ 144.00
$ 144.00
9
36"+ Diameter Standard Height
EA
$ 144.00
$ 144.00
Crown Raise per Service Request - Hardwood Tree
10
0"-12" Diameter Standard Height
EA
$ 59.00
$ 59.00
11
13"-18" Diameter Standard Height
EA
$ 59.00
$ 59.00
12
19"-24" Diameter Standard Height
EA
$ 59.00
$ 59.00
13
25"-30" Diameter Standard Height
EA
$ 59.00
$ 59.00
14
31"-36" Diameter Standard Height
EA
$ 59.00
$ 59.00
15
36"+ Diameter Standard Height
EA
$ 59.00
$ 59.00
Crown Cleaning per Service Request - Hardwood Tree
16
0"-12" Diameter Standard Height
EA
$ 80.00
$ 80.00
17
13"-18" Diameter Standard Height
EA
$ 80.00
$ 80.00
18
19"-24" Diameter Standard Height
EA
$ 120.00
$ 120.00
19
25"-30" Diameter Standard Height
EA
$ 120.00
$ 120.00
20
31"-36" Diameter Standard Height
EA
$ 144.00
$ 144.00
21
36"+ Diameter Standard Height
EA
$ 144.00
$ 144.00
22
Crown Reduction per Service Request - Hardwood Tree
22
0"-12" Diameter Standard Height
EA
$ 90.00
$ 90.00
23
13"-18" Diameter Standard Height
EA
$ 90.00
$ 90.00
24
19"-24" Diameter Standard Height
EA
$144.00
$ 144.00
25
25"-30" Diameter Standard Height
EA
$ 144.00
$ 144.00
26
31"-36" Diameter Standard Height
EA
$184.00
$ 184.00
27
36"+ Diameter Standard Height
EA
$ 284.00
$ 284.00
Palm Pruning
28
Prune Date Palm (Phoenix spp.)
EA
$ 200.00
$ 200.00
29
Clean Trunk for Date Palm (Phoenix spp.)
EA
$ 200.00
$ 200.00
30
Prune Fan Palm (Washingtonia spp.)
EA
$ 84.00
$ 84.00
31
Clean Trunk for Fan Palm (Washingtonia spp.)
EA
$ 104.00
$ 104.00
32
Prune all other Palm Species
EA
$ 66.00
$ 66.00
Tree and Stump Removal
33
0"-12" Diameter Standard Height
EA
$ 280.00
$ 280.00
34
13"-18" Diameter Standard Height
EA
$ 680.00
$ 680.00
35
19"-24" Diameter Standard Height
EA
$ 940.00
$ 940.00
36
25"-30" Diameter Standard Height
EA
$ 1,220.00
$ 1,220.00
37
31"-36" Diameter Standard Height
EA
$ 1,450.00
$ 1,450.00
38
36"+ Diameter Standard Height
EA
$ 1,890.00
$ 1,890.00
Tree Removal Only. No Stump Removal.
39
0"-12" Diameter Standard Height
EA
$ 240.00
$ 240.00
40
13"-18" Diameter Standard Height
EA
$ 620.00
$ 620.00
41
19"-24" Diameter Standard Height
EA
$ 870.00
$ 870.00
42
25"-30" Diameter Standard Height
EA
$ 1,100.00
$ 1,100.00
43
31"-36" Diameter Standard Height
EA
$ 1,370.00
$ 1,370.00
44
36"+ Diameter Standard Height
EA
$ 1,720.00
$ 1,720.00
Stump Removal
45
Stump Removal per Stump Diameter Inch at Grade
INCH
$ 20.00
$ 20.00
23
Tree Planting and Staking
EA
$
$
46
15 Gallon (double staked per specs) — Labor,
Equipment, Tree and Materials
EA
$ 180.00
$ 180.00
47
24 inch Box (double staked per specs) — Labor,
Equipment, Tree and Materials
EA
$ 360.00
$ 360.00
48
36 inch Box (double staked per specs) — Labor,
Equipment, Tree and Materials
EA
$ 1,000.00
$ 1,000.00
General Labor Rates
49
Hourly Rate for 1 Ground -person
HR
$ 89.00
$ 89.00
50
Hourly Rate for 1 Equipment Operator
HR
$ 89.00
$ 89.00
51
Hourly Rate for 1 Trimmer
HR
$ 89.00
$ 89.00
Day Rate
52
Day Rate Service Crew
DAY
$ 2,403.00
$ 2,403.00
53
Specialty Equipment Day Rate
DAY
$ 1,000.00
$ 1,000.00
Emergency Services
54
During normal business hours
HR
$ 109.00
$ 109.00
55
After hours, weekends and/or holidays
HR
$ 129.00
$ 129.00
General Arborist Services
56
Arborist Reports
HR
$ 150.00
$ 150.00
57
Level 1, 2, and 3 Risk Assessments
HR
$ 150.00
$ 150.00
24
CITY OF WEST COVINA
RFP for Tree Trimming and Tree Maintenance Services (Spec No. 61-007)
ADDITIONAL SERVICES PRICING
DESCRIPTION
UNIT
UNIT PRICE
Specialty Equipment Pay Rate (ATV)
Per Day
$500.00
GPS Tree Inventory Add-on's
Tree Site
$5.00
Plant 48" box tree
Each
$1,950.00
Plant 60" box tree
Each
$5,950.00
PLANT HEALTH CARE SERVICES
DESCRIPTION UNIT UNIT PRICE
Tree Canopy Spraying from ground level Per diameter inch
$ 6.00
Tree Canopy Spraying from aerial tower Per diameter inch
$ 8.00
Description: Foliar hydraulic spraying of recommended material.
Insecticide or Fungicide Trunk Banding Per diameter inch
$ 6.00
Description: Trunk spray of recommended material.
PGR Trunk Banding Per diameter inch
$ 6.00
Description: Trunk spray of recommended material to regulate plant growth.
Insecticide or PGR Soil Application (Cambistat) Per diameter inch
$ 6.00
Description: Recommended insecticide soil injection or drench material to regulate plant growth.
Insecticide or Fungicide Soil Application Per diameter inch
$ 6.00
Description: Soil applied drench of recommended material.
Soil Injection Fertilization Per diameter inch
$ 6.00
Description: Soil applied injection of recommended material.
Soil Drenching Fertilization Per diameter inch
$ 6.00
Description: Soil application of recommended material.
Trunk Injection (Insecticide/Miticide) Per diameter inch
$ 8.00
Description: Trunk injected recommended material.
Trunk Injection (Fungicide) Per diameter inch
$ 6.00
Description: Trunk injected recommended material.
Trunk Injection (Insecticide & Fungicide Combo) Per diameter inch
$ 8.00
Description: Combination of one time trunk injection of two recommended materials.
Avermectin Class Insecticide Injection Per diameter inch
$6.00
Description: Recommended trunk injection of Emamectin benzoate active ingredient.
*Prices may vary subject to the recommended rate of application, material availability, and best management
practices.
It is intended that any other public agency (e.g., city, county, district, public authority, public agency, municipality,
and other political subdivision or public corporation) shall have the option to participate in any award made as a
result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any
purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making
payments to the vendor.
EXHIBIT C
11i7►1Db'
West Coast Arborists, Inc.
Attachment No. 1
CITY OF WEST COVINA
MAINTENANCE SERVICES AGREEMENT
WITH
WEST COAST ARBORISTS, INC.
FOR
TREE TRIMMING AND MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into the 1 st day of July, 2020 ("Effective Date"),
by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and WEST
COAST ARBORISTS, INC., a California corporation ("Contractor').
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Contractor as an independent
contractor to provide tree trimming and maintenance services, as more fully described herein;
and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated, except that if Contractor is
required to but does not yet hold a City business license, it will promptly obtain a business license
and will not provide services to the City until it has done so; and
C. WHEREAS, City and Contractor desire to contract for the specific services
described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
E. WHEREAS, Contractor responded to the City's Request for Proposals for Tree
Trimming and Tree Maintenance Services (Spec. No. 61-007) dated April 27, 2020 ("RFP"). The
RFP is incorporated via this reference as if fully set forth herein.
F. WHEREAS, Contractor's response to the RFP was a material inducement to the
City ultimately entering into this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described
in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference.
Contractor shall comply with all requirements set forth in the RFP in providing the services.
Contractor acknowledges and agrees that the services will be provided as requested by the City
on a schedule agreed upon by City and Contractor and that Contractor is not entitled to deliver
any specific amount of services under this Agreement.
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Form Revised April 2020 West Coast Arborists, Inc.
1.2. Professional Practices. All professional services to be provided by Contractor
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional Contractors in similar fields and circumstances in accordance with sound
professional practices. Contractor also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Contractor's performance of this Agreement. Contractor 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 Contractor shall at all times
observe and comply with all such laws and regulations. City officers and employees shall not be
liable at law or in equity for any claims or damages occurring as a result of failure of the Contractor
to comply with this section.
1.3 Prevailing Wage Requirements.
(a) Compliance with Prevailing Wage Requirements. Contractor shall comply
with all applicable provisions of California Labor Code sections 1720
through 1861. Pursuant to Sections 1720 through 1861 of the California
Labor Code, Contractor and its subcontractors shall ensure that all workers
who perform work under this Agreement are paid not less than the
prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations (DIR). Copies of such
prevailing rate of per diem wages are on file at the City and are available
for inspection to any interested party upon request. Copies of the prevailing
rate of per diem wages may also be found at
hftp://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Contractor and
its subcontractors shall post a copy of the prevailing rate of per diem wages
determination at each job site and shall make them available to any
interested party upon request.
(b) Payroll Records. Contractor shall comply with California Labor Code
section 1776, which generally requires keeping accurate payroll records,
verifying and certifying payroll records, and making them available for
inspection. Contractor shall require its subcontractors to also comply with
section 1776. Contractor and its subcontractors shall submit weekly
certified payroll records to the City. Contractor is responsible for ensuring
its subcontractors submit certified payroll records to the City.
(c) Apprentices. Contractor and its subcontractors shall comply with California
Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the
employment and wages of apprentices. Contractor is responsible for
ensuring its subcontractors comply with Sections 1777.5, 1777.6 and
1777.7.
(d) Working Hours. Contractor and its subcontractors shall comply with
California Labor Code sections 1810 through 1815, including but not limited
to, restricting working hours on public works contracts to eight (8) hours a
day and forty (40) hours a week, unless all hours worked in excess of 8
hours per day are compensated at not less than 11/2 times the basic rate of
pay.
Form Revised April 2020 West Coast Arborists, Inc.
(e) Penalties for Violations. Contractor and its subcontractors shall comply with
California Labor Code section 1775 in the event a worker is paid less than
the prevailing wage rate for the work or craft in which the worker is
employed. This shall be in addition to any other applicable penalties
allowed under Labor Code sections 1720 —1861.
1.4. Bonds. Contractor shall furnish the following bonds: (1) a Performance Bond in an
amount equal to $2,425,000, and (2) a Payment Bond (Labor and Materials) in an amount equal
to $2,425,000. The bonds shall be in a form approved by City and shall be attached to this
Agreement as Exhibit "C."
(a) All bonds shall be accompanied by a power of attorney from the surety
company authorizing the person executing the bond to sign on behalf of
the company. If the bonds are executed outside the State of California, all
copies of the bonds must be countersigned by a California representative
of the surety. The signature of the person executing the bond shall be
acknowledged by a Notary Public as the signature of the person designated
in the power of attorney.
(b) All the bonds shall be executed by a California admitted surety with an A.M.
Best's Company rating satisfactory to the City. If an A.M. Best's rating is
not available, the proposed surety must meet comparable standards of
another rating service satisfactorily to City. Bonds issued by a California
admitted surety listed in the latest versions of the U.S. Department of
Treasury Circular 570 must be accompanied by all of the documents
enumerated in California Code of Civil Procedure § 995.660(a).
(c) The terms of the bonds shall provide that the surety agrees that no change,
extension of time, alteration, or modification of the contract documents or
the work to be performed thereunder shall in any way affect its obligations
and shall waive notice of any such change, extension of time, alteration, or
modification of the contract documents.
1.5. Performance to Satisfaction of City. Contractor agrees to perform all the work to
the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has
the right to:
(a) Meet with Contractor to review the quality of the work and resolve the
matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.6. Warranty. Contractor warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation; and all other Federal,
State and local laws and ordinances applicable to the services required under this Agreement.
Form Revised April 2020 West Coast Arborists, Inc.
1.7. Non-discrimination. In performing this Agreement, Contractor shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical or mental disability, medical condition,
genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression,
sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of
the Government Code.
1.8. Non -Exclusive Agreement. Contractor acknowledges that City may enter into
agreements with other Contractors for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.9. Confidentiality. Employees of Contractor in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Contractor covenants that all data, documents, discussion, or other information
developed or received by Contractor or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without written authorization by City. City
shall grant such authorization if disclosure is required by law. All City data shall be returned to
City upon the termination of this Agreement. Contractor's covenant under this Section shall
survive the termination of this Agreement.
1.10. Public Records Act Disclosure. Contractor has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in California Government Code Section 6254.7, and of which
Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set
forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule").
Contractor's annual compensation during the initial term and any extension period shall not
exceed Four Hundred Eighty -Five Thousand Dollars ($485,000.00). Contractor's total
compensation shall not exceed Two Million Four Hundred Twenty -Five Thousand Dollars
($2,425,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services
provided outside the scope of services specified in the Contractor's Proposal unless the City, prior
to Contractor performing the additional services, approves such additional services in writing. It
is specifically understood that oral requests and/or approvals of such additional services or
additional compensation shall be barred and are unenforceable. Should the City request in writing
additional services that increase the Scope of Services, an additional fee based upon the
Contractor's standard hourly rates shall be paid to the Contractor for such additional services.
Such increase in additional fees shall be limited to 25% of the total contract sum or to the
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Form Revised April 2020 West Coast Arborists, Inc.
maximum total contract amount of $25,000, whichever is greater. The Department Head or City
Manager is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on the total of
all Contractor's services which have been completed to City's sole satisfaction. City shall pay
Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times from the Effective
Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to by the
parties, the professional services to be performed pursuant to this Agreement shall commence
within five (5) days from the Effective Date of this Agreement. Said services shall be performed
in strict compliance with the Project Schedule approved by City as set forth in Exhibit "C," attached
hereto and incorporated herein by this reference. The Project Schedule may be amended by
mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently
pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party. If a delay beyond the control of the Contractor is encountered, a time extension may be
mutually agreed upon in writing by the City and the Contractor. The Contractor shall present
documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of three (3) years, ending on June 30, 2023, unless previously terminated as provided
herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be
extended for a maximum of two (2) successive one (1) year periods. Such extensions, if any, will
be evidenced by a written amendment to this Agreement.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior
written notice to Contractor. In the event of such termination, Contractor shall immediately stop
rendering services under this Agreement unless directed otherwise by the City. If the City
suspends, terminates or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
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Form Revised April 2020 West Coast Arborists, Inc.
If the Contractor defaults in the performance of any of the terms or conditions of this
Agreement, it shall have ten (10) days after service upon it of written notice of such default in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor
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 to at law, in equity, or under this
Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement,
to terminate this Agreement, at its option and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement, immediately upon service of written
notice of termination on the Contractor, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
I. Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and including
the effective date of the City's written notice of termination, within forty-five (45) days after the
effective date of the notice of termination or the final invoice of the Contractor, whichever occurs
last. Compensation for work in progress shall be prorated based on the percentage of work
completed as of the effective date of termination in accordance with the fees set forth herein.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Contractor in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of
termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company authorized to do business in California, with
a current A.M. Best's rating of no less than A:VII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
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Form Revised April 2020 West Coast Arborists, Inc.