HomeMy WebLinkAboutAGENDA REPORT 2014 0716 CCSA REG JNT DC ITEM 10FITEM 10.F.
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Allen Walter, Landscape and Parks Superintendent
DATE: July 2, 2014 (CC Meeting of July 16, 2014)
SUBJECT: Consider Agreement with West Coast Arborist for Tree Maintenance
Services and Authorize Staff to Solicit Bid Proposals for Tree
Maintenance Services
BACKGROUND / DISCUSSION
On July 31, 2000, the City Council awarded a 12 -month Agreement to West Coast
Arborist, Inc., (WCA) for tree maintenance services. On July 1, 2001, the City and
Contractor entered into Amendment No. 1 providing a cost of living increase, a one-year
extension, and provision for three additional one-year extensions with no cost increases
expiring on June 30, 2004. On July 1, 2004, the City and Contractor entered into
Amendment No. 2 .providing a ten year extension, at existing rates, expiring on June 30,
2014.
Staff is requesting authorization of a new agreement with WCA for tree maintenance
services through September 30, 2014 at a cost of twenty-five thousand dollars
($25,000). The new Agreement will provide additional time for staff to obtain proposals
and complete the bidding process for tree maintenance services.
The City is satisfied with the level of tree maintenance services that WCA has provided
to the City over the past fourteen (14) years. WCA's services have enabled the City to
regularly maintain our urban forest and be consistent with the established maintenance
practices of the International Society of Arboriculture. Due to the length of time that
WCA has provided services for the City, staff feels that it is time to request competitive
bids for tree maintenance services. In addition, staff feels that is it necessary to update
the scope of services to include digital collection of urban forestry management data
through the use of Global Positioning Systems (GPS) and Geographic Information
System (GIS) mapping, as well as establishing a long term maintenance plan for the
City's urban forest.
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Honorable City Council
July 2, 2014
Page 2
FISCAL IMPACT
The City Council has previously approved two hundred forty-six thousand four hundred
fifty dollars ($246,450) in appropriation for these services as part of the adoption of the
FY 2014/15 Budget. The proposed action does not require any additional funding.
STAFF RECOMMENDATION
Approve agreement with West Coast Arborist, Inc. for $25,000.00 and authorize
the City Manager to execute the Agreement, subject to final language approval of
the City Manager and the City Attorney; and
2. Approve the Tree Maintenance Services Contract Documents and Specifications,
and authorize staff to solicit proposals for tree maintenance services.
Attachments -
1 —Agreement
2 - Tree Maintenance Services Contract Documents and Specifications
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Attachment 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
WEST COAST ARBORISTS, INC., FOR TREE MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of this day of
, 2014, between the City of Moorpark, a municipal corporation
("City") and West Coast Arborists, Inc., a corporation ("Contractor"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for services related to tree maintenance; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution and expire on September
30, 2014, unless this Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide tree maintenance
services, as set forth in Exhibit B, Scope of Services which exhibit is attached hereto and
incorporated herein by this reference as though set forth in full and hereinafter referred to
as the "Proposal" and as set forth in Exhibit B, Where said Scope of Services is modified
by this Agreement, or in the event there is a conflict between the provisions of said Scope
of Services and this Agreement, the language contained in this Agreement shall take
precedence.
Contractor shall perform the tasks described and set forth in Exhibit B. Contractor shall
complete the tasks according to the schedule of performance which is also set forth in
Exhibit B.
Compensation for the services to be performed by Contractor shall be in accordance with
Exhibit B. Compensation shall not exceed the rates or total value of twenty-five thousand
dollars ($25,000) as stated in Exhibit B, without a written amendment to the agreement
executed by both parties. Payment by City to Contractor shall be as referred to in this
Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply. Contractor agrees to comply with and be bound by all the terms, rules and
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regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, including without limitation California Labor Code Section
1771 and (b) the rules and regulations established by the Director of Industrial Relations
implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor
who will perform work on this project, Contractor shall be responsible for subcontractor's
compliance with (a) and (b), and Contractor shall take all necessary actions to ensure
subcontractor's compliance.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its
obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the Agreement
provisions herein above set forth and to serve as principal liaison between City and
Contractor shall be Andy Trotter, and no other individual may be substituted without the
prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City
Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the schedule
of payment as set forth in Exhibit B, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the above tasks.
This amount shall not exceed twenty-five thousand dollars ($25,000) for the total term of
the Agreement unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with its
performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both
parties. The City Manager, if authorized by City Council, may approve additional work not
to exceed ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices shall be
submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within thirty
(30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of
Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt
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of any disputed fees set forth on the invoice. Contractor shall provide appropriate
documentation, as determined by the City, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or terminate this
Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days
prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void
or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written notice no
less than thirty (30) days in advance of such termination. In the event of such termination,
Contractor shall be compensated for such services up to the date of termination. Such
compensation for work in progress shall be prorated as to the percentage of progress
completed at the date of termination.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City
may proceed in the manner set forth in Section 6-4 of the Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute a
default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice 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 at law,
in equity or under this Agreement.
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8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time period
required by this Agreement or as duly extended in writing by the City Manager, Contractor
shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty
dollars ($150.00) per day for each calendar day the work, or portion thereof, remains
uncompleted after the above specified completion date. Liquidated damages shall be
deducted from any payments due or to become due to the Contractor under the terms of
this Agreement [Government Code Sec. 53069.85]. Progress payments made by the City
after the above specified completion date shall not constitute a waiver of liquidated
damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles
and shall be clearly identified and readily accessible. Contractor shall provide free access
to the representatives of City or its designees at reasonable times to such books and
records; shall give the City the right to examine and audit said books and records; shall
permit City to make transcripts therefrom as necessary; and shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement. Notification
of audit shall be provided at least thirty (30) days before any such audit is conducted. Such
records, together with supporting documents, shall be maintained for a period of ten (10)
years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used,
reused, or otherwise disposed of by the City without the permission of the Contractor. With
respect to computer files, Contractor shall make available to the City, at the Contractor's
office and upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring, and printing computer
files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless
City, its officers, officials, employees and volunteers from and against all liability, loss,
damage, expense, cost (including without limitation reasonable legal counsel fees, expert
fees and all other costs and fees of litigation) of every nature arising out of or in
connection with Contractor's negligence, recklessness or willful misconduct in the
performance of work hereunder or its failure to comply with any of its obligations contained
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in this agreement, except such loss or damage which is caused by the sole or active
negligence or willful misconduct of the City. Should conflict of interest principles preclude a
single legal counsel from representing both City and Contractor, or should City otherwise
find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its
costs of defense, including without limitation reasonable legal counsels fees, expert fees
and all other costs and fees of litigation. The Contractor shall promptly pay any final
judgment rendered against the City (and its officers, officials, employees and volunteers)
with respect to claims determined by a trier of fact to have been the result of the
Contractor's negligent, reckless or wrongful performance. It is expressly understood and
agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the state of California and will survive termination of this
Agreement.
Contractor obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of City under any provision of this agreement,
Contractor shall not be required to indemnify and hold harmless City for liability attributable
to the active negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City active
negligence accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section from each and every subcontractor or any other person
or entity involved by, for, with, or on behalf of Contractor in the performance of this
Agreement. In the event Contractor fails to obtain such indemnity obligations from others
as required here, Contractor agrees to be fully responsible according to the terms of this
Section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or
Section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnitees may
have under the law or under any other Contract Documents or Agreements. In the event of
any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the
Contractor under this Agreement for the purpose of resolving such claims; provided,
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however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the Indemnitees' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A attached hereto and incorporated herein by
this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent Contractor.
The personnel performing the services under this Agreement on behalf of Contractor shall
at all times be under Contractor's exclusive direction and control. Neither City nor any of
its officers, employees, or agents shall have control over the conduct of Contractor or any
of Contractor's officers, employees, or agents, except as set forth in this Agreement.
Contractor shall not at any time or in any manner represent that it or any of its officers,
employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability
against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the performance
of this Agreement. Except for the fees paid to Contractor as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Contractor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, 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, including but not limited to the Americans with
Disabilities Act and Occupational Health and Safety Administration laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned
by failure of the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, or gender of such
person, except as provided in Section 12940 of the Government Code. The Contractor
shall have responsibility for compliance with this Section [Labor Code Section 17351.
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15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or in
concert with any officer or employee of the City in connection with the award, terms, or
implementation of this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the City will receive
compensation, directly or indirectly from Contractor, or any officer, employee, or agent of
Contractor, in connection with the award of this Agreement or any work to be conducted
as a result of this Agreement. Violation of this Section shall be a material breach of this
Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in
any agreement or sub -agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any
manner or degree with the performance of their services hereunder. Contractor further
covenants that in the performance of this Agreement, they shall employ no person having
such interest 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 the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an entitlement
application for property in the City or its Area of Interest, now or within the past one (1)
year, and further covenants and agrees that Contractor and/or its subcontractors shall
provide no service or enter into any contract with any developer(s) and/or property
owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property
and/or processing an entitlement application for property in the City or its Area of Interest,
while under contract with the City and for a one (1) year time period following termination
of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such notices
and any other document to be delivered shall be delivered by personal service or by
deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
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To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: West Coast Arborists Inc.
Andy Trotter
2200 East Burton Street
Anaheim, California 92806
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered upon receipt by personal
service or as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have the
change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect,
all licenses required of it by law for the performance of the services in this Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other
action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
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agreements, understandings, representations, and statements, oral or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth in
this Agreement will damage and injure City, but the extent of such damage and injury is
difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit B
attached hereto and incorporated herein by this reference as though set forth in full. In the
event of conflict, the requirements of the City's Bid Package and this Agreement shall take
precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the -Agreement or
caused it to be prepared.
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29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver
of any other provision, whether or not similar, nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver shall be binding unless
executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants and
represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF MOORPARK
By:
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
WEST COAST ARBORISTS, INC.
By:
Andy Trotter, Vice President
r..
EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. if that existing coverage does not
meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available to
City in excess of the limits and coverage required in this Agreement and which is
applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance Services Office
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits shall be no less than $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following.-
a.
ollowing:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors, subcontractors,
or others involved in the project. Policy shall be endorsed to provide a separate limit
applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state -approved policy form
providing statutory benefits as required by law with employers' liability limits no less than
$1,000,000 per accident for all covered losses.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including
symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than
$1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos in
any way on this project, Contractor shall provide evidence of personal auto liability
coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage for
claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of contractor, subcontractors, or others involved in the Work. The
scope of coverage provided is subject to the approval of city following receipt of proof of
insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with A.M. Best rating of A- or better and a
minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 2004.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains
the right to subrogate against any party for sums not paid by insurance. For its
part, Contractor agrees to waive subrogation rights against City regardless of
the applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
OR
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discover period) that may affect City's protection without
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to
City at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is
canceled or reduced at any time and no replacement coverage is provided, City
has the right, but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other Agreement and to pay the premium.
Any premium so paid by City shall be charged to and promptly paid by
Contractor or deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non -renewal of any such coverage, and
to require contractors, subcontractors, and any other party in any way involved
with the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
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Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self -insure its obligations to City. If
Contractor's existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the City. At that
time the City shall review options with the Contractor, which may include
reduction or elimination of the deductible or self-insured retention, substitution of
other coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City will negotiate additional
compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance
to this Agreement. This obligation applies whether or not the Agreement is
270
canceled or terminated for any reason. The insurance shall include but not be
limited to products and completed operations and discontinued operations,
where applicable. Termination of this obligation is not effective until City
executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision
in this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be
endorsed to provide a separate aggregate limit for the project that is the subject
of this Agreement and evidencing products and completed operations coverage
for not less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to change City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City
shall determine the liability limit.
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West est Coast Arb®rists, Inc. - rROpomi, wit ANNUAL TREE MAIVITNANCE SERVIctiS
SCHEDULE OF COMPENSATION EXHIBIT B
Bidders Proposal and Statement
The undersigned as bidder declares that helshe has carefuity examined the location of the proposed work, that heishe
has examined the specifications and is familiar with same and that he/she hereby propanes gad agrees to furnish all
labor, materiel and equipment and do 0 the work required to
complete the project in accordance with said
specification in the time and manner therein prescribed, should tht City accept the bid proposal incorporated herein.
AS DESCRI13ED IN THIS CONTRACT:
UNIT PRICE UMT
OESCR1PTiON
TREE TRIMMING
$ 40.13
Each
TREE RAISING
20.07
Each
PALM TREE TRIMMING
40.13
Each
COMPLETE TREE & STUMP REMOVAL
13.38
Inch
STUMP ONLY REMOVAL
4.12
Inch
TREE PLANTING
15 plion without root barrier
82.32
Each
with root barrier
97.76
Each
24 inch box without root barrier
164.64
Each
with root barrier
200.66
Each
Tree Planting (15 gallon) with root barrier
and City supplying tree.
77.18
Each
Tree Planting (24 inch box)) with root barrier
and City supplying tree.
138.92
Each
WATERING
267.54
Day
CREW RENTAL
3 men, aerial unit, dump truck & chipper 97.76 Hourly
CREW RENTAL
2 man, aerial unit, dump truck & chipper 65.17 Hourly
CREW RENTAL
I man, necessary equipment 32.59 Hourly
EMERGENCY CALL OUT
3 men, necessary equipment, dump fees 208.80 hourly
COMPLETE URBAN FOREST MANAGEMENT PROGRAM �
272
Attachment 2
TREE MAINTENANCE SERVICES
CONTRACT DOCUMENTS AND SPECIFICATIONS
for
Tree Maintenance Services
City of Moorpark
799 Moorpark Avenue
Moorpark, California
July 2, 2014
City of Moorpark
CONTACT: Allen Walter
Landscape/Parks Maintenance Superintendent
799 Moorpark Avenue
Moorpark, California 93021
(805) 517-6360
273
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS .................................................................................. 1
INSTRUCTIONSTO BIDDERS .......................................................................................
3
BIDFORMS .....................................................................................................................
9
PROPOSAL FORM....................................................................................................
10
BID SCHEDULE .........................................................................................................
11
BIDDER'S INFORMATION ........................................................................................
12
CONTRACTOR'S REFERENCES .............................................................................
14
SUBCONTRACTORS................................................................................................
16
CONTRACTOR'S CERTIFICATE ..............................................................................
17
REGARDING WORKERS' COMPENSATION...........................................................17
NON -COLLUSION DECLARATION ...........................................................................
18
BIDBOND ..................................................................................................................
19
PERFORMANCEBOND ...............................................................................................
20
EXHIBIT A - CONTRACTOR PERFORMANCE REQUIREMENTS ..............................22
EXHIBIT B - SCOPE OF WORK ....................................................................................
30
APPENDIX 1 - SAMPLE AGREEMENT ........................................................................
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NOTICE INVITING SEALED BIDS
FOR
TREE MAINTENANCE SERVICES
CITY OF MOORPARK
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark ("City"), invites sealed
bids for the above stated project and will receive such bids in the office of the City Clerk,
799 Moorpark Avenue, Moorpark, California, 93021 on Tuesday, July 29, 2014, up to
the hour of 10:00 a.m. at which time they will be publicly opened and read. The official
bid clock, which will establish the official bid time, will be determined by the City Clerk's
Division of the City of Moorpark.
The Scope of Work for this project consists of providing all labor, services, and
furnishing all materials, tools, equipment, supplies, and transportation as necessary for
the performance of scheduled and emergency tree maintenance services in parks,
landscaped parkways, medians, slopes, and at miscellaneous City properties in
accordance with contract provisions and specifications attached hereto and made a part
of this Notice.
A mandatory pre-bid conference will be held at the Moorpark Public Services Facility,
627 Fitch Avenue, Moorpark, California, 93021, on Tuesday, July 15, 2014, at 9:00 a.m.
Only those bidders in attendance will be eligible to submit bid proposals. A City tour of
all proposed areas will be made available to prospective bidders on Tuesday, July 15,
2014, at 10:00 a.m.
Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond,
made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid
price for year one (1). This bond or check will constitute a guarantee that the bidder will,
if an award is made to him/her in accordance with the terms of said bidder's proposal,
provide all licenses, insurance and bonds as identified in this Request for Proposal and
execute a contract on the City's standard form.
Prospective bidders may obtain copies of Contract Documents and Specifications for
Landscape Maintenance Services on the City's website at
www.moorparkca.gov/bids.aspx. Documents are only available electronically via the
City's website or from the bid depository's noted below.
Bids must be prepared on the approved Proposal forms in conformance with the
Instructions to Bidders and submitted in a sealed envelope plainly marked on the
outside, "TREE MAINTENANCE SERVICES PROPOSAL -- DO NOT OPEN WITH
REGULAR MAIL".
All bidders must possess a State of California Contractor's License, Class C -61/D49
and C27, and have on staff at least two (2) ISA Certified Arborists, as defined in the
contract documents, at the time of bid submission to be eligible for the award of
contract. Said Licenses and Certifications must be maintained in good standing
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275
throughout the term of the contract. Failure to possess the specified licenses shall
render the bid as non-responsive. No contract will be awarded other than to a contractor
properly licensed in accordance with contract documents, and the provisions of Chapter
9, Division 3, of the Business and Professions Code of the State of California, cited as
the Contractor's State License Law. Each bidder shall submit a photographic copy of its
active contractor's license, and ISA arborist certification with the bid documents.
This is a prevailing wage project. In accordance with the provisions of Division 2, Part
7, Chapter 1 of the California Labor Code (Section 1770 et al.), the California
Department of Industrial Relations has established the general prevailing rates of per
diem wages for each craft, classification, and type of work needed to execute contracts
for public works and improvements. The per diem wages published at the date the
contract is advertised for bids shall be applicable. Copies of the prevailing rate of per
diem wages are on file in the Parks, Recreation and Community Services Department
or on the Internet at www.dir.ca.gov/DIR/S&R/statistics _research.html and such copies
will be made available to any interested party upon request. Future effective wage rates
which have been predetermined are on file with the Department of Industrial Relations,
are referenced but not printed in said publication. The new wage rates shall become
effective on the day following the expiration date and apply to this contract in the same
manner as if they had been included or referenced in this contract.
The wage rate for any classification not listed by the California Department of Industrial
Relations, but which may be required to execute the proposed contract, shall be in
accord with specified rates for similar or comparable classifications or for those
performing similar or comparable duties, within the agencies determinations.
Pursuant to California Civil Code Section 3248, the successful bidder shall furnish to the
City at the time of execution of the contract a performance bond approved by the City in
an amount equal to one hundred percent (100%) of the contract price.
The Moorpark City Council reserves the right to reject all bids.
This contract is subject to liquidated damages.
All bids must be submitted in conformance with this Notice and with Instructions to
Bidders.
The Contract Documents and Specifications will be available for public inspection at the
following locations: City of Moorpark, 799 Moorpark Avenue, Moorpark, California,
93021; F.W. Dodge, 1333 S. Mayflower Avenue, Ste 300, Monrovia, California, 91016;
Ventura County Contractor's Association, 1830 Lockwood Street, Suite 110, Oxnard,
California, 93036; www.ebidboard.com.
Contact: Allen Walter Parks/Landscape Maintenance Superintendent at (805) 517-6360
KA
276
INSTRUCTIONS TO BIDDERS
PROPOSAL FORMS AND SUBMITTAL
The City is soliciting cost proposals for tree maintenance services for City parks,
landscaped parkways, medians, slopes, and miscellaneous City properties.
Bids shall be submitted in writing on the forms provided by the City. Use of other forms
may be cause for rejection of bids. All information requested therein must be clearly and
legibly set forth in the manner and form indicated. Non -substantial deviations may be
considered, provided that the bidder submits a full description and explanation of, and
justification for, the proposed deviations. Final determination of any proposed deviation
will be made by the City in its sole discretion. The proposal forms which must be
submitted by bidders include pages 10 through 22.
SCOPE OF WORK
Scope of work to be performed under contract with the City includes, but is not limited
to, labor, services, and furnishing all materials, tools, equipment, supplies, and
transportation as necessary for the performance of tree maintenance and related
services as more fully described in Exhibits A and B.
EXAMINATION OF REQUEST FOR PROPOSALS DOCUMENT BIDDING
INSTRUCTIONS AND PROPOSAL, CONTRACT DOCUMENTS, PERFORMANCE
REQUIREMENTS, SCOPE OF WORK, AND AREAS TO BE MAINTAINED
The bidder shall personally examine the site of the work contemplated, specifications,
and Contract Documents before submitting a bid proposal, to ascertain the existences
of any conditions which may impact the bid proposal. Therefore, it will be assumed that
the bidder has personally investigated and is satisfied as to the general and local
conditions to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the services, and the requirements of these
specifications. It is mutually agreed that submission of a proposal shall be considered
prima facie evidence that the bidder has made such examination and fully accepts the
responsibility for the terms and conditions of the areas to be maintained according to
this contract and scope of work.
PROPOSAL GUARANTEE
Bid proposals must be accompanied by a certified or cashier's check, or bidder's bond,
made payable to the City of Moorpark in the amount of ten percent (10%) of the total bid
price for year one (1). This bond or check will constitute a guarantee that the bidder
will, if an award is made to him/her in accordance with the terms of said bidder's
proposal, provide all licenses, insurance, and bonds as identified in this Request for
Proposal and execute a contract on the City's standard form.
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277
The proceeds of the Bond will become the property of the City if the bidder fails to or
refuses to execute the contract within fourteen (14) calendar days after the City has
notified the bidder of intent to award the bid or within fourteen (14) calendar days after
notice of the award has been sent by mail to the bidder, whichever occurs first.
Additionally, the proceeds of the bidder's bond will become the property of the City if the
bidder fails to or refuses to furnish satisfactory bonds and/or evidence of insurance
required in the contract construction documents within fourteen (14) days after the bid
has been awarded. The bond shall be duly executed, on the form provided, by a surety
admitted to do business in the State of California. All bid bonds or substitutes thereof
will be returned upon timely execution of the contract and the filing of satisfactory
insurance certifications and bonds by successful bidder.
DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "TREE
MAINTENANCE SERVICES PROPOSAL" -- DO NOT OPEN WITH REGULAR MAIL".
Proposals may be mailed or delivered by messenger to City Clerk, Moorpark City Hall,
799 Moorpark Avenue, Moorpark, California, 93021. However, it is the bidder's
responsibility alone to ensure delivery of the proposal to the hands of the City's
designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed
Bids. The official bid clock, which will establish the official bid time, will be determined
by the City Clerk's Division of the City of Moorpark. Late proposals will not be
considered.
In order to guard against premature opening, the bid must be clearly labeled with the bid
title, name of bidder, and date and time of bid opening, as stated above.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations, incompleteness, or provisions attached to a
proposal will render it irregular and may cause its rejection. The completed Proposal
forms shall be without interlineations, alterations, or erasures. Bids with supplemental
information or from other than those proposed forms provided by the City will not be
considered.
I:11191►ITLNIMI
A bidder may withdraw his/her proposal, without prejudice prior to the time specified for
the bid opening, by submitting a written request to the City for its withdrawal, in which
event the proposal will be returned to the bidder unopened. No proposal received after
the time specified or at any place other than the place stated in the "Notice Inviting Bids"
will be considered. All bids will be opened and declared publicly. Bidders or their
representatives are invited to be present at the opening of the bids.
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278
BIDDER QUALIFICATIONS
All bidders must possess the following:
1) A State of California Contractor's License, Class C-27, C-61, and D-49
2) Arborist Certification issued by International Society of Arborist (ISA)
Copies of said licenses required of bidder must be presented at the time of bid
submission to be eligible for the award of contract and must be maintained in good
standing throughout the term of the contract.
Each bidder shall submit a photographic copy of its active contractor's license and ISA
Arborist Certification with the bid documents.
The City shall, before awarding a bid, verify that a contractor was properly licensed
when the contractor submitted the bid. In the event of a dispute as to the classification
of license required the opinion of the California Contractors' State License Board shall
prevail.
Bidder must obtain a City Business Registration prior to commencing work under this
contract.
COMPETENCY OF BIDDERS
In addition to the bidder's proposed compensation for services, consideration will be
given to:
1. Capability and qualifications of the contractor to perform the work
including, equipment, support facilities, and qualified personnel;
2. Prior experience in performing services of similar size and scope in a
competent and consistent manner including review of references of
previous and current contracts; and
3. Financial stability and standing of contractor, and proven competency of
the bidder of the performance of the services covered by the bid.
No bid for services will be accepted from a contractor who is not licensed in accordance
with applicable State Law. No award will be made to a bidder who has not been
licensed in accordance with the provisions of the State Business and Professions Code
by the date of the award of contract.
DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work sites, Contract
Documents, Specifications, and by any other means as they may believe necessary, as
to the actual physical conditions, requirements and difficulties under which the work
5
279
must be performed. No bidder shall at any time after submission of a proposal make
any claim or assertion that there was any misunderstanding or lack of information
regarding the nature or amount of work necessary for the satisfactory completion of the
job. Any errors, omissions, or discrepancies found in the Contract Documents shall be
called to the attention of the City in writing and clarified in writing prior to the submission
of proposals. Neither the City nor any of its officers, employees or servants assumes
any responsibility for errors or misinterpretations resulting from the receipt or use of an
incomplete set of contract documents or addenda. The bidder must satisfy themselves
that they have received a complete set of contract documents and addenda.
Written addenda shall be the sole means for modifying the Contract Documents prior to
the bid opening. The City shall not be bound by oral communications purportedly
modifying or interpreting the Contract Documents regardless of when or by whom such
oral communications are made and bidder should not rely upon such oral
communications in preparing their bid.
PREVAILING WAGES
This is a prevailing wage project. In accordance with the provisions of Division 2, Part
7, Chapter 1 of the California Labor Code (Section 1770 et al.), the California
Department of Industrial Relations has established the general prevailing rates of per
diem wages for each craft, classification and type of work needed to execute contracts
for public works and improvements. The per diem wages published at the date the
contract is advertised for bids shall be applicable. Copies of the prevailing rate of per
diem wages are on file in the Parks, Recreation and Community Services Department
or on the Internet at www.dir.ca.gov/DIR/S&R/statistics _research.html and such copies
will be made available to any interested party upon request. Future effective wage rates
which have been predetermined are on file with the Department of Industrial Relations,
are referenced but not printed in said publication. The new wage rates shall become
effective on the day following the expiration date and apply to this contract in the same
manner as if they had been included or referenced in this contract.
The wage rate for any classification not listed by the California Department of Industrial
Relations, but which may be required to execute the proposed contract, shall be in
accord with specified rates for similar or comparable classifications or for those
performing similar or comparable duties, within the agencies determinations.
Contractor is fully responsible to ascertain the rates of wages he/she will be required to
pay throughout the execution of all work under the contract and to comply with all
regulations pertaining to prevailing wages.
AWARD OF CONTRACT
At its sole discretion, the City reserves the right to reject any or all proposals, to waive
any irregularity, and to take the bids under advisement for a period of sixty (60) days, all
as may be required to provide for the best interests of the City. In no event will an award
be made until all necessary investigations are made as to the responsibility and
0
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qualifications of the bidder to whom the award is contemplated.
TIME FOR COMMENCEMENT AND COMPLETION
This is a twenty-four (24) month contract (October 1, 2014, through September 30,
2016), with an option for three (3) additional three one year terms, at the City's
discretion. An Agreement in substantially the same form as the Sample Agreement
included in the Contract Documents, shall be signed by the successful bidder and
returned to the City Clerk's Office, at Moorpark City Hall, 799 Moorpark Avenue,
Moorpark, California, together with the insurance certificates and endorsements and
contract bonds within fourteen (14) calendar days, after contractor has been notified by
City of the Notice of Award of Contract, via email or by regular mail. Contractor agrees
to endorse the third party general liability coverage required herein to include as
additional insureds City, its officials, employees, and agents, using standard ISO
endorsement as provided in the Agreement documents attached as Appendix 1 or
equivalent as approved by the City. Contractor also agrees to require all contractors,
subcontractors, and anyone else involved in any way with the project contemplated by
this Agreement to do likewise.
The bidder warrants that he/she possesses, and has arranged through subcontracts, all
capital and other equipment, labor, and materials to carry out and complete the work
hereunder in compliance with all applicable Federal, State, County, City and Special
District laws, ordinances, and regulations. Refusal or failure to deliver an executed
Agreement, Bonds, and Insurance in the form provided in the Contract Documents and
approved by the City within fourteen (14) calendar days, as identified above, shall be
just cause, at the City's sole option, to annul the award. In such an event, the City may
successfully award the contract to the next lowest responsible and responsive bidder
until a properly executed contract is obtained, or it may at any time reject all remaining
bids and proceed as provided by law. No bid shall be considered binding upon the City
until the execution of the Agreement by the City.
FAILURE TO ACCEPT CONTRACT
If the bidder to whom the award is made fails to enter into the contract, the award will be
annulled; any bid security will be forfeited in accordance with the Bid Terms and
Conditions, and Special Bid Terms and Conditions if a bidder's bond or security is
required; and an award may be made to the next lowest responsible bidder who shall
fulfill every term and condition of the bid documents.
CONTRACT ASSIGNMENT
The bidder shall not in whole or in part, assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the prior written consent of the City,
which may be withheld at the City's sole discretion.
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NON-DISCRIMINATION
In the performance of the terms of this contract, the bidder agrees that he/she will not
engage in, nor permit such subcontractors as he/she may employ, to engage in
discrimination in employment of persons because of the age, race, color, religious
creed, sex, sexual orientation, national origin, ancestry, physical disability, medical
condition, or marital status of such persons. Bidders will comply with all non-
discrimination laws.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
Bidder certifies that in all previous contracts and subcontracts with other public entities,
all reports which may have been due under the requirements of any Agency, State, or
Federal equal employment opportunity orders have been satisfactorily filed, and that no
such reports are currently outstanding.
NON -COLLUSION AFFIDAVIT
Bidder declares that the only persons or parties interested in this proposal as principals
are those named herein; that no officer, agent, or employee of the City of Moorpark is
personally interested, directly or indirectly, in this proposal; that this proposal is made
without connection to any other individual, firm, or corporation making a bid for the
same work and that this proposal is in all respects fair and without collusion or fraud.
n.
:R
IIIIIIIII
I WN 11111111111
71 IN III
lo
283
PROPOSALFORM
TREE MAINTENANCE SERVICES
TO THE CITY OF MOORPARK, as City:
In accordance with City's Notice Inviting Sealed Bids, and the instructions to bidders,
the undersigned bidder hereby proposes to furnish all materials, equipment, tools, labor,
transportation and incidentals required for the above stated project as set forth in the
Contract Documents and to perform all work in the manner and time prescribed therein.
Bidder declares that this proposal is based upon careful examination of the work sites
and all contract documents. If this proposal is accepted for award, bidder agrees to
enter into a contract with City at the unit and/or lump sum prices set forth in the
following Bid Schedule. Bidder understands that failure to enter into a contract in the
manner and time prescribed will result in forfeiture to City of the guarantee
accompanying this proposal.
Bidder understands that a bid amount is required in a manner set forth in the Bid
Schedule solely for the purpose of comparing bids, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT.
It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,
taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices
shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the bidder's
default in executing the required contract and filing the necessary bonds and insurance
certificates within fourteen (14) days, after the City has mailed notice of the award of
contract to the bidder, this bid and the acceptance hereof may, at the City's option, be
considered null and void.
Authorized Signature
Name
Title
10
BID SCHEDULE
TREE MAINTENANCE SERVICES
URBAN FORESTRY CARE AND TRIMMING SERVICES
The Bidder agrees to furnish all materials, supplies, equipment and/or services set
forth herein, in accordance with the contract documents and specifications outlined in
the Request for Proposal (RFP), at prices indicated below. All applicable services
include cleanup and disposal.
DESCRIPTION I
UNIT_j
COST
GENERAL SERVICES
General Pruning
Per Tree
$
Clearance Pruning
Per Tree
$
Tree and Stump Removal
Per DBH Inch
$
Tree Only Removal
Per DBH Inch
$
Stump Only Removal
Per Diameter Inch
$
Tree Planting 15 Gallon w/o Root Barrier
Per Tree
$
Tree Planting 15 Gallon w/ Root Barrier
Per Tree
$
Tree Planting 24" Box w/o Root Barrier
Per Tree
$
Tree Planting 24" Box w/ Root Barrier
Per Tree
$
Tree Planting 36" Box w/o Root Barrier
Per Tree
$
Tree Planting 36" Box w/ Root Barrier
Per Tree
$
Crew Rental (3 man crew including pickup,
aerial lift, chipper, and chipper truck)
Per Crew Hour
$
EmergencyWRental ( man cewk uding
pickup, aerial Iftchipper, &chiPPeuc)
Per Crew Hour
$
TREE INVENTORY SERVICES
Standard (Non -GPS) Tree Inventory
Per Tree
$
Tree Inventory - GPS Coordinate Based
Per Tree
$
Tree Inventory GPS to City GIS
Per Tree
$
ADDITIONAL SERVICES
ISA Certified Arborist
Per Hour
$
Annual Tree Inspection and Report
Per Hour
4$
REMOVAL COST FOR MILLED URBAN LUMBER
25" - 30" Diameter at Standard Height Per Tree $
31" - 36" Diameter at Standard Height Per Tree $
Over 36" Diameter at Standard Height Per Tree $
I, the undersigned agree to furnish and install work as identified in this Proposal, and as
described in the contract documents for the amounts shown on Bid Schedule.
Contractor's Authorized Signature
11
BIDDER'S INFORMATION
Bidder certifies that the following information is true and correct:
Bidder's Name
Type of Firm: Individual Partnership Corporation
Business Address
Telephone
State Contractor's C-27 License No. and Class(es)
Original Date Issued
Expiration Date
Bidder's State Licenses C-61, D-49 Numbers; list categories and "type" of license(s).
2)
3
Expiration Date:
Expiration Date:
Expiration Date:
The following are the names, titles, addresses, and phone numbers of all individuals,
firm members, partners, joint ventures, and/or corporate officers having a principal
interest in this proposal:
The date of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
12
S.
All current and prior DBA's, alias, and/or fictitious business names for any principal
having an interest in this proposal are as follows:
IN WITNESS WHEREOF, bidder executes and submits this proposal with the names,
titles, hands, and seals of all forenamed principals this day of
2014.
Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(Attach appropriate executed form)
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CONTRACTOR'S REFERENCES
Provide a minimum of three (3) references, to include the name of organization,
address, contact person, and telephone number, for which bidder has performed tree
maintenance services of similar size, price, and scope within the past ten (10) years.
The references listed shall reference previous and/or current maintenance programs
that demonstrate the bidder's experience, similar to the Scope of Work (Exhibit B)
described herein. Each reference does not need to demonstrate that all the criteria
listed below have been met under one individual contract. However, the bidder must
demonstrate that they have experience equal to a minimum of three (3) years, for each
area as follows:
Name of Organization
Address
Contact Person Telephone number and email address
Contract amount Contract period (start and end date)
Description of services (please be specific, describe tree grid pruning, service
responses, tree planting and removal, and emergency response protocol, consistent
with above directions)
2.
Name of Organization
Address
Contact Person Telephone number and email address
14
Contract amount Contract period (start and end date)
Description of services (please be specific, describe tree grid pruning, service
responses, tree planting and removal, and emergency response protocol, consistent
with above directions)
3.
Name of Organization
Address
Contact Person Telephone number and email address
Contract amount Contract period (start and end date)
Description of services (please be specific, describe tree grid pruning, service
responses, tree planting and removal, and emergency response protocol, consistent
with above directions)
*Bidder may attach additional sheets as needed. Additional references shall be listed in
the same format as above.
15
WE
SUBCONTRACTORS
The undersigned submits herewith a list of subcontractors who will perform any work
described in the Scope of Services.
Subcontractor Name:
License No:
Classification:
Subcontractor Address:
Subcontractor Phone:
Type of Work:
Portion of work to be done:
Subcontractor Name:
License No:
Classification:
Subcontractor Address:
Subcontractor Phone:
Type of Work:
Portion of work to be done:
Subcontractor Name:
License No:
Classification:
Subcontractor Address:
Subcontractor Phone:
Type of Work:
Portion of work to be done:
Bidder may attach additional sheets as needed. Additional subcontractors shall be listed
in the same format as above
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CONTRACTOR'S CERTIFICATE
REGARDING WORKERS' COMPENSATION
WORK IDENTIFICATION: Tree Maintenance Services
Labor Code Section 3700, in pertinent part, provides:
"Every employer except the state shall secure the payment of compensation in
one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more
insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of
consent to self -insure, which may be given upon furnishing proof
satisfactory to the Director of Industrial Relations of ability to self -insure
and to pay any compensation that may become due to his employees?"
I am aware of the provisions of Section 3700 of the Labor Code, which requires every
employer to be insured against liability for workers' compensation or to undertake self-
assurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Dated: Contractor:
Title:
(In accordance with California Labor Code Section 1860, et seq., the above Certificate
must be signed and filed with the City prior to performing any work under the
Agreement.)
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NON -COLLUSION DECLARATION
(Public Contract Code Section 7106)
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the of , the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder. All statements
contained in the bid are true. The bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, to effectuate a collusive
or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on [date],
at [city], [state].
Name of Bidder Name of Bidder
Signature of Bidder Signature of Bidder
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(Attach appropriate executed form)
im
292
1 • `►. l',
(in lieu of certified or cashier's check)
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and ,
as Surety, acknowledge ourselves jointly and severally bound to the City of Moorpark,
the obligee, for ten percent (10%) of the total bid, to be paid to said City if the Proposal
shall be accepted and the Principal shall fail to execute the contract tendered by the
City within the applicable time specified in the Bid Terms and Conditions, or fails to
furnish either the required Faithful Performance or Labor and Material Bonds, or fails to
furnish evidence of insurance as required in the Standard Specifications, then this
obligation shall become due and payable, and Surety shall pay to obligee, in case suit is
brought upon this bond in addition to the bond amount hereof, court costs and a
reasonable attorney's fee to be fixed by the court. If the Principal executes the contract
and furnishes the required bonds and evidence of insurance as provided in the contract
documents, this bond shall be extinguished and released. It is hereby agreed that bid
errors shall not constitute a defense to forfeiture.
WITNESS our hands this day of 12013.
Contractor
By
Title
By
Title
Surety
By
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed forms)
��
293
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the CITY OF MOORPARK, CALIFORNIA, a municipal corporation,
hereinafter ("City") and
(hereinafter "Contractor") have entered into an Agreement dated
2014, for work identified as
which Agreement is hereby
incorporated into and made a part hereof; and.
WHEREAS, said Contractor, is required to furnish a bond in connection with said
contract, providing for the faithful performance thereof;
NOW, THEREFORE, we, the Contractor, as Principal, and
a corporation organized and existing under the
laws of the State of and duly authorized to transact business under
the laws of the State of California, as Surety, are held and firmly bound unto the City, as
Obligee, in the sum of Dollars ($ )
lawful money of the United States of America, said sum being not less than one
hundred percent (100%) of the estimated amount payable by the said Obligee under the
terms of the contract for which payment well and truly to be made, the said principal and
the said surety, bind ourselves and our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the said Principal, his or its
heirs, executors, administrators, successors or assigns, his or its subcontractors, shall
perform and fulfill all the undertakings, covenants, terms, conditions of said Agreement
during the original term of the Agreement, and any and all duly authorized extensions
thereof, with or without notice to the Surety, and during the life of any guaranty required
under the contract, and shall also perform and fulfill all the undertakings, covenants,
terms, conditions and agreement of any and all duly authorized modifications of said
contract that may hereafter be made, notice of which modifications to the Surety being
hereby waived, then this obligation shall be void and of no effect.
In case suit is brought upon this bond, the court shall fix and award and the surety shall
pay, in addition to the face amount hereof, costs and reasonable attorney's fees
incurred by the City in successfully enforcing said obligation.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 2014.
(Corporate Seal)
(Corporate Seal)
(Principal)
By
(Title)
(Surety)
By
(Title)
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(Attach appropriate executed forms)
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EXHIBIT A
CONTRACTOR PERFORMANCE REQUIREMENTS
A. WORKING HOURS:
Working hours are Monday through Friday, between 7:00 a.m. to 5:00
p.m. with the following exceptions: Tierra Rejada Road, Los Angeles
Ave, Campus Park Drive, and Princeton Ave working hours shall begin
after 9:00 am ("working hours"). No work shall be performed on
Saturday, Sunday, or City approved holiday outside of these specified
times, without prior written approval from the representative designated
by the City (herein after referred to as "City Representative"), except
for emergency situations.
2. Contractor shall be responsible for any costs incurred by the City
including, but not limited to, City staff's overtime hourly rate and any
related costs, for any City approved work performed by the Contractor
on weekends and/or holidays, which may require verification and
inspection by City staff. City staff overtime costs shall be assessed as
follows (subject to change per current staff billing rates, deposits, fee
development processing, and fee resolution):
Parks and Recreation Director: $278/hr.
Parks and Landscape Manager $225/hr.
Landscape/Parks Maint. Superintendent or Supervisor: $180/hr.
Maintenance Worker III: $105/hr.
3. The Contractor shall have staff available by phone contact (not an
answering service) including, but not limited to Contractor's on-site
supervisor(s) twenty-four (24) hour per day, seven (7) days a week to
respond to callouts, questions, and verification of schedules.
4. Non -working City holidays include: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Contractor shall have personnel in place to carry out the
responsibilities of this Contract on all other City holidays if they fall on a
weekday.
5. Fourteen (14) days prior to the start of Contractor scheduled grid tree
maintenance services, the Contractor shall submit to the City a
proposed maintenance schedule. The schedule shall include a list of
all activities specified in the Scope of Work (Exhibit B) by location, with
respective days of the week and time of day said activities will be
performed. After City approval, any revisions to the approved schedule
must be authorized in writing by the City Representative.
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6. The use of leaf blowers or air broom is prohibited, except between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
B. SUPERVISION:
1. Contractor shall provide a minimum of one (1) on-site tree
maintenance services supervisor, fully trained in all aspects of the
International Society of Arboriculture (ISA) standards and regulations
Said supervisor(s) shall have a minimum of seven (7) years of
experience at the supervisory and tree maintenance services.
Fourteen (14) days prior to the start of any work, the Contractor shall
submit to the City information that demonstrates the supervisor's
qualifications for City review and approval. During the term of the
Contract, the City Representative shall approve any changes to the
tree maintenance services supervisor position.
2. The tree maintenance services supervisor shall remain on site for the
duration of the tree maintenance services being performed except as
required to obtain equipment and supplies necessary for the tree
maintenance services.
3. Contractor shall have an on-site supervisor(s) capable of
communicating effectively both in written and oral English, at all times
during the term of the Contract. Any communication from the City to
the Contractor's on-site supervisor(s) shall be deemed as delivered to
the Contractor.
4. Contractor shall endeavor to maintain excellent public relations at all
times. The work shall be conducted in a manner which will cause the
least possible interference and disturbance to the public. Work shall be
performed by competent employees and supervised by a person(s)
experienced in supervising tree maintenance services operations.
5. Contractor shall ensure that its employees are dressed in a company
uniform shirt recognizable as Contractor's and all safety equipment.
C. COMMUNICATION/EMERGENCY RESPONSE:
1. Contractor shall have the ability to contact their field crews within
fifteen (15) minutes of notification by City Representative during normal
working hours.
2. Contractor shall provide capabilities for twenty-four (24) hour per day,
seven (7) days a week service. Contractor shall provide a 24 hour
emergency contact person, who is familiar with the City's tree
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maintenance operation, with phone number (not an answering service)
for non -working hours, including weekends and holidays.
During an after-hours emergency situation, the Contractor shall provide
on-the-job response time of no more than one (1) hour maximum upon
notification by City.
D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor,
at Contractor's sole expense, shall furnish all necessary equipment, supplies,
and materials of good quality and in the amounts necessary to fulfill these
specifications and to accomplish an acceptable and professional level of
maintenance, as determined by City Representative.
E. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully
responsible for any and all damage to City property resulting from the
Contractor's operations. This shall include, but not be limited to, the repair,
removal and replacement, at Contractor's expense, of grass, irrigation
system, ground cover or other landscape items that are lost or damaged due
to tree maintenance services and operations. This shall also include any
damage to buildings, infrastructure, hardscape, and other improvements due
to Contractor's negligence. The City Representative shall determine if the
contractor is negligent.
F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be
notified a minimum of 48 hours in advance prior to commencing work that
involves digging underground. This notification is required for each location
said work is performed. Written verification of such notification shall be
provided to the City Representative prior to commencing work.
G. PROPERTY DAMAGE: Any damage to utility lines shall be immediately
reported to the relevant utility company, as well as to the City Representative.
The cost of the repair, if required, will be at the Contractor's expense. If
damage occurs to any landscape material, irrigation system components,
adjacent hardscape surfaces or other property, immediate repair or necessary
replacement of the same shall be at the Contractor's sole expense.
H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access
to private property, the Contractor shall notify, in writing, each affected
property owner or responsible person, informing him of the nature of, and the
approximate duration of, the restriction. Contractor shall also provide a copy
of said notification to City Representative prior to commencing such work.
PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS:
Contractor shall be responsible for the protection of all improvements
adjacent to the work, such as irrigation system components, drain pipes,
lawns, brick work, plants, masonry work, fences, walls, sidewalks, street
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paving, etc., located on either public or private property. If any improvements
are removed or damaged, other than those designed for removal, then such
improvements shall be replaced in kind at the Contractor's sole expense and
to the City's satisfaction, within forty-eight (48) hours. If the Contractor fails to
render proper repairs within the 48 hour limit, the City will make the repairs
and deduct the cost of such repairs, plus 15% administrative costs, from the
Contractor's monthly bill.
J. TRAFFIC CONTROL:
1. Contractor shall conform to all California Vehicle Code and CAL OSHA
requirements and operating rules at all times this Contract is in effect.
Contractor shall obtain an annual City Encroachment Permit and
adhere to such conditions for street work. Contractor shall conduct all
work in a manner that will insure continuous traffic flow on all streets at
all times. In situations where it is necessary to restrict traffic flow, the
Contractor shall contact the City Public Works Inspector prior to start of
work. Contractor shall be responsible for supplying and using all safety
equipment necessary to close or delineate traffic lanes to through
traffic. This is to include a high visibility arrow board. Prior to closing
lanes and/or interfering with the flow of traffic, Contractor shall seek the
approval of the City Representative. Twenty-four (24) hour notification
is required. City shall set days of the week and times when traffic
lanes may be closed.
2. Signs used for handling traffic during the course of this project shall be
in accordance with the "Work Area Traffic Control Handbook"
(WATCH) published by Building News, Inc., and made a part of these
detailed specifications. The method in which signs, barriers, and other
miscellaneous traffic devices are used during construction shall be in
accordance with the publication mentioned. A copy of said publication
is on file at the Moorpark Public Services Facility. All signs shall be
illuminated or reflectorized when they are used during hours of
darkness. All cones, pylons, barricades, or posts used .in the diversion
of traffic shall be provided with flashers or other satisfactory
illumination if in place during hours of darkness.
3. Traffic control and detours conforming to all the provisions of these
specifications, unless otherwise specified and itemized in the bid
schedule, shall be included in the Contract unit or lump sum prices
paid for various items of work where traffic control and/or detours are
required, without additional compensation.
4. Liquidated damages shall be assessed in the amount of One Hundred
Fifty dollars ($150.00) for each day that the Contractor fails to conform
to any California Vehicle Codes, CAL OSHA requirements or traffic
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control measures as described in these specifications.
K. ENCROACHMENT PERMITS: The Contractor shall secure an approved
annual City encroachment permit.
L. SUBCONTRACTORS: Contractor shall only use subcontractors in the
performance of this Contract listed on Subcontractor(s) form submitted with
the bid documents. All subcontractors shall be licensed and shall only provide
the services listed and that they are licensed to perform. Any subcontractor
not listed on the subcontractors form or any changes made to the
subcontractors used by the Contractor during the term of the Contract, shall
be approved in writing by the City Representative. The City reserves the right
to reject the services of any subcontractor for any reason, and at any time
during the performance of this Contract.
M. HAZARDOUS WASTE AND NPDES REQUIREMENTS:
1. Contractor shall comply with CAL OSHA standards and the American
National Standard Institute, Z133.1.1988 Safety Requirements in the
performance of all work under this Contract. The Contractor shall
conduct the work required in such a manner as to cause the least
amount of interference to the public and the general operations of the
City.
2. Contractor shall be responsible for compliance will all Federal and
State hazardous waste and materials requirements, codes and laws.
Any situations involving the use of, or observance of, hazardous waste
or materials shall be reported to the City Representative immediately.
3. Contractor shall be responsible for compliance with all Federal, State
and local requirements, codes and law regarding National Pollutant
Discharge Elimination System (NPDES). Information and specifications
can be found in the document entitled, "Stormwater Pollution Control
Guidelines for Construction Sites," which by reference is a part of
these specifications and is available for review at the Moorpark City
Hall front counter.
4. Contractor shall implement all necessary steps to ensure the methods
and practices it uses to carry out its responsibilities under this contract
comply with NPDES, including but not limited to: maintaining a clean
work site; properly disposing of all debris; appropriate storage of
materials; managing and operating vehicles and equipment in a
manner to prevent leaks and spills; preventing pollution of the storm
drain system during import, export, stockpiling, and spreading of
landscape debris and materials, and preventing and controlling
discharge of soil sediments, fertilizers, herbicides, insecticides,
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rodenticides, solvents, cleaning solutions, and other chemicals.
N. INSPECTION: At the request of the City Representative the Contractor shall
accompany the City Representative to inspect tree maintenance services
performed to determine maintenance standards are per contract
specifications and ISA standards. Should the City Representative determine
standards are not being met the Contractor may incur liquidated damages, as
more fully described in Section O. If Contractor fails to repair or correct
deficiencies within five (5) working days past the time line approved by the
City, Contractor may be found in nonconformance with the Contract and City,
at its discretion, may take corrective action at Contractor's sole expense, plus
15% administrative fee and assessed liquidated damages. Such fees and
expenses shall be deducted from Contractor's invoice.
O. DEFICIENCIES - LIQUIDATED DAMAGES: Failure by the Contractor to
perform the services described herein to this Contract, will be considered a
deficiency. It is agreed that said deficiencies will result in damage to the City.
Contractor shall be responsible for all costs associated with said damage
including any additional costs incurred by the City in the inspection,
administration and performance of the work not performed or performed
improperly by the Contractor, in addition to the liquidated damages amount as
follows:
Liquidated damages shall be assessed in the amount of One Hundred Fifty
dollars ($150.00) for each incident at each separate location for each day that
the deficiency remains uncorrected.
P. CITY'S RIGHT TO USE OTHER LABOR: Contractor recognizes that during
the course of this Contract, other activities and operations may be conducted
by City work forces and other Contracted parties. These activities may
include, but not be limited to, storm related operations, staging of police and
fire for emergencies and disaster control, and a variety of recreation programs
and special events. During said activities and operations the Contractor may
be required to modify or curtail certain work tasks and normal maintenance
operations, and shall promptly comply with any request thereof by the City.
Q. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor
shall clearly identify each vehicle and equipment (i.e. trucks, chippers, and
trailers) used at said facilities in the performance of this contract with decals
on the exterior right and left front door panels, or other City approved location,
identifying the Contractor's name, and phone number. Decals shall not be
less than 12 inches by 18 inches in size, and shall be clearly visible from a
distance of 50 feet.
Contractor's maintenance vehicles exterior paint and vehicle body shall be
kept clean, new in appearance and in a generally well maintained condition.
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R. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO
CONTRACT: Should the Contractor fail to correct deficiencies or public
nuisances, these will be considered to be of an emergency nature and cause
for the City make corrective repairs. Such work shall be billed to the
Contractor for each callout, plus actual time spent on the repairs. It also
should be noted that there is a minimum two (2) hour charge for labor on any
callout. City staff hourly costs shall be assessed as follows (subject to
change per current staff billing rates, deposits, fee development processing,
and fee resolution):
Parks and Recreation Director: $175/hr.
Parks and Landscape Manager: $150/hr.
Landscape/Parks Maintenance Superintendent or Supervisor: $120/hr.
Maintenance Worker III: $65/hr.
City staff overtime hourly costs for weekend work or after hours work
shall be assessed as follows (subject to change per current staff billing
rates, deposits, fee development processing, and fee resolution):
Parks and Recreation Director: $263/hr.
Parks and Landscape Manager: $225/hr.
Park/Landscape Maintenance Superintendent or Supervisor: $180/hr.
Maintenance Worker III: $98/hr.
S. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment,
supplies and materials on City property shall only be allowed with prior written
approval from the City. In the event the City consents to allow Contractor to
use designated City property for storage, Contractor agrees to assume full
responsibility for loss, theft, damage to its equipment, supplies and any injury
that may arise to any person. Contractor also assumes full responsibility for
any and all damage to City property as a result of any Contractor owned
property stored on City property, whether storage is temporary or permanent.
Contractor acknowledges that Section 10 Indemnification of this contract
applies to such storage.
T. VANDALISM AND THEFT: The City shall be notified immediately by the
Contractor in regards to any acts of vandalism, including graffiti, and theft to
City Property or other improvements observed or found by Contractor's
employees, regardless of the cause.
U. CONTRACTOR DISPOSAL/RECYCLING RESPONSIBILITY: All green waste
produced as a result of the Contractor operations under this Agreement shall
be reduced, reused, recycled and/or transformed by the Contractor and
delivered to specific sites within the city at the City's Representative direction.
The Contractor shall make every effort to estimate annually tonnage of green
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wasted produced and provide such information annually or at the City's
Request.
V. SAFETY:
1. Contractor shall at all times adhere to all applicable safety practices
and cooperate with the City in any adverse condition related thereto.
2. Contractor shall cooperate with the City during the investigation of an
accident on City property and submit a complete written report to the
City within twenty-four (24) hours following the occurrence.
3. Contractor during tree maintenance services shall identify any
condition(s) that renders any portion of the premises unsafe, as well as
any unsafe practices occurring thereon. The City Representative shall
be immediately notified of any potentially unsafe or hazardous
condition found by the Contractor.
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EXHIBIT B
SCOPE OF WORK
The Contractor shall follow all guidelines and procedures needed to provide for the care and
protection of City trees in order to promote the health, safety, welfare, and quality of life for all
City residents and visitors.
A. TREE INSPECTIONS:
1. Contractor shall provide a written inspection report of all City trees that identifies
each tree's overall condition and problems. On an annual basis, or as requested
by the City designated representative, all City trees shall be inspected for
structural problems. Trees with such defects shall be reported in the City's written
tree inspection report, and assigned a formal inspection date based on the
degree of risk associated with each tree's particular defects. The report will also
provide hazard mitigation measures recommendations
2. The Contractor shall use consistent procedures to inspect all trees in order to
ensure that inspections are done in a consistent and regular manner.
3. Contractor shall conduct tree hazard assessments from the ground, when
adequate information is available. When inadequate information cannot be
gathered from the ground an aerial inspection maybe required.
B. GOALS OF THE CITY TREE INSPECTION:
1. Document all City trees structure and health.
2. Schedule tree maintenance work
3. Improve tree structure and health.
4. Reduce tree loss and liability.
C. CITY TREE HAZARD ASSESSMENT:
1. Unbalanced crown
2. Weak or yellowing foliage
3. Defoliation
4. Dead or broken branches
5. Poor branch attachment
6. Lean and root attachment
7. Pruning scars
8. Trunk scars 304
11
9. Rot and cavities
10. Cracks
11. Girdling roots
12. Exposed surface roots
13. Trenching and or grade change
D. TREE MAINTENANCE:
1. Prohibited maintenance practices
a. Excessive pruning, except for clearance pruning of utility lines, traffic or
abating a public nuisance.
b. Topping.
c. Other action that could lead to the death of a tree or could permanently
damage its health, including but not limited to cutting, poisoning, over -
watering, unauthorized relocation or transportation of a tree, or trenching,
excavating, altering the grade, or paving within the dripline area of a tree.
2. Standards for Pruning City Trees
All work on City trees shall be in accordance with the most current edition of the
following industry standards: ANSI A300-1995, Appendix G and ANSI Z133.1-
1994.
3. Pruning Mature City Trees
Pruning mature trees consist of crown cleaning, crown thinning, crown raising,
crown restoration, crown reduction, and utility pruning. Climbing and pruning
practices shall not injure the tree except for the pruning cuts.
4. Contractor shall reduce the probability of insect infestation, disease, or infection,
by following seasonal restrictions, except when public safety is a concern:
a. Pine (Pinus spp.) or Elm (Ulmus spp.): do not prune March through
October.
b. All species: do not prune during the flush of spring shoot growth.
c. Trees with thin bark: do not prune in summer when sunscald injury may be a
factor.
d. Deciduous trees: best pruned November through February.
e. Hazardous trees of any species may be pruned any time of the year for
abatement reasons.
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5. Pruning Distressed City Trees
Contractor shall avoid additional injury to distressed trees
a. If a City tree has been damaged by injury or disturbance, pruning shall be
delayed until deadwood becomes evident. Crown cleaning is then
recommended.
b. City trees that have received little or no care or maintenance may need
moderate crown thinning, reduction of end weights, or entire crown
restoration.
6. Pruning Young City Trees
Contractor shall prune young City trees during the second year after planting to
improve their structure, and only minor crown cleaning every three to seven
years thereafter. Branches shall be spaced at least 18 inches apart to alleviate
tight grouping branches.
7. Wildlife Avoidance / Migratory Bird Treaty Act Compliance
Contractor shall determine the optimal time to prune when considering the health
interests of the trees and when trying to avoid bird nests. Contractor shall follow
all State and federal regulations prohibit the disturbance and destruction of many
active bird nests.
8. Insect and Disease Control
Contractor shall report any insects or disease may lead to the death of a City
tree.
9. Woodchips or Mulch
Contractor generated woodchips or mulch from trimming operations within the
City may be dumped and spread at a City designated site upon specific
permission from the City's Designated Representative.
Contractor shall provide and submit estimated tonnage of woodchips generated
annually (January to December) to the City Designated Representative.
10. Milling Urban Lumber
At the direction of the City's Designated Representative, large tree trunks, which
meet proper specifications, will be required to be milled into lumber suitable for
use in a variety of applications. Milled lumber shall be returned to the City at a
cost to be included in the bid proposal.
E. CITY HARDWOOD TREE PRUNING
Any tree work performed on a City tree must be done according to the City's
specifications. The criterion for pruning varies based on the type or purpose of pruning.
1. General Specifications for hardwood tree pruning.
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a. Contractor shall consult with the City Arborist before making any cuts that
could result in permanent disfigurement of the structure of any tree
b. City trees shall be pruned so as to prevent branch and foliage interference
with safe public passage. Street clearance shall be kept to a minimum of
fourteen feet, six inches (14' 6") above the paved surface of the street and
fourteen (14) feet above the curb and surface of a public sidewalk or
pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action. If pruning to these standards
would result in permanent disfiguration of a tree, the Contractor shall not
prune the tree until such time as direction is obtained from the City Arborist.
c. When removing a live branch, pruning cuts should be made in branch tissue
just outside the branch bark ridge and collar, which are trunk tissue. If no
collar is visible, the angle of the cut should approximate the angle formed by
the branch bark ridge and the trunk.
d. When removing a dead branch, the final cut should be made outside the
collar of live callus tissue. If the collar has grown out along the branch stub,
only the dead stub should be removed, the live collar should remain intact
and uninjured.
e. Whenever pruning involves the removal of limbs that are too large to hold
securely in one hand during the cutting operation, the limb shall be cut off first
at a point several feet beyond the intended final cut. The final cut shall be
made in a manner to prevent unnecessary tearing back of the bark and wood.
Cuts that result in tearing of tissue on limbs below cuts shall be corrected,
and shall not exceed 1/2 inch from the hardscape surface being edged.
f. All final tree pruning cuts shall be made in such a manner so as to favor the
earliest possible covering of the wound by natural callus growth. Excessively
deep flush cuts, which produce large wounds or weaken the tree at the cut,
shall not be made. The branch collar should not be removed.
g. All dead and dying branches and branch stubs shall be removed.
h. All broken or loose branches shall be removed.
i. Branches that are developing in such a manner as to become larger than the
limbs they originate from shall be removed.
j. When encountering limbs that are weighted with more foliage than the limb is
likely to support, selectively prune branches toward the end of the limb in
order to reduce
k. Selectively prune branches that create sight line conflicts with traffic control
signs and/or devices.
I. Selectively prune branches that are within five (5) feet of a structure.
m. Clear trees of sprout or sucker growth to a minimum height of ten (10) feet
above ground level. Exceptions are allowed for young trees, which would be307
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irreparably damaged by such pruning action.
n. Prune so as to maintain a balanced appearance when viewed from the
opposite side of the street immediately opposite the tree, unless authorized
by the City Arborist to do otherwise.
o. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be
removed without injury to trees.
p. Tree limbs shall be removed and controlled in such a manner as to cause no
damage to other parts of the tree, or to other plants or property.
q. 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.
r. All major pest problems shall be promptly reported to the City.
s. All cutting tools and saws used in tree pruning shall be kept sharpened to
result in final cuts with an un -abrasive wood surface and secure bark
remaining intact.
t. All trees six (6) inches in diameter or less shall be pruned with hand tools
only.
u. Chain saws will not be permitted to remove any branches two (2) inches or
less in diameter. This is to prevent any unnecessary abrasions to cambial
tissue that may predispose a tree to insect and/or future disease/decay
problems.
v. Any extraneous metal, wire, rubber or other material interfering with tree
growth shall be removed when possible.
w. The use of climbing spurs or spike shoes in the act of pruning trees is
prohibited, unless specifically directed by the City to aid in the safety of
climbers performing the removal of a tree.
2. Prune Classifications for City Hardwood Trees
a. Full Prune is performed when conditions within the crown of a hardwood tree
are such that the entire tree needs to be fully pruned. Complete pruning is
recommended when the primary objective is to maintain or improve tree
health and structure, and includes pruning to reduce overall canopy mass and
excessive wood weight. Trees that are identified for a Full Prune shall have
no more than 30% of the live foliage removed. A Full Prune typically consists
of one or more of the following pruning treatments:
b. Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead,
diseased, crowded, weakly attached and low -vigor branches and water
sprouts from the entirety of the tree crown. Care must be used to avoid
stripping branches of all foliage at the interior of the tree crown. This practice, 308
34
known as "lion tailing" disrupts the structural integrity of the tree, making it
subject to limb and branch failure, especially during high winds.
c. Crown Thinning: Crown Thinning includes crown cleaning and the selective
removal of branches to increase light penetration and air movement into and
through the crown. Increased light and air stimulates and maintains interior
foliage, which in turn improves branch taper and strength. Thinning reduces
the wind -sail effect of the crown and the weight of heavy limbs. Care must be
used to avoid stripping branches of all foliage at the interior of the tree crown.
Thinning the crown can emphasize the structural beauty of trunk and
branches as well as improve the growth of plants beneath the tree by
increasing light penetration. When thinning the crown of mature trees, up to
30% of the live foliage may be removed unless directed otherwise by the City
Arborist.
d. Crown Reduction: Crown Reduction is used to reduce the height and/or
spread of a tree. Crown reduction vanes from topping, a destructive practice,
in that cuts are not made indiscriminately, resulting in large stubbed off limbs
that are subject to decay. While reducing a crown, tree workers must adhere
to basic tree trimming practices involving limb/branch size relationships and
use of the branch bark collar in avoiding the onset of decay at cut sites.
e. Crown Restoration: Crown Restoration is corrective pruning used as a means
to restore the form of crowns that have been previously damaged by
extenuating circumstances. This treatment is best performed by tree workers
who have a good understanding of the effects of pruning for the cultivation of
tree canopies.
f. Crown Raising/Clearance Prune: A Crown Raising or Clearance Prune is
performed when conditions within the crown of a hardwood tree are such that
a certain objective needs to be met or a certain condition needs attention. A
crown raising or clearance prune does not involve the detail of work found in
a full prune. Crown raising or clearance pruning may consist of one or more of
the following pruning types:
g. Crown Raising: Crown Raising consists of removing the lower branches of a
tree in order to provide clearance for buildings, vehicles and pedestrians. It
is important that a tree have at least one-half of its foliage on branches that
originate in the lower two-thirds of its crown to ensure a well -formed, tapered
structure and to uniformly distribute stress within the tree.
h. Clearance Prune: Clearance prune is employed as a means of eliminating
limbs from the crown of a hardwood tree when an entire pruning of the tree is
not warranted. Clearance pruning does not involve the fine detail work
described herein as "full prune".
3. Pruning Specifications for individual Hardwood Species
a. General Trimming and Shaping of Conifers: Two basic classes of conifers can
be found in Moorpark, those with branches radiating out from the trunk in
whorls such as Pine trees or Cedar trees and those that sprout branches in a
random manner such as Juniper or Taxus. Conifers shall typically be pruned309
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in late winter or early spring. Typically, up to 303 of the live foliage may be
removed unless directed otherwise by the City Arborist.
b. Contractor shall avoid damaging the central leader on all conifers. In specific
cases the City Arborist may direct the contractor to remove the central leader
in an effort to limit the height of specific trees.
c. At the time of pruning, the City Arborist shall determine which trees shall have
the new growth pinched back in an effort to control canopy size.
d. To control the growth of large, mature conifers contractor shall be required to
prune the new growth of lateral limbs.
e. Typical pruning of conifers shall consist of removing crossed limbs, deadwood
or unwanted branches from the interior of the canopy.
f. General Trimming and Shaping of Broadleaf Trees: Follow the shape
indicated by the natural growth habits of each tree species. Trimming and
shaping of trees shall be as directed by the City Arborist and in accordance
with the following:
g. Cut to laterals to preserve the natural form of the tree leaving the head open
enough for the branching system to show and permitting the dead material to
be easily cleaned out and to allow light to show through the head. Tree
foliage shall be reduced by at least twenty-five percent (25%) and up to thirty
percent (30%).
h. In specific cases the City Arborist may direct the contractor to reduce the size
of the tree crown in an effort to limit the height of specific trees.
i. Trim to remove dead wood or weak diseased, insect -infested, broken, low, or
crossing limbs. Branches with an extremely narrow angle of attachment
should normally be removed.
j. Small limbs, including suckers and waterspouts, shall be cut close to the trunk
or branch from which they arise.
k. Heading cuts and/or topping will not be allowed under any circumstances.
Heading, rounding over, or stubbing shall not be an accepted practice for
reducing the size or the framework of any tree.
F. PEPPER TREE MAINTENANCE SERVICES: (Historical High Street)
Historical High Street population of fifty (50) California Pepper (Schinus molle) Trees
are protected under the 2007 California Pepper Tree Maintenance Plan (CPTMP) and
all tree maintenance services for the management of the Pepper trees shall follow the
CPTMP prescribed procedure(s) and specifications in Exhibits B, Contractor
Performance Requirements and Exhibit B, Scope of Work.
1. The CPTMP specifications for High Street Pepper tree maintenance services are
outlined below and included as Exhibit C:
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a. Contractor must comply with the MBTA and California Fish and Game Code
Sections 3503, 3503.5, and 3800.
b. Prior to tree maintenance activities, The City's wildlife biologist will conduct a
nesting survey consisting of two (2) surveys conducted on separate days,
within 72 hours immediately preceding tree maintenance activities, e.g.,
trimming branches or tree removal. If pre -maintenance nesting surveys result
in the location of active nests, no tree maintenance procedures shall take
place in the tree with the active nest until such time as the young have
fledged and become independent of the nest. The City's biologist shall
determine if a buffer area should be established around the tree with the
active nest.
c. Contractor trimming and thinning services shall be conducted approximately
every six (6) months.
d. All pruning and maintenance applied to the High Street California pepper
trees, as described in the CPTM, shall be done under the supervision of a
certified arborist.
e. All maintenance tasks and procedures shall be carried out accordingly as
described within the CPTM.
f. All pruning and maintenance applied to the High Street California pepper
trees shall follow Section A, Hardwood Tree Pruning specifications.
g. Pepper tree removal applied to the High Street California pepper trees shall
follow Section D, Tree Removal specifications.
h. Contractor is responsible for Pepper tree replacement on High Street within
sixty (60) days subsequent to the removal. The Contractor shall purchase a
24 -inch box replacement Pepper tree (Schinus molle) and plant per Section
F, Tree Planting and Young Trees. The Replacement tree shall be planted at
the same location as the removed tree unless a different location is directed
by the City representative.
2. High Street Pepper Tree Management Categories
a. Young Trees: recently planted sites and sites with young expanding tree
canopies
b. Shade Trees: where canopy is sufficient to produce abundant protection from
solar radiation and yet not restrict pedestrian or vehicular traffic
c. Veteran Trees: tall, broad canopies that merit ongoing preservation by
managing their growth for threats to biological health or mechanical stability
d. Senescent Trees: considered to contain less than ten percent (10%) live
tissues determined by mass, and cannot be rehabilitated or restored to
veteran or shade tree status, do not merit preservation, and require removal.
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3. Tree Maintenance Services
Shade Trees Maintenance Services
a. Inspect tree health and stability
b. Pruning treatments to maintain clearance and manage weight distribution
c. Pruning treatment to establish a redundant branching hierarchy throughout
the canopy
d. Promote an upward growth of the canopy
e. Avoid heading -back terminal ends
f. Prune to avoid excessive foliage on the limbs
g. Conduct Specialized pruning or other treatments to correct or respond to
unforeseen circumstances
Veteran Trees Maintenance Services
a. inspect tree health and stability
b. Pruning treatments to manage load and weight distribution
c. Pruning treatments to reconstruct the tree canopy
d. Promote an upward growth of the canopy
e. Avoid heading -back terminal ends
f. Prune to avoid excessive foliage on the limbs
g. Conduct specialized pruning or other treatments to correct or respond to
unforeseen circumstances such as:
1) Crown reconstruction pruning techniques
2) Extensive Crown reduction
3) Reduction of long vertical and horizontal limbs
Senescent Trees Maintenance Services
a. Inspect tree health and stability
b. Pruning treatments to manage load and weight distribution
C. Promote an upward growth of the canopy
d. Avoid heading -back terminal ends
e. Prune to avoid excessive foliage on the limbs 312
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f. Follow the City's Arborist specific tree maintenance service recommendations
g. Conduct Specialized pruning or other treatments to correct or respond to
unforeseen circumstances such as:
1) Crown reconstruction pruning techniques
2) Extensive Crown reduction
3) Reduction of long vertical and horizontal limbs
G. CITY PALM TREE PRUNING:
Palm Pruning consists of maintaining the crowns and trunks of palm trees including the
pruning of spent or declining fronds, seed pods and the skinning or shaping of spent
petiole bases into a ball or nut as applicable by palm type.
1. The specifications for the pruning of City palm trees are as follows:
a. While making an approach to the palm crown for pruning, the Contractor shall
inspect the trunk of the palm tree for signs of decay, inspect grass, bird
nesting or any other condition suggestive of a structural abnormality.
Upon finding any condition suggestive of a structural abnormality of the palm
stem, the Contractor shall report to the City Arborist immediately.
b. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized
for no less than five (5) minutes by having the entirety of its cutting blade
submersed in an equal solution of bleach and water before and after the
handsaw is used to cut the fronds of any other palm tree.
At no time shall a chainsaw be used to prune any frond from any Canary
Island Date Palm (Phoenix canariensis) in the City of Moorpark. The use of
chainsaws to prune any frond from any Canary Island Date Palm will result in
monetary penalties.
Live, healthy fronds, initiating at an angle of 90 degrees or greater from the
horizontal plane, shall not be removed. Fronds removed should be cut close
to the petiole base, taking into consideration the role of petiole bases in the
formation and maintenance of the ornamental ball at the base of the canopy,
as applicable by species. Live trunk tissue should never be cut while pruning
palm fronds.
c. Using properly sterilized equipment as described herein, any fruit or flower
structures in the crown of the palm shall be removed concurrently with frond
pruning. At no time shall a chainsaw be used to cut any fruit or flower from
any Canary Island Date Palm (Phoenix canariensis).
The use of chainsaws to prune any fruit or flower structures from any Canary
Island Date Palm will result in severe contract penalties.
Care shall be taken in the handling of fruit and flowers as they are likely to
release clear liquids that react with and can cause staining to hardscape
elements. The Contractor shall be responsible for removing palm fruit related313
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stains from private property hardscape elements.
d. Maintenance of the ornamental ball located at the base of the palm canopy,
directly below the live fronds, shall be as described by species as follows:
Canary Island Date Palm (Phoenix canariensis): dead petiole bases shall be
formed into an ornamental ball which begins directly below the lowest green
fronds and as to provide a base of support to the palm crown. This
ornamental ball shall be uniform and smooth in appearance and shall extend
no less than four (4) and no more than eight (8) feet below the lowest frond in
the crown. Using hand tools, the Contractor shall skin the trunk area below
the base clean without causing damage to live trunk tissue. The Contractor
shall verify that the base meets the standard described herein each time a
California Fan Palm is pruned.
H. CITY TREE REMOVAL:
1. TREE REMOVAL GUIDELINES
Contractor shall report conditions in which a City tree requires removal such as:
a. The tree is in a state of decline due to disease or insect pest for which there is
no likelihood of a cure.
b. The tree poses a safety risk that cannot be corrected or where an
unreasonable safety risk would be created by the construction process or root
pruning.
c. Where work improvements required to be made around the tree will likely kill
the tree or render it a hazardous tree.
d. Where tree preservation is not cost effective compared to the tree's monetary
value.
e. The tree poses a public nuisance because of its species, size, location, fruit
and seed drop, limb breakage or other objectionable conditions.
f. The aesthetic value of the tree is extremely low, or where the tree interferes
with the growth and development of a more desirable tree.
g. Structural defects in the tree, including branches, trunk and roots.
h. Tree removal consists of the removal of the entirety of a hardwood tree or
palm tree and the removal of its root system. The Contractor shall comply
with all general specifications standards described herein.
i. The diameter price given by the Contractor for tree removals shall be
inclusive of all staff, materials and equipment necessary to remove trees as
described herein.
j. As stated previously herein, the Contractor shall identify the location of all
utilities and private property landscape irrigation components prior to the
removal of a tree and its root system. The Contractor shall notify the City314
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Arborist or designated representative, in writing, of any condition that
prevents the removal of a tree and/or the grinding of its root system. The
Contractor shall take all responsibility for any damage that occurs once the
process of removing a tree and/or associated root grinding begins.
k. The Contractor shall comply with wildlife protection standards described
herein whenever removing a tree.
I. The Contractor shall not remove any tree without first confirming that the tree
being considered is indeed the tree to be removed. Any confusion should be
resolved by contacting the City Arborist for assistance. The errant removal of
trees shall be penalized.
m. During a tree removal, the Contractor shall maintain control of the tree and its
parts at all times, which shall include the selection and use of proper
techniques and equipment. At no time shall branches, limbs or tree trunks be
allowed to free -fall and create damage of any type. Loss of control incidents
shall be penalized.
n. Cranes and other rigging equipment shall be properly certified, with evidence
of such available for inspection prior to use of said equipment in the City of
Moorpark. Crane operators shall be certified by the National Commission for
the Certification of Crane Operators (NCCCO) and shall be prepared to
display current certification prior to operating a crane in the City. The use of
cranes and certified operators shall not result in additional charges to the City.
o. While loading and handling debris, the Contractor shall maintain control at all
times so as not to result in damage to the public rights of way or private
property. In addition, the Contractor shall not drop logs or trunks so as to
create undue noise or impact shock related damages to public and/or private
property.
p. Stumps, including the root flare shall be ground to a depth of no less than
eighteen (18) inches. Surface roots shall be traced and ground to a depth of
no less than eight (8) inches. Debris generated by stump grinding and root
removal shall be removed from the site and replaced with a topsoil mix. Chips
and stump grindings shall not be used as a backfill material.
q. The Contractor shall be responsible for the repair of any private property
irrigation system components damaged during a tree removal or stump
grinding. Repairs shall be made using components matching those that were
damaged.
CITY TREE ROOT PRUNING SPECIFICATIONS:
Roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other
improvements as indicated. Root pruning cuts adjacent to the sidewalk shall be four (4)
inches wide, twelve (12) inches deep, and a minimum of eight (8) feet in each direction
from the centerline of the tree as measured from the top of the sidewalk or other
improvements. Root pruning cuts adjacent to the curb shall be four (4) inches wide,
eighteen (18) inches deep, and a minimum of eight (8) feet in each direction from the315
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centerline of the tree as measured from the top of the curb or other improvements.
Root pruning equipment shall be specifically designed for this purpose with cutting teeth
sharpened adequately to sever roots in a clean manner and equipped with padded
tracks or rubber tires to prevent scraping or marking the sidewalk.
After the pruning cut has been completed, All cuts shall be backfilled immediately upon
completion of root pruning at each location. Backfill material shall consist of soil and/or
mulch from root pruning and shall be free of rocks and other debris. All debris generated
by these operations shall be immediately removed from the site and properly disposed
of by the Contractor.
The Contractor shall repair or replace all utility service connections or sprinkler systems
within the right-of-way that are damaged or removed as a result of the root pruning
operation. Repairs shall be implemented immediately and completed by the end of the
same working day.
The Contractor shall be responsible for contacting Underground Services Alert for
locating underground utilities prior to beginning the pruning operation.
J. CITY TREE PLANTING & YOUNG TREE CARE:
1. City tree planting stock and materials quality
a. All trees installed within the City shall conform to ANSI Z60.1-1996.
b. Plants shall be sound, healthy, vigorous, and free of plant disease and insect
pests and their eggs.
c. Container stock shall be grown for at least eight months in containers, and
shall not be root bound or have girdling roots.
d. Trees shall not have been topped.
2. City Tree Planting: Tree planting consists of the installation of nursery stock
container trees supplied by the Contractor.
a. The Contractor shall comply with all general specifications standards
described herein.
b. As stated previously herein, the Contractor shall identify the location of all
utilities and private property landscape irrigation components prior to the
planting of any tree. The Contractor shall assume full responsibility for any
damage that occurs during the planting of any tree.
c. The Contractor shall supply quality nursery stock which is fully rooted and
representative of recognized standards for size and quality of the material
being planted.
d. Planting stock shall be well watered prior to shipping and covered for the
duration of transport. Trees that are delivered uncovered, with a dry or
fractured root ball or with broken scaffold limbs will be rejected. Root bound316
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material will be rejected. Palms that are delivered uncovered, with a dry root
ball or with a soilless root ball will be rejected.
e. The Contractor shall not begin excavation for the planting of a tree without
first confirming that the planting site being considered is indeed the site
intended for the planting of a tree. Any confusion should be resolved by
contacting the City designated representative for assistance. In excavating
planting pits, the Contractor shall not excavate deeper than the depth of the
root ball of the tree being installed. The bottom of the planting pit shall be
undisturbed so that the planted tree will not settle below top of root ball grade
standards defined herein. As the width of the parkway allows, the Contractor
shall excavate the planting pit to be two (2) times the width of the root ball of
the nursery stock being planted.
f. All nursery containers and box sides shall be removed from tree root balls
prior to planting. The Contractor shall not install trees with box bottoms left
on. All container debris (e.g. strapping, box fragments, and nails) shall be
removed from the planting pit prior to backfilling.
g. The Contractor shall install the tree so that the top of root ball is two (2)
inches above top of curb so that the trunk flare is completely exposed. In the
event that there is no curb (i.e. park site), the Contractor shall install the tree
so that the top of root ball is two (2) inches above surrounding finish grade.
The Contractor shall not resort to cutting or trimming the root ball as a means
of meeting grade standards.
h. The Contractor shall backfill hardwood tree plantings with an equal mix of
excavated soil and topsoil. The topsoil portion of the backfill mix shall contain
no more than ten (10%) percent well decomposed organic fines.
While backfilling, the Contractor shall cease backfilling when the planting pit is
one half (1/2) full and apply water to remove air pockets from the backfill.
Once the water has drained, the Contractor shall resume backfilling the
planting pit. A watering basin shall be constructed in a uniform circle and shall
extend from the center of the tree trunk to six (6) inches beyond the edge
of the root ball. The top of the watering basin shall be graded and maintained
uniformly with the upper edge of the basin maintained at a grade of four (4)
inches above the root flare of the tree.
The Contractor shall be responsible for the stability of planted trees. The
nursery stake stall be removed from the trunk of the tree (as applicable) and
the tree shall be double staked using two (2) , two (2) inch lodge pole stakes
of a length sufficient to be installed beyond the depth of the planting stock
root ball and to extend to the lowest branches of the installed tree's crown.
The stakes shall be installed an equal distance from the trunk of the tree and
shall be installed perpendicular to the street or sidewalk and shall be installed
so that one stake is orientated to be one hundred eighty (180) degrees
opposite the other. The root ball shall not be damaged by the installation of
stakes. The stake shall not be in contact with any aerial part of the tree. The
trunk of the tree shall be attached to the stakes using City approved tree ties.
Tree ties shall be installed in a figure eight fashion to support the tree to the
stakes at the bending point of the trunk. 317
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k. The Contractor shall not use hoses, equipment or water from private
properties while installing or watering -in new trees.
K. CITY TREE INVENTORY:
1. Standard (Non -GPS) City Tree Inventory (Required)
The Contractor shall provide the City access to a record keeping system
consisting of an Internet -based software program that allows the City to maintain
information about its tree population, including the description of each tree by
species, height, diameter, work history, and tree and planting site location. The
tree inventory software program shall be an Internet -driven tracking program.
The program shall have the capability to produce detailed listings of tree and site
information, work histories, service requests, summary reports and pictures of
City tree species. The Contractor shall provide software support to the City for
the entire term of the contract.
The Contractor shall provide the City with recommendations for tree
maintenance, recommended planting locations, and recommended removals.
Attributes to be collected by field personnel may include Address, Street, Facility,
Species, Diameter, Crown, Height, recommended maintenance, overhead
utilities and parkway size and type.
2. GPS Coordinated Based City Tree Inventory (Optional)
If the City elects GPS coordinated based City tree inventory the Contractor will
provide the City with Global Positioning System (GPS) coordinates for all trees in
public spaces. This includes but is not limited to all publicly owned trees on street
rights-of-way, parks, City facilities and open spaces such as medians,
greenscapes, etc. The address information contained in inventory should be
linked directly to a Geographical Information System (GIS) program, such as
ArcView. Using a handheld computer and a backpack GPS receiver, the
inventory collector will identify the trees by their global coordinates of longitude
and latitude. By collecting the data using the GPS system, the City can
consolidate the tree data with other various GPS coded programs in the City. At
the end of the project, the City will receive a complete listing of all sites
inventoried, both in hard copy and on a the software, which will enable you to
connect the inventory to the City's GIS program and create various frequency
reports.
3. GPS to City GIS City Tree Inventory (Optional)
If the City elects GPS to City GIS City Tree Inventory, the Contractor will provide
a GPS tree inventory created with a new database with tree inventory created
using the City's standardized addressing system for all City trees. The new
inventory shall be created using GPS devices by visiting each site and shall be
capable of showing the actual GEO location of every tree within the existing tree
sites and vacancies. Contractor shall be required to create and provide to the
City an ESRI ArcView/ArcGIS shape file, compatible with the latest version of
ArcView and with accuracy no more than one (1) meter deviation from the actual
position of the tree.
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4. City Tree Inventory Contractor Experience
The Contractor shall have at a minimum five (5) years experience in collecting
City tree inventories and developing inventory databases, including an extensive
program that simplifies the management of the City's Urban Forest. The
Contractor shall have developed a complete and comprehensive computer
software program in at least five (5) California cities. The program should have
specialized reports designed specifically for City representatives' needs. The
program should be developed based on the needs of the City and allow the City
to modify and structure the program specific to our needs. The user-friendly
program should allow customers to generate a variety of reports quickly.
5. City GPS Tree Inventory Scope of Work
If the City elects GPS coordinated based City tree inventory or GPS to City GIS
City Tree Inventory the Contractor shall create the most up-to-date GPS
inventory data upon award of contract. Contractor will manage the entire
inventory project. The project shall include field data collection, data entry,
access to the computer software, and training of City employees on the use of
the system, future technical maintenance and support and as an option,
conversion of the existing database. Attributes to be collected by Contractor field
personnel may include, but is not limited to:
• Tree Number
• City District/Grid/LMDs/Parks/Open space Areas/Residential
• Street
• Location by Address
• Location by GIS
• Species by botanical name & common name
• Tree diameter
• Tree height
• Recommended Maintenance Classification
• Existing overhead Utilities
• Parkway Size
• Parkway Type
• Sidewalk damage
6. Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and
disaster recovery procedures as may be requested by the City. The Contractor
shall provide complete support rapidly with experienced staff available to the City
during the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. The
Contractor shall be readily available by telephone, e-mail or may respond to the
City's location within a timely manner
L. ANNUAL CITY TREE INSPECTION
Contractor shall provide an inspection of City trees that identifies problems and provides
hazard mitigation measures. On an annual basis, or as requested by the City
Representative, all City trees shall be inspected for structural problems. Trees with
such defects shall be noted in the City's tree inspection report, and assigned a forma1319
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inspection date based on the degree of risk associated with each tree's particular
defects.
When inspecting trees, consistent procedures shall be used to inspect all trees in order
to ensure that inspections are done in a consistent and regular manner.
While most tree hazard assessments can be conducted from the ground, there are
times when an aerial inspection is necessary. Aerial inspections shall be done when
adequate information cannot be gathered from the ground.
1. The goals of the tree inspection program include:
2. Document tree structure and health.
3. Schedule tree maintenance work.
4. Improve tree structure and health.
5. Reduce tree loss and liability.
a. Trees shall be examined for the following:
Unbalanced crown
Weak or yellowing foliage
® Defoliation
® Dead or broken branches
® Poor branch attachment
® Lean
® Pruning scars
® Trunk scars
® Rot/cavity
® Cracks
e Girdling roots
® Exposed surface roots
® Trenching/grade change
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APPENDIX 9
SAMPLE AGREEMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
, FOR CITY-WIDE TREE MAINTENANCE
SERVICES
THIS AGREEMENT, is made and effective as of this day of
, 2014, between the City of Moorpark, a municipal corporation
("City") and , a ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for services related to tree maintenance services,
plus additional landscape repair and installation services, as needed; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council of the City at a meeting held on the
day of , 2014, authorized the City Manager to enter into this
Agreement after public bidding.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from October 1, 2014 and will expire on September
30, 2015, unless this Agreement is terminated or suspended as referred to herein.
Upon the mutual written agreement of both parties, the term of this Agreement may be
extended for two (2) additional three (3) year periods.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide tree
maintenance services, as set forth in Exhibits Contractor's Bid Proposal,
dated , which exhibit is attached hereto and incorporated herein by this
reference as though set forth in full and hereinafter referred to as the "Proposal" and as
set forth in Exhibit which include (i) Standard Specifications; (ii) Special
Provisions; (iii) Workers' Compensation Insurance Certificate (Labor Code 1860 and
1861); (iv) Performance Bond; and (v) Insurance Certificate for General Liability and
Automobile Liability, attached hereto and incorporated herein by this reference as
though set forth in full and hereinafter referred to as Exhibit . Where said
Scope of Services is modified by this Agreement, or in the event there is a conflict
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between the provisions of said Scope of Services and this Agreement, the language
contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit and Exhibit
. Contractor shall complete the tasks according to the schedule of performance
which is also set forth in Exhibit
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit . Compensation shall not exceed the rates or total value of
dollars ($ ) as stated in Exhibit , without
a written amendment to the agreement executed by both parties. Payment by City to
Contractor shall be as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply. Contractor agrees to comply with and be bound by all the terms, rules and
regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, including without limitation Labor Code Section
1771 and (b) the rules and regulations established by the Director of Industrial Relations
implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor
who will perform work on this project, Contractor shall be responsible for subcontractor's
compliance with (a) and (b), and Contractor shall take all necessary actions to ensure
subcontractor's compliance.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be , and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City
Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit attached hereto and
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incorporated herein by this reference as though set forth in full, based upon actual time
spent on the above tasks. This amount shall not exceed dollars
($ ) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with its
performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both
parties. The City Manager, if authorized by City Council, may approve additional work
not to exceed ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices shall
be submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes
any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of
receipt of any disputed fees set forth on the invoice. Contractor shall provide
appropriate documentation, as determined by the City, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at anytime, for any reason, with or without cause, suspend, or terminate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination
shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City
may proceed in the manner set forth in Section 6-4 of the Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
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for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice 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 at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time period
required by this Agreement or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred fifty dollars ($150.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Contractor
under the terms of this Agreement [Government Code Sec. 53069.85]. Progress
payments made by the City after the above specified completion date shall not
constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes,
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and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used,
reused, or otherwise disposed of by the City without the permission of the Contractor.
With respect to computer files, Contractor shall make available to the City, at the
Contractor's office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal
counsel fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness or willful
misconduct in the performance of work hereunder or its failure to comply with any of its
obligations contained in this agreement, except such loss or damage which is caused by
the sole or active negligence or willful misconduct of the City. Should conflict of interest
principles preclude a single legal counsel from representing both City and Contractor, or
should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials,
employees and volunteers) with respect to claims determined by a trier of fact to have
been the result of the Contractor's negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the state of California and will survive
termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnitee. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section from each and every subcontractor or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this Agreement. In the event Contractor fails to obtain such indemnity obligations from
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others as required here, Contractor agrees to be fully responsible according to the
terms of this Section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or
Section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the Indemnitees may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the
Contractor under this Agreement for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the Indemnitees' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A attached hereto and incorporated herein by
this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
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13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, 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, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of. race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, or gender of such
person, except as provided in Section 12940 of the Government Code. The Contractor
shall have responsibility for compliance with this Section [Labor Code Section 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City in connection with the award, terms,
or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly from Contractor, or any officer, employee, or
agent of Contractor, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in
any agreement or sub -agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in
any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no
person having such interest 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 the developer(s) and/or property owner(s) and/or firm(s) and/or
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partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To:
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon receipt by
personal service or as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have
the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
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21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other
action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits
of this Agreement are for convenience and identification only and shall not be deemed
to limit or define the content of the respective Articles, Paragraphs, Sections, and
Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
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performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit
attached hereto and incorporated herein by this reference as though set
forth in full. In the event of conflict, the requirements of the City's Bid Package and this
Agreement shall take precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver shall be
binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONTRACTOR
By: By:
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state -approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its
officials, employees, and agents, using standard ISO endorsement CG 2010
with an edition prior to 1992. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the
right to subrogation prior to a loss. Consultant agrees to waive subrogation
rights against the City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not
been first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval, modification,
and additional requirements by the City, as the need arises. Consultant shall
not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect the City's protection
without the City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall
be delivered to city at or prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such
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insurance is canceled or reduced at any time and no replacement coverage is
provided, the City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other Agreement
and to pay the premium. Any premium so paid by the City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at
the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the
City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory
wording stating that failure of the insurer to mail written notice of cancellation
or reduction of coverage imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of
the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to
any other insurance or self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant,
provide the same minimum insurance required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with
the requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the Work will be
submitted to the City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer,
or other entity or person in any way involved in the performance of Work
contemplated by this Agreement to self -insure its obligations to the City. If
Consultant's existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the City. At that
time, the City shall review options with the Consultant, which may include
reduction or elimination of the deductible or self-insured retention, substitution
of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
90 days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or
its employees or agents face an exposure from operations of any type
pursuant to this Agreement. This obligation applies whether or not the
Agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until the City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. As
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement
as required in these specification applicable to the renewing or new coverage
must be provided to the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees
not to use any statutory immunity defenses under such laws with respect to
the City, its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section
are not intended as limitations on coverage, limits, or other requirements nor
as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to
be interpreted as such.
20. The requirements in this section supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
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21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City
or Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City.
It is not the intent of the City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against the
City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement.
The City assumes no obligation or liability by such notice, but has the right
(but not the duty) to monitor the handling of any such claim or claims if they
are likely to involve the City.
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