HomeMy WebLinkAboutSR - AGR-4790.11 - ELEVENTH AMENDMENT TREE TRIMMING SERVICES �pF 01Qa_
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March 10, 2015
ReviewedNeri ied By:
TO: Honorable Mayor and
Members of the City Council City Manager
Finance Dire or
THRU• John W. Sibley To Be Prese y: Marie Knight
City M na . X Cons Calendar _ City Mgr Rpts
FROM• Marie Knig Council Reports _ Legal Affairs
. Community Se iCes Dir Ctor Boards/Cmtes _ Public Hrgs
Admin Reports Plan/Environ
1. SUBJECT
Eleventh Amendment to Agreement 4790 with West Coast Arborists, Inc. (WCA) to increase the
total not to exceed amount by $30,000.00 for FY 14/15,extend the term of the Agreement through
December 2015,and add an additional$100,000.00 to the contract amount for the six month period
of July—December 2015.
2. SUMMARY
Eleventh Amendment to Agreement for tree trimming services for City Parks,Facilities, Rights of
Way and Assessment Districts to increase the total not to exceed amount for FY 14/15 by
$30,000.00 to cover unforeseen costs of tree trimming and removals due to wind events and other
additional service required beyond normal cyclical trimming. This Amendment will also add an
additional $100,000.00 to the contract amount and extend the term of the Agreement through
December 2015 in order to align with the termination date of Agreement 2082 for Public Works
street tree maintenance. Staff anticipates preparing an RFP for all tree trimming and related tree
maintenance services for public bid together with Public Works prior to termination of both
Agreements.
3. RECOMMENDED ACTION
1) Appropriate $4,000.00 from Fund 291 (Irvine — 86-2 Landscape Maintenance) unreserved
balance to 291.7026.51700.00000 (Contractual Services—Labor& Maint);
2) Appropriate $4,000.00 from Fund 293 (94-1 Sycamore Crossing Landscape Maint. District)
unreserved balance to 293.7024.51700.00000 (Contractual Services—Labor& Maint);
3) Approve Amendment to Agreement and authorize the Mayor and City Clerk to execute on
behalf of the City.
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4. FISCAL IMPACT
Upon appropriations, funds will be available in FY 14-15 as follows:
291.7026.51700.00000 (Contractual Services—Labor& Maint) $4,000.00
293.7024.51700.00000 (Contractual Services—Labor& Maint) $4,000.00
263.5011.56330.13120 (Traffic Improvement—Measure M2) $5,000.00
100.7022.51431.00000 (Landscape Maintenance—City Property) $7,000.00
600.8041.51431.00000 (Landscape Maintenance—City Property $10,000.00
TOTAL FY 14-15 $30,000.00
Upon City Council approval of the FY 15-16 Budget,funds will be available to cover the additional
$100,000.00 in the appropriate accounts for tree services for the period of July- December 2015.
5. STRATEGIC PLAN GOAL(S)
lb. Provide for a safe community - Provide and maintain infrastructure necessary to ensure
public safety.
2a. Be a fiscally healthy community - Expend fiscal resources responsibly.
3a. Refurbish, maintain, develop and/or expand public use places and spaces.
6. GENERAL PLAN IMPLEMENTATION
Natural Resources Element Goal 5.0: Provide recreational facilities and programs that
adequately serve the needs of residents.
Policy 5.1 Maintain existing City parks at levels that provide m�imum recreational to
benefit to City residents.
Infrastructure Element Goal 3.0: Ensure adequate maintenance of public rights-of-way to
enhance public safety and improve circulation.
Policy 3.2 Provide sufficient levels of street sweeping, landscaping, graffiti abatement,
shopping cart and bulk item removal from streets, sidewalks alleys, and other public rights-of-
way.
7. DISCUSSION and BACKGROUND
In 2006,the City entered into two separate 10-year Agreements with West Coast Arborists(WCA)
for tree trimming services. Agreement 2082 is administered by the Public Works Department
(PWD) for the maintenance of Street Trees. Agreement 4790 is administered by the Community
Services Department (CSD) for the maintenance of trees in Parks, City Facilities, Rights of Way,
and Assessment Districts.
Modifications to the Scope of Work and Funding for FY 14/15
The tree inventory managed by the CSD required additional maintenance in early FY 14-15, as a
result of several high wind events that required the use of a more significant portion of our tree
maintenance funds than past years. In addition, the tree inventory at all Water Division properties
became over grown and in poor health partly due to deferred maintenance resulting from budget
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reductions in the recent past. Tree maintenance at these locations was typically done on an as-
needed basis, causing an accumulation of heavy growth and brush that now poses some safety
concerns and concerns for the health of the trees.
In order to complete pending work and have sufficient funds available in the current Agreement
for the remainder of FY 14-15, the total amount of the CSD Agreement must increase by
$30,000.00 in FY 14/15 from $151,000.00 to $181,000.00. Appropriations are required to cover
this additional cost in two Assessment District accounts (Santiago Hills and Sycamore Crossing).
Other line items have sufficient funds to cover the added costs of the Agreement Amendment.
Extension of Agreement and Related Funding for FY 15/16
Agreement 2082 for PWD Street Trees expires in December, 2015 and Agreement 4790 for CSD
trees expires in June of 2015. Both Departments plan to put a new tree trimming and maintenance
contract out to public bid and have it be in place by January, 2016.
In order to continue tree services through December 2015 and align the agreement with the
termination date of the PWD Agreement 2082, Agreement 4790 with WCA needs to be extended
to cover the period of July 1,2015 through December 31,2015.This will allow for each department
to execute separate agreements with the successful bidder for tree trimming services beyond
December 2015 utilizing the same bid results. The Agreement also includes an additional
$100,000.00 for tree services for the first six months of FY 15-16 (July— December 2015). This
funding will be available upon approval of the FY 15-16 Annual Budget. It will not be known
what additional funding may be necessary for the balance of FY 15-16 until a new contract is
awarded for the balance of the fiscal year(January—June 2016). If budgeted funds are insufficient
to award a contract with the selected contractor for the remainder of FY 15-16, an additional
appropriation may be necessary at that time.
8. ATTACHMENTS
• Agreement 4790
• Draft Amendment 4790.11
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CONTRACT AGREEMENT
[Tree TrimmingJ�
TffiS CONTRACT AGREEMENT (the "Agreement") is made and entered into as of
July 1, 2005 (herein referred to as the "Effective Date"} by and between the CITY OF
ORANGE, a municipal corporation ("City"}, and WEST COAST ARBORISTS, INC., a
California corporation {the "Contractor'�, with its principal office for purposes of this
� Agreement at 2200 East Via Burton Street in the City of Anaheim, State of California.
ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the City, Contractor hereby agrees to and shall da all the woric and
fumish a11 the labor, materials,tools and equipment necessary to complete in good workmanship
and substantial manner the work(herein referred to as the"Work") described in Exhibit A hereto
for the Landscape Assessment Districts, City Parks and other City Facilities described on
Exhibits B through D attached hereto.
The Work is to be performed in coriformity with all applicable laws, includir�g all
applicable federal and state labor laws and standards and applicable prevailing wage
requirements.
Unless and until otherwise notified in writing by the City's Community Services
Director, Mr. Howard Morris, the City's Assessment District Coordinator, or Mr. Dana
Rvbertson, the City°s Parks Superintendent (herein referred to as the "Authorized City
Representativess"), shall be the person to whom the Contractor will report for the performance
of the Work hereunder, including, for example,the scheduting of tree trimming. It is understood
that Contractar's performance hereunder shall be under the direction and supervision of the
Authorized City Representatives or such other persan as the City's Community Services
Director may designate from time to time, that Contractor shatl coordinate the Work hereunder
with the Authorized City Representatives to the extent required by the Authorized City
Representatives, and that all performances required hereunder by Contractor shall be performed
to the satisfaction of the Authorized City Representatives or the City's Community Services
Director.
It is further understood that the scope and ex�ent of the Work and services to be
performed hereunder during each fiscal yeaz remaining da.u�ing the Term of this Agreement will
be dictated by the amount of funds coramitted to this Agreement through each annual budget
process by the City Council.
Accordingiy, the Authorized City Representative$ and Contractor's representative shall
meet and confer on a regular basis to evaluate and coordinate the Work and services to be
performed during each fiscal year, including anticipated ti�tal costs and tasks towazd completion.
The Authorized City Representatives shall be consulted by the Contractor regarding the
component parts of projects handled so ihat the Authoriaed Ciiy Representatives can determine,
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or secure a determination from the Community Services Director, as appropriate, tactics,
sirategy and whether a particular activity makes sense from an economic standpoint or can be
done more economically in anather fashion.
The Authorized City Representatives is to be consulted regarding staffing of its matters
and is to be advised of any significant shift in sta�ing.
ARTICLE II
The Tsrm of this Agreement will commence on July 1, 2005 and terminate on June 30,
2015, unless the Agreement is terminated sooner pursuanf to the provisions and conditions of the
Agreement.
ARTICLE III
The total not-to-exceed amount budgeted by the City Council and available for the Woric
and services to be rendered under the Agreement for Fiscal Yeaz 2005-06 is the suai of One
Hundred Eleven Thousand Seven Hundred Fifty Dollars ($111,750.OQ). For each subsequent
fiscai yeaz during the Term of this Agresment, the Contractor and the Authorized City
Representatives hereby agree to and shall meet not later than Apri130`� Qf each yeaz to attempt to
agree upon .the not-to-exceed amount of compensation payable to the Contractor far the next
succeeding fiscal yeaz.
The total not-to-exceed amount af compensation payable to Contractor for services
performed during each successive fiscal year during the Term of this Agreement must be agreed
upon by and between the Authorized City Representatives and the Contractor �
�, and thereafter approved by the City Council as part of its annual budget
approval process prior to the beginning of each fiscal ear. If the Authorized City
Representatives and the Contractor are yable to
Contractor for services to be perfarme e ne succe g scal ear in uestion and
the Ci Council approves that amount as part of its annual bud et, I� � �i
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If,on the other hand,the parties are unable to agree upon the amount of compensation
payable to the Contractor or the City Council elects, in its sale and absolute discretion, not to
include in the annual budget for the fiscal year in question the amount agreed upon by and
between the Authorized City Representatives and the Contractor, this Contract Agreement shall
terminate on the date that the then current fiscal year ends; subject, however, to the Contractor's
agreement to continue with its Work on a month-to-month basis for not more than four (4)
months during the new fiscal yeaz at the same compensation as was payable for the immediately
preceding fiscal year so that the City may initiate and complete a competitive bidding process to
secure the services of another contractor who would be willing to perform the Work for an
amount that will be acceptable to the City Councii.
Unless otherwise agreed, Contactor sha11 provide monthly bills during the Term. A
detailed description of the work and services rendered, including the trees trimmed and
maintained and plants and materials purchased and installed, for the preceding month must be
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pmvided in each montiily bill. The Contractor shall include with each invoice a copy of that
portion of the inventory that it is required to prepare, maintain and update for the period in
question.
The City shall pay Contactor for work and services rendered and costs incurred hereunder
at the rates and in the amounts pmvided in Exhibit A hereto within thirty{34) days following the
City's receipt and approval of each monthly bill. Rates and fees for Work completed sha11 be in
accordance with the unit costs set forth in Exlubit A hereto. The Contractor agrees to keep its
unit costs for Work to be performed by the Contractor for tlie balance of the Term of this
Agreement the same as set forth in Exhibit A hereto.
ARTICLE IV
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of the Cantractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
ARTICLE V
Contractor represents that it and any subcontractors it may engage, possess any and all
licenses which aze rec�uired under state or federai law to perform the Work contemplated by this
Agreement and that Contractor and subcontractors sha11 maintain all appropriate licenses,
inciuding a City of Orange business license, at its cost, during the performance of this
Agreement.
ARTICLE VI
a Contractor shall carry workers' compensatiQn insurance as required by law for the
pmtection of its employees during the progress of the Work. The inswer shall waive its rights to
subrogation against City, its officers, agents and employees, and shall issue a certificate and
endorsement to the policy evidencing same.
b. Contractor shall maintain during the life of this Agreement, comprehensive
general liability insurance or commercial general liability insurance (including operations,
products and compieted operations} providing for a minimum of$] million per occurrence for
bodily injury, death anct property damage. If insurance wi.th a general aggregate limit is used,
ei#her the general aggregate limit shali apply sepazately to the Work to be performed under this
Agreement or the general aggregate limit shall be $2 million. The generat liability policy shall
be endorsed to caver the City, its oi�cers, officials, employees and volunteers as insureds with
respect to liability arising out af work or operations performed by or on behalf of the Contractor
including materials,parts or equipment furnished in connectian with such work or operations. A
policy endorsement to that effect shatl be provided to the City alang with the executed original of
a certificate of insurance, which endarsement shall be on Insurance Services Office, Inc. Form
CG 20 10 10 O1 and CG 20 37 10 U1 or such other form as may be acceptable to the City. In lieu
of an endorsement, the City wilI accept a copy of the policy which evidences that the City is an
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additiona! insured as a contracting party and that such coverage affords the City coverage for
both ongoing work exposure and for products-completed operations.
c. Contractor shall maintaiu during the life of this Agreement, automotive liability
insurance on a comprehensive form with respect to liability arising out of automabiles owned,
leased, hired or borrowed by or on behalf of the Contractor, providing for a minimum of $1
million per accident for bodily injury, death and property damage. The automotive liability
policy shall be endorsed to cover the City, its officers, of�icials, employees and vvlunteers as
insureds with respect to tiability arising out of automobiles owned, leased, hired or borrawed by
or on behalf of the Contractor. A policy endorsement to that effect sha11 be provided to the City
along with the executed original of a certificate of insurance, which endorsement shall be such
form as may be acceptable to the City. In lieu of an endorsement, the City will accept a copy of
the policy which evidences that the City is an additional insured as a contracting party and that
such coverage affords the City coverage:
d. The insurance policies maintained by Contractar shall apply to the City on a
primary basis and not contributory with any insurance or self insurance available to the City.
Contractor will determine its own needs in procurement of insurance to cover liabilities other
than as stated above.
e. 4n or before delivery of this Agreement by the Contractor to the City and as a
condition precedent to execution hereof by the City and the City's obligatian to pay the
Contractor any compensation hereunder, Contractor shall fumish executed original certificates of
insurance and endorsements, as required by City, evidencing the aforementioned general
liability, automotive and workers compensation insurance caverages on forms acceptable to City,
wluch sha11 provide that the insurance in force will not be canceled,modified or allowed to lapse
without at least ten(10)days prior written notice to Ci.ty.
f. All insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
g. Contractor shall immediatety notify the City if any required insurance lapses or is
otherwise modified and cease performance of this Agreement unless otherwise directed by the
City. In such a case, the City may procure insurance or self insure the risk and charge Contractor
for such costs and,any and all damages resulting therefrom by way of set-off from any sums
owed Cantractor.
h. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance,Contractor shall look solely to its insurance for recovery.
i. Contractor shall incIude all subcontractors, if any, as insur�ds under its policies or
sha11 furnish sepazate certificates and endorsernents for each subcontractor to the City for review
and approval. Al! coverages for subcontractors shall be subject to all of the requirements stated
herein.
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ARTICLE VII
Should any of the materials or equipment installed pursuant to this Agreement prove
defective within ninety (90} days after the date on which said equipmentor materials is accepted
by the Authorezed City Representatives, the Contractor shall make repairs and fumish such
materials and equipment as are necessary to be furnished and installed within fifteen {1 S)
calendar days after the receigt of a demand from the Authorized City Representatives.
In the event repairs are not made within fifteen (15} calendar days after the Contractor's
receipt of a demand from the City, the City shall have the unqualified option to make any needed
repairs or replacements itself or by any other contractor. The Contractor shall reimburse the
City, upon demand, for all expenses incurred in restaring said materials or equipment to the
condition contemplated in this Agreement, including the cost of any equipment or materials
repIaced.
ARTICLE VIiI
Section 177I Califomia Labor Code expressly includes "maintenance" within its
definition of a "public work" and provides that contracts for maintenance are subject to
prevailing wage laws. Prevailing wa.ge determinations exist for certain crafts since 1977. To the
extent that the Contractor's employees will perform any work that fatls within any of the
classifications for which the Department of Labor Relations af the State of California
promulgates prevailing wage determinations, the Contractor hereby agrees that Contractor, and
a.ny subcontractor under it, shall pay not less than the specified prevailing rates of wages to aIl
such workmen. The general prevailing wage determinations for crafts can be located on the web
site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). It is our understanding
that it is the practice and policy of the Department of Industrial Relations to refrain from
enforcing prevailing wage obligations for any wark that falls autside the scope of work
referenced for a particulaz craft of classification.
Attached hereto as Exhibit and incorporated herein by this reference es a copy of the
provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code.
The Contractor hereby acknowledges that it has read, reviewed and understands those provisions
of the California Labor Code and, accordingly, hereby agrees ta and shall prosecute and
complete the Work under this Agreement in strict comp[iance with all of the terms and
provisions contained in those provisions of the California l,abor Code.
The Contractor hereby agrees ta and shall secure the payment of compensation to its
employees in accordance with the provisions of Section 3700 of the California Labor Cade.
Accordingly, and as required by Section 1861 of the Califomia Labor Code, the Contractor
hereby certifies as follows:
"I ana aware of the provisions of Section 3700 of the Labar Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accor@ance with the
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provisions of that code, and I will comply with such provisions before
commencing the perfarmance of the work of this contract"
The Contractor hereby agrees to and shaEl indemnify, protect, defend and hald harmless
the City and its officers, employees, contractors and agents, with counset reasonably acceptable
to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or
"increased costs" (including reasonable attorneys fees, court and litigation costs, and fees of
expert witnesses) which result or arise in any way from the noncompliance by Contractor of any
applicable local, state and/or federal law, including, without limitation, any applicable federal
and/or state labor laws (including, withaut limitation, the requirement to pay state prevailing
wages}. It is agreed by the parties that, in connection with the construction of the Work which is
the subject of this Agreement, Contractor shall bear ali risks of payment or non-payment of state
prevailing wages. "Increased costs"as used in this paragraph shaEl have the meaning ascribed to
it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to
time. The foregoing indemnity shall survive termination of this Agreement.
ARTICLE IX
Contractor agrees to and shatl defend, indemnify and hold harmless the City and its
offcers, employees, attorneys, contractors and agents from and against all claims, liability, loss,
damage, costs or expenses (including reasonable attorneys' fees and court costs} arising from or
as a result of the death of any person or any accident, injury, loss or damage whatsoever caused
to any person or the property of any person which shall occur on ar adjacent to the real property
which is the subject of this Agreement, or in connection with performance of this Ageement
which may be directly or indirectiy caused by the acts or omissions of the Contractor or its
officers, employees, contractors or agents. Contractor shall not be responsible for (and such
indemnity shall not apply to) any willful misconduct, negligence or breach of this Agreement by
the City or its officers, employees, attomeys, contractors or agents. The foregoing indemnity
shall survive termination of this Agreement.
ARTICLE X
Time is of the essence in this Agreement. Contractor shall do all things necessary and
incidental to the prosecution of Contractor's work.
ARTICLE XI
During the performance of this Agreement,Cantractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin or mental or physical disability.
Contractar shall ensure that applicants aze employed and that employees are treated during
employment, without regazd to their race, colar, religion, sex, naiional origin, or mental or
physical disability. Such actions shall include, but not be limited to the following: employment,
upgrad.ing, demotion or transfer, recruitment or recruihnent advertising, layaff or tertnination,
rates of pay or other forms of compensation and selection for training, including apprenticeship.
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Contractor agrees to post in conspicuous places, availahle to employees and applicants for
employment, a notice setting forth provisions af this non-discrimination clause.
b. Contractor shail, in all soiicitations and advertisements for employees placed by,
or on behalf of Contractor, state that alt qualified� applicants will receive consideration for
� employment withaut regard for race, color, religion, sex, national origin, or mental or physical
disability.
c. Contractor shall cause the foregoing garagraphs (a) and (b) to be inserted in alI
subcontracts for any Work covered by tlus Agreement, provided that the faregoing provisions
shall not apply to subcantracts for standard commercial supplies or raw materials.
ARTICLE XII
City, acting through its City Manager or his designee, reserves the right to terminate this
Agreement for any reason by giving five (5) days written notice of intent to terrninate to
Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice
providss otherwise. Should City terminate this Agreement, City shall pay Contractor for
services satisfactorily provided and all allowable reimburssments incurred to the date of
termination in compliance with this Agreement, unless such termination shall be for cause, in
which event the City may withhold any disputed compensation. City shall not be liable for any
claim of lost profits.
ARTICLE XIII
In accardance with generally accepted accounting principles, Contractor shall maintain
reasonably fulI and complete records of the cost of and completion of services performed under
this Agreement. During the term of this Agreement and for a period of two yeazs after
termination or completion of this Agreement, City sEtail have the right to inspect and/or audit
Contractor's records pertaining to the performance of this Agreement at Contractor's office.
Contractor agrees to make available all records for inspection or audit at its affices during
normal business hours and upon 3 days notice from City.
ARTICLE XIV
At all times during the term of this Agreement, Contractor shatl be an independent
contractor and not an employee of City. City sha11 have the right to control Contractor only
insofar as the result of Contractor's services rendered pursuant to this Agreement. City sha.11 not
have the right to control the means by which Contractor accomplishes services rendered pursuant
to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials
and equipment which may be required for furnishing services pursuant to this Agreement.
Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless
from all matters reladng to the payment of its subcontractors, agents and employees, including
compliance with social security, withholding and all other wages, salaries, benefits, taxes,
exactions, a.cid regulations of any nature whatsoever. Contractor acknowledges that Contractor
and any subcontractors, agents or employees empioyed by Contractor shall not, under any
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circumstances, be considered employees of the City, and that they shall not be entitled to any of
the benefits or rights afforded employees of the City, including, but not limited to, sick leave,
vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life,
dental,long-term disa.bility or workers'compensation insurance benefits.
ARTICLE XV
Excep#as otherwise provided herein, all notices required under this Agreement shail be in
writing and delivered personally or by first class mail, postage prepaid, to each party at the
address listed below. Either party may change the notice address by notifying the other pazty in
writing. Notices may be sent by either facsimile or U.S.Mail. Notices shall be deemed received
upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices
sent by facsimile shall be deemed received an the date of the facsimile transmission.
"CONTRACTOR" "CITY"
West Coast Arborists,Inc. City of�range
2240 East Via Burton Street 300 E. Chapman Avenue
Anaheim, CA 92806 Orange, CA 92866-1591
Arin: Randy Thompson Attn: Howard Morris
Telephone No. 714-991-1900 Telephone No. 714744-7274
FAX No. 714-956-3745 FAX No. ?14-744-7251
Mobile No. 714-920-I273 Mobile No. 714-920-9659
. ARTICLE XVI
This Agreement constitutes the entire.agreement of the parties. No other agreement, oral
or written, pertaining to the Work to be performed under this Agreement shall be of any force or
effect unless it is in writing and signed by both parties. Any Work performed which is
inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
This Agreement shall be construed in accordance with and governed by the laws of the State of
California and Contractor agrees to submi# ta the jurisdiction of California courts. Tf any action
at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attomeys' fees, costs, and necessary disbursements, in
addition to any other relief to which it may be entitled.
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the date and yeaz first above written.
"CITY"
CITY OF ORANGE,a municipal carporation
By: L
Maz A.Murphy,May
CONTRACT AND INSURANCE �
APPROVED Y: ATTEST:
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Theodore . eynolds Mary . M y,City Cle
Assistan ity Attorney
"CONTRACTOR"
WEST COAST ARBORISTS, INC., a California
corporatian .
[Notr: Sigaature of Chalrman of the By:
Board,President or Vice Pres�dent�S Printed Name: Patrick . ahoney
reque�red) Title: ' nt
[Note: Signature of Secrelary,AssPstant By:
Secretary,ChlejFiriancia[O,�cerot Printed Nam . s erson
Assista�rt Treasarer ls also requiredj Title: Ass ecretary
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EXHIBIT°°A"
SCOPE OF WORK
1. UNIT COSTS:
A. Tree Trimming:
i. Trees in Pazk sites shall be trimmed in four (4)year cycles. $39.00/Tree
Trees in Landscape Assessment Districts and Ciiy Facilities shatl
be pruned annually(some,but not alI City Facility trees shall be
pruned at the Crew Rental Rate as determined by the City and
Contractor). Includes shaping and thinning as necessary to
I.S.A. Stanaards,and clean up and removal of all debris.
i. Queen and Waslungton Palms trimmed annually. Includes $2Q.04/Tree
Inctudes trimming fmnds to a 45 degree angle, removing all seed
pods removing loose heels of fronds,cleaning trunk up to five feet
from head of tree,and clean up and removat of all debris.
ii. Date Paims trimmed annually in two (2)year cycles. $95.00/Tree
Includes removal of dead fronds and seed pads, cleaning of
trunk up to five feet from head of tree,and clean up and
removal of all debris.
iii. Skinning of Palm trees. Includes removal of old leaf $8.00/Foot
stems,shag skirts and cteaning of trunk up to five feet from head,
and clean up and removal of debris.
B. Complete Tree and Stamp RemovaL• $3.00/Diameter Inch
Includes tree removal, stump grinding, clean up and rernoval.
C. Stump Only Removal: $4.00/Diameter Inch
Includes stump grinding, clean up and remova.l of debris.
D. Tree Planting:
i. 15 gallon tree with root barrier $95.00/Each
Includes tree, root barrier,stakes, ties and instailation.
ii. 15 gallon tree without root bazrier $80.00/Each
Includes tree, stakes and installation.
iii 24 inch box tree with root barrier $195.00/Each
Includes tree, raot barrier, stakes and installation.
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iv. 24 inch box tree without root barrier $160.00/Each
Includes tree, stakes and installation.
E. Wateriug af Trees: $260.00/Day
Includes water,truck,and driver for eight hour day.
F. 3-Man Crew Rental: 3 Mea,Aerial Unit,Damp Truck& Chipper: $95.00/Hour
Provide three (3)men with typical chain saws and hand tools required
for tzee trimming,aerial tawer,dump truck and chipper dnring
norma!business hours.
G. 4-Man Crew Rental: 4 Men,Aerial Unit,Dnmp Truck& Chipper: $126.64/Hour
Provide four(4)men with typical chain saws and hand tools required
far tree trimming,aerial tower, dump truck and chipper dnring
normal business hours.
H. Emergency Work Call Out: $204.40/Hour
Provide thee (3)men with typicat chain saws and hand tools required
For tree trimming,aerial tower,dump truck and chipper after
normal business hours.
I. Disposal of Debris:
The Contractor shall be responsible for the cost and expense of disposal (including any
dumping fees)of any and all debris or waste materials.
2. SCHEDULING OF WORK:
A. Tree Trimming:
The Contractor shall perform tree trimming in accordance with specifications contained
in this Agreement {or as otherwise agreed to by and between the Contra.ctor and the
Authorized City Representatives) and in accordance with scheduling to be determined by
the Authorized City Representatives.
B. Non-Tree Trimming Work:
Any non-tree trimming work shall be performed only as initiated on an as needed basis
by the Authorized City Representatives (or his designee) and performed in accordance
with specifications contained in this Agreement or as otherwise agreed to by and between
the Contractor and the Authorized City Representatives.
3. PERFORMANCE OF WORK:
A. Project Supervisor:
The Contractor will provide a Project Supervisor for this Agreement. The Project
Supervisor shall be a Certified Arborist, have five (5) or more years experience in the
Arboricultnre industry and provide overalf supervision and coordination of the Work
� • �
under this Agreement. The Project Supervisor will be the central point of conta.ct with
the City and have fuil authority to act on behalf of Contractor on all contract matters
relating to the daily operation of this contract. The Project Supervisor shall fumish the
Authorized City Representatives with his or her teleghone number(or numbers}and shall
be accessible by the Authorized City Representatives on a 24-hour, 7 dayslweek basis
during the Term of this Agreement.
B. Daily Sapervision: Daily supervision will consist of,but is not limited to:
• Reporting to the Authorized City Representatives with location information
and maintaining an open line of communication.
• Supervise crew personnel to insure pmper pruning standaztis aze used.
• Traffic controi setup and maintenance of coned area.
• Supervision and protection of property from damage.
• Immediate notificatian of the Authorized City Representatives upon damage
of City or personal properiy to include plan for carrective measures to take
place within 48 hours.
• Itisure City Pazks, Facilities and Landscape Assessment Districts aze free of
any debris at the end of each work day.
� Maintain A record of the Wark completed each day during the Term of this
Agreement.
C. WeekEy Sapervision: Weekly supervision will consist of, but is not limited to:
• Weekly inspection of Work completed to include meeting with the Authorized
City Representatives.
• Insure standards of pruning are performed in accordance with specifications
provided by the City.
• Maintain open communicateon with the Authorized City Representatives and
field crew.
D. Training:
The Contractor shall provide an extensive in-house training curriculum for all employees
to broaden their knowledge of the Arboriculture field of study. Included in this training
is the I.S.A. Standards, both Treeworker and Arborists study programs, and a variety of
National Arborists Association home study programs.
E. Schedule of Work:
Contractor will submit daily work schedules on a weekly basis for approvat by the
Authorized City Representatives at least one week prior to commencing work.
Cantractor will notify the Authorized City Representatives of any changes in start date of
each tree maintenance operation at least 24 hours in advance.
Contractor will provide brochures that explain the tree maintenance process (in a form
acceptahle to the Authorized City Representatives) and distribute the brochures to
citizens prior to the start of maintenance operations in said area.
. �
All annual and four year trees will be maintained at each City location, including atl large
and small trees. This will assure that all trees are trimmed every four years.
All service requests will be completed on an "as needed " basis. Work shall be
conducted in a cooperative manner as to cause least amount of possible interference with
or annoyance to others.
The schedule will reflect the following specifics:
i. Tree Pruning—AIl pruning will be completed in accordance with the most current
approved standards set forth by the Westem Chapter of the Intemational Society
of Arboriculture. All debris will be removed from ttte jab site dauly.
ii. Tree Removals — Job sites shall be cleaned daily, including raking of leaves and
remova! of a11 debris.
iii. Stump Removals — Stumps will be removed within five working days after tree is
cut down. All holes will be backfilled,as well as all debris cleaned up and hauled
off site on the day the stump removal is completed.
iv. Sprinkler Repairs — Any sprinkler system disrupted by the Contractor witl be
repaired within no more than 24 hours.
iv. Green Waste - Contractor shall embazk in a landfill diversion process where all
"green waste" is taken to recycling facilities for use in the production of soil
amendments.
F. Prosecation of Work:
To minimize public inconvenience and possible hazazdous si#uations, Contractor wiil
work diligently to prosecute the Work to comptetion and will reptace and/or restore any
portion of the work azeas affected by the Contractor's work or ather acts to at least as
good a condition as such areas were in prior to the Contractor's commencement of such
Work.
G. �Iours of Work and Operation:
All Work will be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday
through Friday (herein referred to as "normal business hours") or as may otherwise be
directed by the Authorized City Representatives. Any equipment that generates excess
noise will not be used before 8:00 p.m. Work will not occur on weekends, unless
approyed by the Auti�orized City Representatives, or City recognized holidays, except in
the case of an emergency.
H. Complaints:
Contractor will notify the Authorized City Representatives immediately upon damage of
personal property including plans far corrective measures to take place within 48 hours.
A written log of aIl complaints will be maintained to include the date, time of occwrrence,
location,problem and actian to be taken pursuant thereto or reasoning for non-action.
Any activities found by the Authorized City Representatives to be unacceptable will be
rectified immediately. All other complaints shall be abated witlun 24 hours of
occurrence.
I. Cooperation and Callateral Work:
Contractor will give the right to operate within the project area to City workers and
contractors, utility companies and athers as needed as long as a cooperative effort is
mad.e to mictimize interference in daily operations.
J. Project Site Maintenance:
All work sites will be left free of debris and rubbish at the end of each work day.
Contractor will not discharge smoke, dust, or any other air contaminants in quantities,
which would violaxe the regulations of any legally constituted authority.
K. Protection and Restarafion of Existing Improvements:
Contractor accepts responsibility for the protection of public and private property
adjacent to the work area and shall sxercise extreme care to prevent damage to such
property. Any damage incurred to existing City or private property facilities and
improvements by Contractor operations shall be repaired or replaced at their expense.
L. Public Convenience and Safety:
i. Traffic Control — Contractor wiil set� up a1I traffic control procedures in
accardance with the Work Area Tr�c Control Handbook {WATCH Book) and
State of California Manuat of Traffic Controls as well as the City af Orange
Traffic and Safety �perating Rules. During the progression of Work, Contractor
will make adequate provisions to insure the normal flow of�c over the public
streets and park raads as much as possible. Every effort will be made to keep
driveways and passageways open to the public during operating hours. A traffic
control plan witl be submitted to the City ten (10} days prior to starting the
contract. This will include a high visibility flashing arrow board{s)when needed.
All traffic safety equipment and devices will be approved, prior to use, by the
City.
ii. Pubdic Safety — West Coat Arborists, Inc. will provide all safety measures
necessary to protect the public and worker within the work azea.
ii. Sound Control— Contractor will comply with any and all local saund control and
noise level rules, regulations, and ordinance which apply to any Wor[c performed
in the City. No tree maintenance operatians will begin prior to 7:00 a.m. All
equipment that generates excess noise will not be in use prior to 8:00 a.m. All
Work will cease by 5:(?0 p.m. or as directed by the City.
iii. Right-of Way — All Work will be performed in the public right-of-way.
Contractor employees will not utilize private properly for eating, coffee breaks or
any other reason of use water or electricity from suck property without prior
written pertnission of thc owner. '
4. SPECIFIC WORK:
A. GeneraL•
Contractor wili perform all tree maintenance in accordance with the most current
standards adopted by the Westem Chapter of the Intemational Society of Arboriculture.
Contractor will clean all}ob sites when wark is completed,including the raking of leaves,
twigs, etc. from lavm and parkway and sweeping of streets. All resulting debris will be
removed from the work site daily and properly disposed of at the end of each day.
B. Praning Standards:
The most current Westem Chapter I.S.A. Pruning Standard adopted is considered to be an
integral pazt of the Agreement. Final pruning cuts will be made without leaving stubs.
Cuts shatl be made in manner to promote fast callous growth.
C. �Wood Recycling:
Contractor is committed to taking alI recyclable material removed from the trees trimmed
for tile duration af the Agreement to a recycling center for processing. Such recyclable
material will be refeaed to as "green waste". Verification of amounts recycled will be
obtained by Contractor Receipts will be provided ta the City for the purpose of ineeting
the goals of the State for reducing landfill usage.
S. INVENTORY OF TREES:
The Contractor will develop, maintain and periodically update an inventory of the trees
that have been trimmed, maintained and(or planted, which the Contractor will make
available for review by the Authorized City Representatives. The Contractor will attach
to each invoice a copy of that portion af the inventory that reflects #ree trimming,
maintenance and planting for the period of time covered by each invoice. ,
EXHIBIT "B"
DESCRIPTION OF LANDSCAPE ASSESSMENT DISTRICTS
[Behind this sheet.]
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RE410�M1 PAR1f
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M�NTENAN�E
RESPONS161LITY N�AP
THE CtTY OF ORA(�lGE -
ANTIAGO HILLS . �
ASSESSMENT DISTR(CT 86-2
�RANG�, CALIFORNIA
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_______
EI�IiIBIT "C"
DESCRiPTION 4F CITY PARKS
(Behind this sheet.]
� ' CITY OF ORANGE
C�MMUNITY SERVICES
PARKS
't. Belmont Park 11.Olive Parfc
453fi E. Via Escola Ave 2841 N. Glassell St.
Orange, CA 928fi5 �range, CA 928fi5
2. Eisenhower Park 12.Pitcher Park
2864 N. Tustin Ave 204 S. Cambridge Ave
Orange, CA 928fi5 Orange, CA 928fi6
3. EI Camino Real Park 13.Plaza Park
400 N. Main Street Orange Plaza
Orange, CA 92868
14.Santiago Hilfs Park
4. EI Modena Park 8040 E. White �ak Ridge
555 S Hewes Street Orange, CA 90602
Orange, CA 92869
15.Senior Center
5. Grijalva Park 170 S. Olive Street
368 N. Prospect Ave Orange, CA 928fi6
Orange, CA 92869
16.Serrano Park
6. Handy Park 2349 Apache Creek Dr.
2143 E. Oakmont Ave Orange, CA 92869
Orange, CA 92867
17.Shaffer Park
7. Hart Park 1930 N. Shaffer Street
701 S. Glasself St. Orange, CA 92865
Orange, CA 928fifi
18.Veterans Memorial at Depot
8. Kiltefer Park Pa�
fi15 N. Lemon St. 100 N. Atchinson Street
Orange, CA 92866 Orange, CA 928fi6
9. La Veta Park 19.Yorba Park
3705 E. La Veta Ave 190 S. Yorba Street
Orange, CA 92867 Orange, CA 92867
10.McPherson Athlefic Center
333 S Prospect Ave
Orange, CA 928fi9
N:parks divisio�lparkslpark addresses
�
, • -
EXHIBIT"D"
DESCRIPTION UF OTHER CITY FACILITIES
[Behind this sheet.]
, � .
: . ' .
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT
City Facility Tree Pruning Sites
1. Fire Station#1, 176 South Crra.nd Street
2. Fire Station# 2,29(30 east Collins Avenue
3. Fire Station# 3, 1910 North Shaffer Street
4. Fire Stadon#4,201 South Esplanade Street
5. Fire Station# 5, 1343 �Vest Maple Avenue
6. Fire Station#6, 345 South The City Drive
7. Fire Station#8, 5275 East Carver Lane
8. Main Library,407 East Chapman Avenue
9. El Modena Library/OCpTA Day Care, 380 8c 392 South Hewes Street
10. Taft Library, 740 East Taft Avenue
11. Community Services House, 246 South Center Street
12. Senior Citizens Center, 170 South Olive Street
13. Potice Facility, 1107 North Batavia Street
14. Corporation Yard, 637 West Struck Avenue
15. Civic Center, 3U0 East Chapman Avenue
16. Economic Development Buitding,230 East Chapman Avenue
17. Resource Center, 210 North McPherson Street
18. Esplanade Street Parkways,200-500 South Esplanade Street
I9. Plaza Park,Orange Plaza
2Q. Lemon Stree#Pazking Lot, 100 Block North Lemon Street
21. Olive Street Pazking Lots, 100 Biock North& South Olive Street
22. Orange Street Pazking Lots, 100 Block North& South Orange Street
23. East Santa Fe Parking Lot, 1$6 North Atchison Street
24. West Santa Fe Parking Lot,505 West Chapman Avenue
25. Municipal Parking Lot, 190 South Olive Street
26. Los Tunbres Street Parkway&Median, 5000-5300 East Cha.pman Avenue
27. Sandago Canyon Road Planter, 5200 East Santiago Canyan Road
28. Serrano Avenue @ Cannon Street Planter, 5400 East Serrano Avenue
29. Hewes Street @ Jordan Parkway,504 South Hewes Street
30. Highland Street Parkway,200 Block North�Highland Street
31. East LaVeta Avenue Parkway,900-1000 Block East LaVeta Avenue
32. Rancho Santiago Boutevard Pazkway, 700-8Q0 Block North Rancho Santiago Boulevard
33. Monwnent Planter @ Orange-Olive Road, 2800 North Orange-0live Road
34. Richland Avenue Planters &Medians, 100 east Richland Avenue �
35. Santiago Canyon Road @ Newport Boulevard Parkway, 8000 Block Santiago Canyon Road
36. Villa Real Drive Parkway, 2700-2900 Block Villa Real Drive
37. Southem Avenue Pazicway, 500.800 Block Southem Avenue
38. Yorba Street Planters,2400 Block Palmyra Avenue
39. Glassell Street @ Taft Avenue Planter,NWC Glassell Street @ Taft Avenue
40. East Lincoln Avenue Planter, 1100 Black East Lincoln Avenue
9-21-OS
. � _
EXHIBIT"E"
SECTIONS 1771, 1775, 1776, 177.5, 1813 AND 1815
OF THE CALIFORMA LABOR CODE
CaGforeia Labor Code Section 1771. Pavment of eeneral nrevailin�rate
Except for pubtic works projects of one thousand dollars ($],000) or tess, not less than the
general prevailing rate of per diem wages for work of a similar character in the locality in which the
public wark is performecl,and not less than the geaeral prevailing rate of per diem wages for hoiiday and
overtime work fixed as provided in this chap#er,shall be paid to al! workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work
carried out by a public agency with its own forces. This section is applicable to contracts let for
maintenance work.
California Labor Code Sectian 1775. Penalties for violations
(a)(1}The contractor and any subcontractor under the contractor shall,as a penalty to the state or politicat
subdivision on whose behalf the contract is made or awarded,forfeit not more than fifty dollazs($50}for
each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker is employed for any public work
done under the contract by the conttactor or, except as provided in subdivision (b), by any subcontractor
e�nder the contractor.
(2}(A)The amount of the penalty shall be determined by the Labor Commissioner based on consideration
of both of the fflllowing:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a
good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the
attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
(B)(i) The penalty may not be tess than ten dollars ($10) for each calendar day, or portion thereof, for
each worker paid less than the prevailing wage rate,unless the failure of the contractor or subcontractor to
pay the correat rate of per diem wages was a good faith mistake and, if so, ttie error was promptly and
voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) The penalty may not be less than twenty dollars ($20) far each calendaz day, or portion thereof, for
each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed
penalties within the previous three years for failing to meet its prevailing wage obligations on a separate
con#ract,unless those penalties were subsequentty withdrawn or overturned.
(iii) 'fhe penalty may not be less than thirty @ollars ($30) for each calendar day, or portion thereof, for
each worker paid less than the prevailireg wage rate, if the Labor Commissioner detetmines that the
vioiation was willful,as defined in subdivision{c)of 5ection 1777.i.
. .
(C) When the amount due under this section is collected from the contractor or subcontractor, any
outstanding wage claim undec Chapter 1 (commencing with Section 1720)of Part 7 of Division 2 against
that contractor or subcontractor shall be satasfied before applying that amount to the penalty imposed on
that contractor or subcontractor pursuant to this section.
(D} The deter�ination of the Labor Commissioner as to the amount of the penalty shall be reviewable
only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be
paid to each worker by the contractor or subcontractor,and the body awarding the contract shall cause to
be inserted in the contract a stipulation that this section wil!be comptied with.
(b} If a worker employed by a subcontractor on a public works project is not paid the general preyailing
rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any
penalties under subdivision (a) unless the prime contractor had kr�owledge of that failure of the
subcontractor to pay the specified prevailing rate of wages to those workers or uniess the prime contractor
fails to comply with all of the following requirements:
{1}The con#ract executed between the contractor and the subcontractor for the performance of work on
the public works project shall include a copy of the provisions of Sections 1771, 1775, 3776, 1777.5,
1813,and 1815.
(2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by
the subcontractor to the employees, by periodic review of the certified payroll records of the
subcontractar.
(3) Upon becoming awaze of the failure of the subcontractor to pay his or her workers the specified
prevailing rate of wages,the contractar shall diligentty take corrective acrion to halt or rectify the failure,
inciuding, but not limited to, retaining sufficient funds due the subcontractor for work performed on the
public works project.
(4} Prior to making final payment to the subcontractor for work performed on the public works project,
the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on
the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project
within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the
failure of a subcontractor on that public works project to pay workers the general prevailing rate of per
diem wages.
California l.abor Code Section 1776. Pa�roll records; retention; inspection; aoncompliance
penalties; rules and re�nlations
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address,
social security number, work classification,straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman,apprentice,worker,or other employee employed
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by him or her in connecdon with thc public work. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury,stating both of the following:
(1)The information contaiaed in the payroll record is true and conect.
(2) The emplayer has complied with the requirements of Sections 1771, 18I l, and 1815 for any work
performed by his or her emplayees on the puhlic works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for
inspection at all reasonable hours aE the principal offce of the contractor on the following basis:
(1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to
the employee or his or her authorized representative on request.
(2} A certified copy of all payroll records enumerated in subdivision (a) shall be made available for
inspection or furnished upan request to a representative of the body awarding the contract,the Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department af
Industria! Relations.
(3) A certified copy of all psyroll records enumeraxed in subdivision (a) shall be made available upon
request by the public for inspection or for copies thereof. However,a request by the public shall be made
through either the body awarding the contract,the Division of Appreaticeship Standards, ar the Division
of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to
paragraph (2}, the requesting pazty shali, prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through which the request was made. The
public may not be given access to the records at the principal of�ce of the contractor.
(c) The certified payroll records shall be on forms provided by the Division af Labor Standards
Enforcement or shall contain the same ittiformation as the forms provided by the division.
{d) A contractor or subcontractor sha11 file a certified copy of the records enumerated in subdivision (a)
with the entity that requested the records within 10 days after receipt of a written reguest.
(e}Any copy of records made available for inspection as copies and furnished upun request to the public
or any public agency by the awarding body, the Division of Apprenticeship Standazds, or the Division of
Labor Standards Enforcement shall be mazked or obliterated to prevent disclosure of an individual's
name, address, and socia! security number. The name and address of the contractor awarded the contract
or the subcontractor performing t6e contract shall not be marked or obliterated.Any copy of records made
available for inspection by, or furnished to, a joint labor-management committee established pursuant to
the federa! Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall� be marked or
obliterated only to prevent disclosure of an individual's name and social security number. A joint labor
management committee may maintain an action in a court of competent jurisdiction against an employer
who fails to compIy with Section i 774. The couri may award restiturion to an employee for unpaid wages
and may award the joint labor management committee reasonable attorney's fees and costs incurred in
maintaining the action. An action under this subdivision may not be based on the employer's
misclassification of the craft of a worker on its certified payroll records.Nothing in this subdivision limits
any other availabte remedies for a violation of this chapter.
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(fl The contractor shall inform the body awarding the contract of the location of the records enumerated
under subdivision(a}, including the street address,city, and county,and shall, within five working days,
provide a notice of a change of location and address.
(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written
notice requesring the records enumerated in subdivision (a). In the event that the contractar or
subcontractor fails to comply within the 10-day period,he or she shatl,as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars {$25} for each
calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request
of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these
penalties shalt be withheld from progress payments then due. A contractor is not subject to a penalty
assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(h}The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i) The director shall adopt rules consistent with the California Public Recards Act (Chapter 3.5
{commencing with Section 6250) of Division 7 of Tit1e 1 of the Government Code}and the Information
Practices Act of 19T7 (Title 1.8 (commencing with Sectian 1798) of Part 4 of Division 3 of the Civi!
Code}governing the release of these recards,including the estabiishment of reasonable fees to be charged
for reproducing copies of records required by this section.
California Labor Code Section 1777.5. Emnlovment of re�istered anQrentices; waQes; standards:
number;anurenticeable craft or trade;exemntions;contributions
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public
works.
(b)Every apprentice employed upon public worics shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the
craft or trade to which he or she is registered.
(c) Only apprentices,as defined in Section 3077, who are in training under apprenticeship standards that
have been approved by the Chief of the Division of Apprenticeship Standazds and who are parties to
written apprentice agreements under Chapter 4 (commencing with Section 3070} of Division 3 are
eligible to be employed at the apprentice wage rate on public works. The employment and training of
each apprentice shall be in aocordance with either of the following:
(1}The apprenticeship standards and apprentice agreements under which he or she is training.
(2)The rules and regulations of the California Apprenticeship Council.
{d} When the contractor to whom the contract is awazded by the state or any po[itical subdivision, in
performing any of the work under the contract, employs wvrkers in any apprenticeable craft or tcade,the
contractor shall employ apprentices in at least the ratio set forth in this sectian and may apply to any
apprenticeship program in the craft or hade that can provide apprentices tfl the site of the public work for
a certifcate approving the contractor under the apprenticeship standards for the employment and training
of apprentices in the area or industry affected. However, the decision of the apptenticeship program to
approve or deny a certificate shatl be subject to review by the Administrator of Apprenticeship. The
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apprenticeship program or programs, upon approving the contractor, shatl arrange for the dispatch of
apprentices to the contractor. A contractor covered by an apprenticeship program's standards shalt not be
required to submit any additional application in order to include additional public works contracts under
that program. "Apprenticeable craft or trade,"as used in this section,means a craft or trade determined as
an apprenticeable occupation in accordance with rules and regulations prescribed by the Califomia
Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a
contractor who performs any public works not excluded by subdivisian(o).
(e} Prior to commencing work on a contract for public works, every contractor shall submit cantract
award information to an applicable apprenticeship program that can supply apprentices to the site of the
public work. The information submitted shall include an estimate of journeyman hours to be performed
under the contract, the number of apprentices proposed to be empioyed, and the approximate dates the
apprentices would be employed. A copy of this information shall also be submitted to the awarding body
if requested by the awarding body. Within 60 days after canctuding work on the contract,each contractor
and subcantractor shall submit to the awarding body, if requested, and to the apprenticeship program a
verifted statement of the journeyman and apprentice hours petformed on the contract. The information
under this subdivision shall be public. The apprenticeship programs shall retain this information for 12
months.
(�The apprenticeship program that can supply apprentices to the area of the site of the pubiic work shall
ensure equal employment and affirmative action in apprenticeship for women and minorities.
(�The ratia of work performed by apprentices to journeymen employed in a particular craft or trade on
the pub2ic work may be no higher than the ratia stipttlated in the apprenticeship standards ander which the
apprenticeship program operates where the contractor agrees to be bound by tltose standards, but,except
as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work
for every five hours of journeyman work. ° �
(h)This ratio of apprenticc work to journeyman work shall apply during any day or portion of a day when
any journeyman is employed at the jobsite and shaIl be computed on the basis of the haurs worked during
the day by journeymen so employed. Any work perfarmed by a journeyman in excess of eight hours per
day or 40 haurs per week shall not be used to calculate the ratio. The contractor shall ernploy apprentices
for the number of hours computed as above before the end of the contract or, in the case of a
subcontractor, before the end of the subcontract. However,the contractor shall endeavor,to the greatest
extent possible,to employ apprentices during the same rime period that the journeymen in the same craft
or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particutar
craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an
apprenticeship program, rr�ay ordcr a minimum ratio of not less than one apprentice for each five
journeymen in a craft or trade classification.
(i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's
standards upon the issuance of the approval certificate, or that has been previously approved for an
apprectticeship program in the craft or trade, shall employ the number of apprentices or the ratio of
apprentices to journeymen stipulated in the applicable apprenticeship standazds, but in no event less than
the l-to-5 ratio required by subdivision(g).
(j)Upon proper showing by a contractor that he or she employs apprentices in a particulaz craft or trade in
the state on atl of his or her contracts on an annua! average of not less than one hour of apprentice work
for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship
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Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio,as set forth in this
section for that craft or trade.
(k} An apprenticeship program has the discretion to grant to a participating contractor or contractor
associateon a certificate, which shall be subject to the approval of the Administrator of Apprenticeship,
exempting the contcactor from the 1-to-5 ratio set forth in this section when it finds that any one of the
foilowing canditions is met:
(l) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2)The number of apptentices in training in the area exceeds a ratio of 1 to 5.
{3) There is a showing that the apprenticeable craft or trade is replacing at lea�t one-thirtieth of its
journeymen annually through apprenticeship training,either on a statewide basis or on a local basis.
(4) Assignment of an apprentice to any work performed under a public works contract wou3d create a
condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the
public at large,or the specific task to which the apprentice is to be assigned is of a natvre that training
cannot be providec!by a journeyman.
(1) When an exemption is granted gursuant to subdivision {k) to an organization that represents
contractors in a specific trade from the 1-ta5 ratio oa a local or statewide basis, the member contractors
shafl not be required to submit individual applications for approval to local joint apprenticeship
cornmittees, if they are already covered by the local apprenticeship standards.
{m}(i) A contractor to whom a contract is awarded, who, in performing any of the work under the
contract, employs journeymen or apprentices in any apprenticeable craft or trade shali contribute to the
California Apprenticeship Council the same amount that the directar determines is the prevailing amount
of apprenticeship training cantrihutions in the area of the public works site. A contractor may take as a
credit for payments to the council any amounts paid by the contractor ta an approved apprenticeship
pragram that can supply apprentices to the site of the public works project. The contractor may add the
amoant of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002-U3 fiscal year and each fiscal yeaz thereafter, the California
Apprenticeship Council shall distribute training contributions received by the council ander this
subdivision, less the expenses of the Division of Apprenticeship Standards for administering this
subdivision, by making grants to approved apprenticeship programs for the purpose of training
apprentices. The funds shall be distributed as follows:
(A) If there is an approved muliiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the councit, a grant to that program
shalI be made.
(B) If there are two or more approved multiemployer apprenticeship progams serving the same craft or
trade and geographic arca for which the training contributions were made to the council,the grant shall be
divided among those programs based on the number of apprentices registered in each program.
(C}All training contribettions not distributed under sabparagraphs(A}and(B)shall be used to defray the
future expenses of the Division of Apprenticeship Standattds.
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(3) Atl training cantributions received pursuant to this subdivision shall be deposited in the
Apprenriceship Training Contribution Fund, which is hereby created in the State Treasury.
Notwithstanding Section 13340 of the Government Code, all money in the Apprenticest�ip Training
Contribution Fund is hereby continuousiy appropriated for the purpose of carrying out this subdivision
and to pay the expenses of the Division of Apprenticeship Standards.
(n)The body awarding the contract shall cause to be inserted in the contract stipulatians to effectuate this
section. Tl�e stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
(o) This section does not apply to contraets of general contractors or to contracts of specialty contractors
not bidding for work through a general or prime contractor when the contracts of general contractors or
those specialty contractors involve less than thirty thousand dollars($30,OU0).
(p)All decisions of an apprenticeship program under this secrion are subject to Section 3081.
California Labor Code Section 1$13. Forfeiture for vio{ations; contract stiuulation; reuort of
violations
The contractor or subcontractor sball,as a penalty to the state or politicat sabdivision on whose behalf the
contract is made or awarded,forfeit twenty-five dollars($25}for each worker employed in the execution
of the contract by the respecrive contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any vne calendar day and 40 hours in any
one calendar week in violation of the pravisions of this article. In awarding any contract for public work,
the awarding body shall cause to be inserted in the contract a stipulation to this effect.The awarding body
shall take cognizance of all violations of this article committed in the course of the execution of the
contract, and shall report them to the Division of Labor Standards Enforcement.
Cali�ornia Labor Code Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814,inclusive,of this code,and notwithstanding any
stipulation insertecf in any contract pursuant to the requirements of said sections, work performed by
emptoyees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be
permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 1 1/2 times the basic rate of pay.
��°�� A�ENDA ITEM
;= :*
�o � �� Date: November 22, 2(}U5
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ReviewedNe By:
TO: Honoxable Mayor and
Members of the City Co '1 City Manager:
THRU: Joht�W. Sibley, �.� Finance Directo
Citp Manager � '� To Be Preseated
FROM: Gary Wann, ,�? ��' Gary Wsnn �
Commututy S 'ccs Director
1. SUBJECT
Contract Agreement between the City of Orange and West Coast Arborists, Inc., for the
provision of tree services at City parks and Landscape Assessment Districts.
2. SUMMARY
Approval of the Contract Agreement between the City and West Coast Arborists, Inc. will cleazly
establish the continuing relationship between the City and West Coast Arborists to provide a tree
program that will service the City's pazks and Assessment Districts.
3. RECOMMENDATION
It is recommended that the City Council take the following action:
1. Approve the Contract Agreement; and,
2. Authorize the Mayor to execute, and the City Clerk to attest, the City Pazk Assessment
District Tree Maintenance Contract Agreement on behalf of the City.
4. FISCAL IMPACT �
Sufficient funds exist in the FY OS-06 budget in the following accounts:
100-7022-4243Q1 (Landscape Maintenance) $ 18,212
100-7022-4Z7100(Contractual Services) $ 31,490
290-7Q25-4271Q0(Contractual Services) $ 3,600
291-7026-427100(Contractual Services) $ 55,648
293-7024-427100(Contractual Services) 2 800
Total: $111,�50
Funds for subsequent years will need to be appropriated during the budget process.
ITEM 3•/� �1/22/05
�Printed on Recycled Paper
5. AUTHORIZATION/GUIDELINES
The City Council is required to approve contract agreements greater than$30,000 per fiscal year
pursuant to Section 3.08.400—3.08.440 of the Ora,nge Municipal Code.
6. DISCUSSION and BACKGROUND
The City of Orange entered into an agreement with West Coast Arborists on Octaber 7, 1993 for
tree maintenance services thraughout specified portions of the city. The agreement was amended
in 1996 to extend the cflntract for ten years. City Counci� then approved a second arnendment
extending the expiration to December 31, 2015. Aithough the agreement pmvides service for a
majority of the City's tree inventory, it excIudes the City's Park and Assessment District hee
inventory.
In the past, West Coast Arborist has maintained the City's Park and Assessmen# District tree
inventory according to the hourly terms of the City's existing agreement. In an effort to
formalize this practice and receive the per tree rate, in addition to the hourly rate, West Coast
Arborist has agreed to honor the same rate structure consistent with the existing City tree
agreement for the City's Pazk and Assessment District tree inventory.
Over the last decade, West Coast Arborist has esta.blished a reputation as a competent, capable,
cost-effective, safe and conscientious contractor. In fact, Public Works Deparmient has received
numerous compliments from our residents on the quality of their work. Subject to State La.w,
West Coast will cantinue to pay their employees prevailing wages and nat request any Consumer
Price Index(CPn increases throughout the term of the agreement. The attached agreement has an
expiration date of June 30, 2015.
With the anticipated increased level of tree trirnming needed at City pazks, a stable rate of$39
_ per tree is essentiai to ensure an efficient, economical service and maintain our current four-year
trim cycie.
7. ATTAC'��VIVIENTS
• Contract Agreement betwsen the City and West Coast Arborists, Inc.
'`I�Prinud on Recycled Paper
�
" AGR NO.4790.11
ELEVENTH CONTRACT AMENDMENT
[Tree Trimming Services]
THIS ELEVENTH AMENDMENT TO CONTRACT (herein referred to as the
"Eleventh Amendment to Contract") is made and entered into as of ,
2015 (herein referred to as the "Effective Date") by and between the CITY OF ORANGE, a
municipal corporation ("City"), and WEST COAST ARBORISTS, INC., a California
corporation (the "Contractor"), with its principal office for purposes of this Contract at 2200 East
Via Burton Street, Anaheim, CA 92806, with reference to the following:
A. The City and Contractor entered into that certain Contract Agreement No. 4790
dated as of July 1, 2005 (the "Contract"), which was subsequently amended by the following
amendments, which are herein referred to collectively as the "Previous Amendments": (i) that
certain First Amendment to Contract dated as of July 1, 2006 (ii) that certain Second
Amendment to Contract dated as of September 17, 2007 (iii) that certain Third Amendment to
Contract dated as of July 1, 2008 (iv)that certain Fourth Amendment to Contract dated as of July
1, 2009, (v) that certain Fifth Amendment to Contract dated as of September 30, 2010, (vi) that
certain Sixth Amendment to Contract dated as of July 18, 2011, (vii) that certain Seventh
Amendment to Contract dated July 9, 2012, (viii) that certain Eighth Amendment to Contract
dated February 22, 2013, (ix)that certain Ninth Amendment to Contract dated July 24, 2013, and
(x) that certain Tenth Amendment to Contract dated July 14, 2014. The Contract and the
Previous Amendments are on file in the office of the City Clerk and are incorporated herein by
this reference.
B. Pursuant to the terms and provisions of the Contract, the City and Contractor
desire to extend the term of the Contract through the calendar year 2015, to establish the not-to-
exceed compensation amount for the remainder of calendar year 2015, and to amend, modify,
and supplement certain portions of the Contract.
NOW, THEREFORE, in consideration of mutual promises, covenants, and conditions
hereinafter set forth, the parties agree as follows:
1. Cross References. The City and Contractor hereby agree that all references in
the Contract or this Eleventh Amendment to Contract are deemed and construed to refer to the
Contract, as implemented and amended by the Previous Amendments and this Eleventh
Amendment.
2. Amended Compensation for Ninth Extension Term. The amount of total
compensation as set forth in Article III of the Contract for the Ninth Extension Term, terminating
June 30, 2015, is hereby amended to not exceed the sum of One Hundred Eighty One Thousand
Dollars and 00/100 ($181,000.00), which reflects an increase of Thirty Thousand Dollars and
00/100 ($30,000.00), to provide for costs related to unforeseen tree trimming and removal due to
high wind events.
_+
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3. Final Extension Term. The final extension term for this Amendment shall
commence on July 1, 2015 and terminate at the close of business on December 31, 2015 ("Final
Extension Term").
4. Compensation for Final Extension Term. The ainount of total compensation as
set forth in Article III of the Original Contract, during this Final Extension Term, is hereby
amended to not exceed the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00).
5. Inte�ration. This Eleventh Amendment to Contract, the contracts specifically
referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions
mentioned herein or incidental hereto, and supersede all negotiations with respect to the subject
matter hereo£ This Eleventh Amendment to Contract amends, as set forth herein, the Contract
and, except as specifically amended hereby, the Contract shall remain in full force and effect. To
the extent that there is any conflict or inconsistency between the terms and provisions of this
Eleventh Amendment and the terms and provisions of the Contract, the terms and provisions of
this Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank;signatures on next pageJ
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the date and year first above written.
"CITY"
CITY OF ORANGE, a municipal corporation
By:
Teresa E. Smith, Mayor
APPROVED AS TO FORM: ATTEST:
Gary A. Sheatz Mary E. Murphy, City Clerk
Senior Assistant City Attorney
"CONTRACTOR"
WEST COAST ARBORISTS, 1NC.,
a California corporation
�Note: Signature of Chairman of the By:
Board,President or Vice President is Printed Name:
requiredJ Title:
[Note: Signature of Secretary,Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also requiredJ Title:
3
CITY COUNCIL MINUTES MARCH 10, 2015
3. CONSENT CALENDAR(Continued)
3.7 Eleventh Amendment to an Agreement with West Coast Arborists, Inc. (WCA) to
increase the total not-to-exceed amount by $30,000 for FY 2014-2015, extend the
term of the Agreement through December 2015, and add an additional $100,000 to
the contract amount for the six month period of July — December 2015. (A2100.0
Agr-4790.11)
ACTION: 1) Appropriated $4,000.00 from Fund 291 (Irvine — 86-2 Landscape
Maintenance) unreserved balance to 291.7026.51700.00000 (Contractual Services —
Labor & Maint); 2) Appropriated $4,000.00 from Fund 293 (94-1 Sycamore Crossing
Landscape Maint. District) unreserved balance to 293.7024.51700.00000 (Contractual
Services — Labor & Maint); and 3) Approved Amendment to Agreement and authorized
the Mayor and City Clerk to execute on behalf of the City.
3.8 Agreement with David Nguyen to connect property at 12294B Circula Panorama,
Cowan Heights, CA 92705, to City of Orange sewer. (A2100.0 Agr-6207)
ACTION: Approved the Sewer Service Agreement and authorized the Mayor and City
Clerk to execute on behalf of the City.
APPROPRIATIONS
3.9 Appropriation of funds received from Santa Ana College for Fire Department
training. (C2500.H)
ACTION: 1) Accepted into the City's revenue budget a $20,179.56 grant payment from
Rancho Santiago Community College District, into revenue account number
100.3023.48210.20174 — Santa Ana College Training; and 2) Authorized the
appropriation of $20,179.56 into expenditure account number 100.3023.51840.20174 —
Santa Ana College Training.
3.10 Appropriation of funds received from Emergency Management Performance Grant
(EMPG). (A2100.0 Agr-6208)
ACTION: 1) Approved the agreement between the City of Orange and the Orange
County Sheriff's Department Emergency Management Bureau in an amount not-to-
exceed $21,405 and authorize the City Manager to execute the agreement on behalf of the
City; 2) Accepted into the City's revenue budget a $21,405 grant from the Orange County
Sheriff's Department Emergency Management Bureau, into revenue account number
100.3021.45495.30004 (EMPG Grant 2014); and 3) Authorized the appropriation of
$21,405 into expenditure account number 100.3021.50221.30004 (EMPG Grant 2014).
PAGE 4