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West Coast Arborists - 2016 AgreementAGREEMENT FOR SERVICES (For contracts over $5,000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 05 day of July, 2016, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: West Coast Arborists, Inc., having a principal place of business at 2200 E. Via Burton St., Anaheim, CA 92806. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 07/11/2016 and will continue in effect through 07/11/2019 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement hall terminate this Agreement regardless of any other provision stated herein. niti 1 ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. 4835 - 2267 -03610 -1- LAC104706083 C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $250,000. B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section M incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be 4835- 2267 -03610 _2_ LAC104706083 responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 4835- 2267 -03610 LAM04706083 -3 - E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf, • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. G. Prevailing Wage The Contractor agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. The Contractor shall ensure that all subcontractors are informed and are required to pay prevailing wages in compliance with the California Labor Code and the regulations thereunder. It shall be the duty of the Contractor to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. 4835- 2267 -03610 _4_ LAM04706083 B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONTRACTOR'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. 4835 - 2267 -03610 _5_ LAC104706083 C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 4835- 2267 -0361v1 LACt04706083 -6- D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. 4835- 2267 -03610 LAC104706083 -7- I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: West Coast Arborist By: 9A Name: Patri k Mahoney Title: President Social Security or Taxpayer Identification Number 95- 3250682 Approved as to Form City Attorney 4835- 2267 -0361A LAC104706083 -8- CITY: CITY OF GILROY By: Name: Gabriel A. Gonzalez Title: City Adminstrator EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Joe Bartolo, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Bill Avila shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835- 2267 -0361 v1 -1- LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267 -0361v1 -2- LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835- 2267 -03610 _3 _ LAQ04706083 H. NOTICES. Notices are to be sent as follows: CITY: David Stubchaer, P.E. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Patrick Mahonev West Coast Arborist (WCA) 2200 E. Via Burton St., Anaheim, CA 92806 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835- 2267- 0361v1 -4- LAM04706083 EXHIBIT "B" SCOPE OF SERVICES 4835- 2267 -0361v1 LAC104706083 EXHIBIT "C" MILESTONE SCHEDULE 4835- 2267 -0361 v1 LAC104706083 EXHIBIT "D" PAYMENT SCHEDULE 4835- 2267 -0361v1 LAC104706083 CITY OF GILROY CITY TREE PRUNING &MAINTENANCE CONTRACT NO. 1G=RFP=PW=38B Anaheim, CA (Corporate Office) 2200 E. Via Burton St., Anaheim, CA 92806 Regional Offices: Fresno, CA I Riverside, CA I San Jose, CA I Ventura, CA Phoenix, AZ I San Diego, CAI Stockton, CA 800.521.3714 • WCAINC.COM *Printed on recycled paper* City Tree Pruning & Maintenance Contract - Proposal No. 16- RFP -PW -388 3 PROPOSAL SUBMITTAL CHECKLIST CITY TREE PRUNING & MAINTENANCE CONTRACT Proposal No. 16- RFP -PW -388 The following documents /information must be filled out and included /submitted in the proposal in order to be considered for this project: M Estimate response time in Response Time to After -hours Work section M Contractor Background — Attachment B ® Qualification Statement — Attachment C M Proposal Form — Attachment D M. Non- Collusion Declaration (Notarized) —Attachment E ® Accident Rate Information —Attachment F M Attach copy of at least one of the following documents: Injury and Illness Prevention Plan (IIPP), Code of Safe Practices, or other applicable safety related plans, documents or policies M Deliver proposal to City of Gilroy at address given by 2:00 pm, May 26, 2016 City Tree Pruning & Maintenance Contract - Proposal No. 16- RFP -PW -388 1 7 Additionally, if a proposer does not meet at least two of the three minimum safety standards, the city may, at its sole discretion, accept the proposal after reviewing a proposer's safety program and supporting documentation, reviewing OSHA 300 logs for the past three years, or a combination of safety related documentation to satisfy itself that the proposers safety program appears to be adequate. Response Time to After -hours Work From time to time, the city requires tree work after normal business hours or on weekends or holidays. Generally, this work is required due to fallen tree limbs or trees due to wind storms or other natural causes. Whatever the cause, the work may need to be performed in a timely manner to eliminate potential safety hazards. Please estimate the typical response time for work: After hours on a weekday 90 min. Weekends (any time of day) 2.0 hrs Holidays (any time of day) 2.0 hrs Computer Tree Database Requirements The current contractor maintains a database for all tree work, including what work was performed, date performed; general statusthealth of tree, type of tree, location of tree by address and /or gps coordinates, georeferenced on am on -line map, and other information. The city uses this data on a weekly basis to review the work history for specific trees, work planning, etc. The Contractor must include in their proposal a similar web -based database, with similar functionality and capabilities, as determined by the City, that the city can use to meet its needs. The Contractor must include in their proposal conversion of the existing database information and importing the data into the new program. This requirement is very important to the city and all proposals must meet this requirement. Licenses In addition to all other requirements set forth in the Contract, the successful Contractor to whom the contract is awarded must obtain and keep in force throughout the progress of the service, a City of Gilroy Business License issued by the City of Gilroy concurrently with delivery of the executed agreement to the successful Contractor. Non- Collusion Declaration Under penalty of perjury, the enclosed Non - Collusion Declaration shall be signed, dated, notarized, and returned with the proposal (Attachment E). Funding Funding for tree trimming and maintenance services has been included in the Council - approved budget through June, 2017. A new 2 -year budget is expected to be in place before a new fiscal year starts on July 1, 2017. City Tree Pruning & Maintenance Contract - Proposal No. 16- PFP -PW -388 B -1 ATTACHMENT B - CONTRACTOR BACKGROUND Provide the legal name(s) and address(s) of your company: West Coast Arborists, Inc. - 390 Martin Avenue, Santa Clara, CA 95050 2200 E. Via Burton, Anaheim, CA 92806 (Corporate HQ) 2. Provide the names and phone numbers of the primary and secondary contacts for this project: Primary Contact: Joe Bartolo, Area Manager Phone: (714) 412 -7656 Secondary Contact: Victor Gonzalez, Vice President Phone: _ (714) 991 -1900 3. Provide the following information regarding your company: Years in Business: _ Federal Employer's I.D. Number or Social Security Number: 95- 3250682 California Employer's I.D. Number if applicable: 23642076 City of Gilroy Business License Number (if contractor already possesses one): 10956 4. Contractor will provide a completed W -9 upon award of contract. City Tree Pruning & Maintenance Contract - Proposal No. 16- RFP -PW -388 C -1 ATTACHMENT C - QUALIFICATION STATEMENT Contractor must complete all portions of this statement before proposal will be considered. The following statements as to experience /qualifications are submitted as part of the proposal and the truthfulness and accuracy of information is guaranteed by the contractor. The following agreements have been satisfactorily completed in the last three years for the person, firm, or authority indicated. Additional copies of this page may be attached if desired. Location and for whom performed. Telephone Contact Person 1 City of Mountain View (650) 903 -6273 Steve Cukar 231 N. Whisman Road Mountain View, CA 94039 2. City of Menlo Park (650) 330 -6793 Christian Bonner 333 Burgess Drive 1 Menlo 'Park CA 94025 3. City of Milpitas (408)586 2631 David Gordillo 455 East Calaveras Blvd. Milpitas, CA 95035 4. City of Alameda (510) 747 -7924 Jesse Barajas 1616 Fortmann Way Alameda, CA 94501 Additional copies of this page may be attached if desired. City Tree Pruning & Maintenance Contract - Proposal No. 16- RFP -PW -388 D -1 ATTACHMENT D - PROPOSAL FORM PROPOSAL NO. 16- RFP -PW -388 The undersigned declares that he /she has carefully examined the specifications, and instructions to contractors, and hereby agrees to furnish all labor, materials, tools, equipment, transportation, and all incidentals involved in the pruning on property within the limits of the City of Gilroy. Item Unit Cost Tree Pruning per ANSI Standards: 5" -11" EA $77.00 12" — 17" EA $137.00 18" — 23" EA $187.00 24" and larger EA $387.00 Tree Removal $ /HR $80.00 Stump Grinding $ /HR $80.00 Tree Planting (15 gal per City Std.) EA $195.00 Treatment for pest/disease per tree (soil injection) EA $77.00 After hours or Emergency Work (If there is a difference for holiday or other factors, please list) $ /HR/PERSON $120.00 Clearly describe and list the type and number of the equipment (e.g., 3 40 ft. aerial /boom trucks, 4 chipper trucks), and number of employees to be used or would be generally available to perform the work. Minor equipment such as brooms, rakes, shovels, etc. need not be listed. Use additional sheets of paper as needed. Please refer to section titled "Equipment" and "Staff Qualifications" in the attached City Tree Pruning & Maintenance Contract - Proposal No. 16- RFP -PW -388 Firm Name: West Coast Arborists, Inc. Address: 390 Martin Avenue Santa Clara, CA 95050 Telephone: 521 -3714 By: r /1 A y)bture of Approvgd Representative of Contractor Title: Y Patrick Mahoney, resident Contractor is required to provide a copy of at least one of the following documents: Injury and Illness Prevention Plan (IIPP), Code of Safe Practices, or other applicable safety related plan(s) or policies. Copy attached? Yes ® No ❑ D -2 City Tree Pruning & Maintenance Contract - Proposal No. 16- RFP -PW -388 E-1 ATTACHMENT E — NON COLLUSION DECLARATION I, Patrick Mahoney , declare as follows: That I am the President of West Coast Arborists, Inc., the party making the attached proposal; that the proposal is not made in the interest of any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and had not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal or that anyone shall refrain from proposing, that the proposer has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true, and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member of agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 25th day of May , 2016 at Gilroy, California. By Title NOTE: Signature must be notarized. Authority: Public Contract Code 7106 CCP 2015.5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1183 .rcrc•�,cc`.s:�.csec` tint. �C .cr`�f�;f�-�fe.^c��1ctb:.�'fr„� �rf�`c^r�.c�r. cscSsc^�-; s��: C.sc �cc^cnciC ��:�;'er.,��.��:rr_:Se A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _______ Orange on May 25, 2016 _ before me, _ Amelia I. Menzel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the ersonwhose name) is ask ubscribed to the within instrument and acknowl dged to me ih he1 eey executed the sa a �n his uthorized capacityjies) and that py ni s! signature(s)r15n the instrument the person, or the entity upon behalf of which the person.( cted, executed the instrument. AIiAEUA 1. WIENZEL ACM Comndision # 2105517 Notary Public - California Z = I W !U Orange County Comm. Ex Tres Apr 2, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature `J Signature of l'o t a ublic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dccument Title of Type of Document: City of Gilroy - Non Collusion Affidavit Document Date: 5/25/16 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney ElCorporate Officer — Title(s): President Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: _ Signer Is Representing: WCA. Inc. Signer's Name: _ ❑Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org ^ 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 City Tree Pruning & Maintenance Contract - Proposal No. 16- RFP -PW -388 F -1 ATTACHMENT F - SAFETY - WORKERS' COMPENSATION EXPERIENCE MODIFICATION RATE STATEMENT The following information will be used to determine if Contractor meets the minimum safety requirements for this project. In order for a proposer to be considered responsible with regards to their safety record and for the proposer's proposal to be considered, it is required, accept as discussed in the RFP, that the proposer 3 -year average meet at least two of the three minimum safety standards below: • Experience Modification Rate (EMR) of less than 1.25 • Recordable Incident Rate (RIR) of 13 or less • Days of Restricted Work Activity or Job Transfer Rate (DART) of 10 or less To verify the above information, the City will contact the Contractor's insurance carrier. Failure to release this information will result in the bid being non - responsive and result in automatic disqualification of the bid. The undersigned hereby authorizes the insurance company listed below to release the information requested hereon to an authorized City of Gilroy representative. Insurance Company: Liberty Mutual Contact Person for Insurance Company: Elaine Ulan Insurance Company Contact Person Phone Number: (213) 443 -0782 Signed this 25th day of May , 2016 West Coast Arborists, Inc. Signature Patrick Mahoney, President Title of Signatory • Sumbit 1 copy of this page for each insurance provider necessary to verify above information. 2013 2014 2015 Average Max. EMR .65 .59 .75 .66 <1.25 RIR 12.73 10.71 10.17 11.20 13 DART 10.05 8.91 7.48 8.81 10 To verify the above information, the City will contact the Contractor's insurance carrier. Failure to release this information will result in the bid being non - responsive and result in automatic disqualification of the bid. The undersigned hereby authorizes the insurance company listed below to release the information requested hereon to an authorized City of Gilroy representative. Insurance Company: Liberty Mutual Contact Person for Insurance Company: Elaine Ulan Insurance Company Contact Person Phone Number: (213) 443 -0782 Signed this 25th day of May , 2016 West Coast Arborists, Inc. Signature Patrick Mahoney, President Title of Signatory • Sumbit 1 copy of this page for each insurance provider necessary to verify above information. WcAir INC. CORPORATE CAPABILITIES West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers' satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest. • In business continuously and actively since 1972 • Contractor's License C615 C27 • Over $2,000,000 line of credit available • Bonded by CBIC, an A+ rated company • Approximately 750 employees • Nearly 250 contracts with public agencies • Over 75 Certified Arborists • Over IUO Certified Treeworkers • Drug -free workplace • 14,000 sq. ft. company- ownedHeadquarters (Anaheim) • Department of Agriculture Nursery license • Avg. 500,000 trees pruned annually over past 3 years • Avg. 18,000 trees removed annually over past 3 years • Avg. 14,000 trees planted annually over past 3 years • Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $5 million • Federal Tax ID #95- 3250682, current on all taxes and fil- ings with state and federal government • Sales volume over $80 million annually • Retained earnings of over $7 million • Fleet of approximately HOD State Of California , 9A. CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE L,,.��., 366764 ..mr. CORP .�. WEST COAST ARBORISTS INC •,�..,.. C61 /D49 C27 "d[K , C-.. 12/31/2016 www.cslb.ca.gov ►-�� Active Memberships: • International Society of Arboriculture (ISA) • Maintenance Superintendents Association (MSA) • California Landscape Contractors Association (CLCA) • Tree Care Industry Association (TCIA) • Street Tree Seminar (STS) • California Urban Forest Council (CaUFC) • American Public Works Association (APWA) Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT /LIMITS NOT LISTED BELOW. is to Certify that EXP DATE This I WEST COAST ARBORISTS, INC ❑ CONTINUOUS ❑ EXTENDED 2200 EAST VIA BURTON NAME AND ANAHEIM CA 92806 ADDRESS #� OF INSURED L J Liberty Mutual. INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ics) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: FCity of Gilroy 7351 Rosanna Street Gilroy CA 95020 !` 9 s u — R Los Angeles / 0603 818 W 7th Street, Suite 850 Los Angeles CA 90017 OFFICE Liberty Mutual Insurance Group Elaine Ulan AUTHORIZED REPRESENTATIVE 0564408 213 - 443 -0782 2/23/2017 PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 34370725 1 LM 2819 1 7/16 -7/17 - GL /2/1, AL /2, WC /1, U/5 I Elaine Ulan 1 2/23/2017 5:19:34 PM (CDT) I Page 1 of 1 LDI COI 268896 02 11 EXP DATE TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ❑ POLICY TERM WORKERS COMPENSATION Statutory Limits 7/1/2017 WA7- 66D- 039499 -076 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: All States Except: ND, OH, WA, WY EMPLOYERS LIABILITY Bodily In ury by Accident 1 OOO OOO Each occident Bodily Injury By Disease $1,000,000 Bodily Injury By Disease $1,000,000 COMMERCIAL GENERAL LIABILITY 7/1/2017 TB2- 661 - 039499 -016 General Aggregate $2,000,000 ❑ OCCURRENCE Products / Completed Operations Aggregate ❑ CLAIMS MADE $2,000,000 Each Occurrence $1,000,000 RETRO DATE Personal & Advertising Injury $1,000,000 Per Person/ Organization Other Dama a to remises rented to ther Medical Expense $5,000 0 AUTOMOBILE LIABILITY 7/1/2017 AS7- 661 - 039499 -036 Each Accident — Single Limit $2,000,000 B.I. And P.D. Combined Each Person 10 OWNED NON -OWNED Each Accident or Occurrence 10 HIRED Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2016 - 7/1/2017 TH7- 661 - 039499 -046 $5,000,000 Per Occurrence /Aggregate ADDITIONAL COMMENTS The City of Gilroy, its officers, officials and employees are included as Additional Insured(s) for General Liability, as there interest may appear where required by written contract per the attached endorsement. If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: FCity of Gilroy 7351 Rosanna Street Gilroy CA 95020 !` 9 s u — R Los Angeles / 0603 818 W 7th Street, Suite 850 Los Angeles CA 90017 OFFICE Liberty Mutual Insurance Group Elaine Ulan AUTHORIZED REPRESENTATIVE 0564408 213 - 443 -0782 2/23/2017 PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 34370725 1 LM 2819 1 7/16 -7/17 - GL /2/1, AL /2, WC /1, U/5 I Elaine Ulan 1 2/23/2017 5:19:34 PM (CDT) I Page 1 of 1 LDI COI 268896 02 11 POLICY NUMBER: TB2- 661- 039499 -016 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Gilroy, its officers, 7351 Rosanna Street Gilroy CA 95020 Service Agreement: Tree maintenance services performed by West Coast Arobirst covers City ofGilroy, it's officers, officials and employees are named as an additional insured, per the endorsement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 of G/�9 CITY OF GILROY FS SF—CITY CORPORATION YARD 7351 Rosanna Street * * Gilroy, California 95020 -6197 Telephone: (408)846 -0232 2200 E. VIA BURTON Facsimile: (408) 846 -0500 PURCHASE ORDER NO. 170261 PAGE NO. 1 V F— WE0191 —1 FS SF—CITY CORPORATION YARD E WEST COAST ARBORISTS, INC. 2200 E. VIA BURTON P 613 OLD GILROY STREET D ANAHEIM CA 92806 GILROY CA 95020 RI L— I TI LATTTN: J —J GERALD BUMANGLAG 'ORDER DATE: 09/29/16 BUYER: INGA ALONZO REQ. NO.: 170299 'REQ. DATE: TERMS: NET 30 DAYS F.O.B.: DESC.: TREE MAINTENANCE WORK, TR ITEM#j QUANTITY I UOM I DESCRIPTION UNIT PRICE EXTENSION 'EM# ACCOUNT AMOUNT 01 10024302489 4215 202,540.00 PROJECT CODE PAGE TOTAL $ 202, 540.00 TOTAL $ 202,540.00 APPROVED BY ���� [/Y, T._, /TR_ -- - -_. -- __