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HomeMy WebLinkAbout2012/10/02 Item 10CITY COUNCIL AGENDA STATEMENT ~,,,,~. clrr of CHULA VISTA 10/2/12, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE USE OF COOPERATIVE PURCHASING PROCEDURES TO AWARD A ONE YEAR CONTRACT WITH AN ADDITIONAL THREE, OPTIONAL ONE- YEAR EXTENSIONS FOR CITYWIDE TREE CARE TO WEST COAST ARBORISTS IN THE AMOUNT NOT-TO-EXCEED $150,000 PER YEAR SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTO OF PUBLI WORKS 11,~~~~~i" REVIEWED BY: CITY MANAGER /. ASSISTANT CITY ANAGER `j ~ 4/STHS VOTE: YES ^ NO SUMMARY For the past five years, West Coast Arborists have been performing contract tree service for the City of Chula Vista. The work includes pruning of palm trees and broadleaf trees, tree removals, stump grinding root pruning and emergency response services. WCA has also been providing approximately $12,000 of additional tree work for the City of Chula Vista since 2009 through an exchange of services agreement approved again for this fiscal year on 9/11/12. The agreement provides tree work as needed in the City in exchange for allowing West Coast Arborists to park vehicles at the City's Old Corp Yard. To ensure consistent, quality tree care, staff is recommending that the City Council approve a new annual contract with three, optional one year extensions with West Coast Arborists for Citywide tree care services through a cooperative agreement established in August of 2011 with the City of Burbank. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(2) of the State CEQA Guidelines because the activity consists of a governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. RECOMMENDATION Council adopt resolution. 10-1 10/2/12, Item ~Q Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Trees are one of the City's most valuable assets. Trees trap and hold pollutants, absorb carbon dioxide and produce oxygen. Trees cool neighborhoods and serve as windbreaks. Tree lined streets give residents and businesses a sense of community. The City of Chula Vista has a total tree population in excess of 27,000 city-owned trees. A comprehensive tree maintenance program is essential for insuring the health and safety of the trees. Services such as regulaz pruning, removal of dead, dying and hazardous trees, tree replacement, emergency response and computerized inventory management are critical to any effective tree maintenance program For the past five yeazs, West Coast Arborists has provided tree services to the City for a competitive price with a high level of competency, professionalism and safety. West Coast Arborists have agreed to provide the additional benefit of updating tree work performed on our existing GPS tree inventory, enabling the City to better track completed work and document tree conditions on a regular basis. Public agencies are permitted to use cooperative purchase agreements, also known as "piggybacking" with other agencies. The City of Burbank held an advertised bid process for complete tree services in July 201 I, which resulted in the awazd of a one (1) year contract with the option to extend for three (3) additional one-year one year periods. This allows the City of Chula Vista to contract for the same services at the same cost as the City of Burbank using Burbank's competitive bidding process completed in August 2011. The use of this cooperative agreement with Burbank offers both savings in time and cost over the current contract. The term remaining in the City of Burbank's contract is three years. Multi-year contracts for such services promote stability and consistency for the City and an economy for the contractor which is reflected in a lower cost to the City. The City of Burbank "piggyback" will decrease the City's cost to service trees by an estimated $15,000 annually. The following tables list the unit cost for maintenance activities agreed upon in the City of Burbank contract executed in August 2011. 10-2 10/2/12, Item ~Cl Page 3 of 4 No. Descri tion Est Ot Unit UOM Price Total Amount 1 Crown Clean/Crown Thin/Raisin 60 Each $ 70.00 $4,200.00 2 Tree Raisin 50 Each 25.00 1 250.00 3 Palm Tree Trimmin 5 Each 70.00 350.00 4 Tree Plantin a 15 al. w/root barrier 12 Each $ 95.00 $1,140.00 b 15 al. w/o root barrier 5 Each $ 80.00 $ 400.00 c 24 inch box w/root barrier 5 Each 130.00 $ 950.00 d 24 inch box w/o root barrier 5 Each 175.00 875.00 TOTAL ITEMS 1 - 4 a-d $ x,165.00 The Contractor must submit with his bid complete information concerning the equipment being used and the size of the crew normally used in his operation. TOTAL SUM BID ITEMS 1 - 4: Nine Thousand One Hundred Sixty-Five Dollars and No Cents WORDS 9;165.00 FIGURES OPTIONS A Complete Tree & Stump Removal ~ Diameter per inch $ 22.00 Per inch B Stum Removal p ~`"~~ ~ Diameter per inch $ 9 00 Per inch . C Root Pruning ~ Per Lineal Foot $ 12.00 Per LF D Crew Rental - 3 men, aerial unit, dump Per Hour $180.00 Per Hour truck and chi er/Extra L .Tree Prunin E Crew Rental - 2 men, aerial unit, dump ~ Per Hour $120.00 Per dour truck and chi er /Extra L .Tree Prunin ~ ~ F Crew Rental - 1 manlExtra Lg. Tree Pruning ,. " Per Hour $ 60.00 Per Hour Emergency Work Call Out %°~ ' G 3 men including all necessary equipment ~ Per Hour 240.00 $ Per Hour 'Disposal tee included in cost ' Zero material mark u DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT A total of $150,000 is available in the Public Works Operations' Budget for tree trimming services in Fiscal Year 2013. There was a request for an additional $150,000 in funding for FY 13 but that request has not been approved. Should funds become available, additional tree work will be addressed through this contract. There is no direct fiscal impact from approving this resolution in that funds expended for subsequent fiscal years will have been approved through the normal budget or appropriation process. Purchase orders will be issued as authorized departmental requests are received. 10-3 10/2/12, Item ~~ Page 4 of 4 ONGOING FISCAL IMPACT There is no direct ongoing fiscal impact from approving this resolution in that funds expended in subsequent fiscal years will have been approved through the normal budget appropriation process. ATTACHMENTS 1. City of Burbank Proposal for Urban Forestry Maintenance Services August 5, 2011 Prepared by.' Paul Sirois, Open Space Manager, Public Works Department H:~PUBLIC WORKS- ENG~.4GENDAACAS2012\10-02-12\WCA COOPERATNE AGREEMENT' AGENDA STATEMENTdoc 10-4 ATTI~~+FiNPENT QUOTE N0~2011-117 v DUE DATE: AUGUST 5, 2011 PAGE 1 of 10 GENERAL CONDITIONS {CONTINUED) SCOPE To provide Tree Trimming in Parks and Parkways. with-in the City limits 2. PERIOD This Contract will be for one (1} year from Purchase Orders} issuance, which will begin after all documents have been received and approved by the City. The City may desire the option of .renewing the Contract on a year by year basis for a maximum of three (3) years. This Contract may be renewed yearly pending appropriation of expenditures in the City budget and approval by City Council of the budget yearly. 3. ESTIMATED USAGE The quantities of trees serviced cannot be guaranteed. The quantities provided are estimates. The City may request an amount above or below the estimated quantities provided according to the requirements and needs of the City. There is no guarantee that these quantities will be met or they will not be exceeded. 4. PRICING A It shall be understood that the unit prices bid are firm for the initial year of the contract. B. An increase or decrease may be made to the bid item prices for subsequent extensions in the term of the contract. The bid item prices shall be adjusted only if the increase or decrease is 3% or higher. C. Price adjustments must be mutually agreed upon and incorporated into an extension agreement. D. The net increase or decrease in fhe bid item prices shalt not be greater than the ceiling amount defined in the United States Department of Labor's Bureau of Labor Statistics, Consumer Price Index (CPI), All Urban Consumers, Los Angeles-Riverside-0range County (CUURA421SA0). The data used for any adjustments will be the most current BLS information available at time of renewal notice. E. All prices shall be FOB del'ivefed within the City of Burbank. 5. ORDERING METHOD It is the intent of the City to issue one (1} purchase order with a total estimated lump sum to adequately cover the costs of services required for the specified period. 6. FORM OF BIDDER'S PROPOSAL AND SIGNATURES Vendor shall submit their bid on the form provided by the City and shall be executed by the vendor's authorized representative. Failure to use the City's form will disqualify the bidder. Response may be sent via U_5. Mail, fax, or delivered in person. E-mail transmitted bids will not be accepted. ADDRESS AND MARKING OF PROPOSAL The envelope. enclosing the proposal shall be sealed and addressed to the Purchasing Manager, Administrative Services Building., 301 East Olive Avenue, Burbank, California 91502, or P. 0. Box 6459, Burbank, California 91510. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the bidder and bear the words, "Proposal For" followed by the name of the work and the date of bid opening. 10-5 PRICE AGREEMENT NO. 1905 QUOTE N0. 2011-117 DUE DATE: AUGUST 5, 2011 PAGE 2 of 10 GENERAL CONDITIONS (CONTINUED) PREPARATION OF BIDDER'S PROPOSAL A. All blank spaces in the proposal shall be properly completed. The text of the proposal must not be changed, and no additions shall be made to the terms contained therein. B. A Bidder may withdraw a proposal, without prejudice, before the hour fixed for opening of bids, by submitting a written request to the Purchasing Manager for its withdrawal. In such event, the proposal will be returned to the Bidder unopened. No proposal may be withdrawn after the hour fixed for opening .bids without approval of the City. C. The Bidder shall state in figures the unit prices- If the unit prices and fhe extended total amouttt stated by the bidder for any items are not in agreement, then the unit price alone will be considered as representing the bidder's intention, and the base bid will be corrected to conform thereto. D. When more than one item appears in the Bidder's Proposal Sheet, Bidders may quote on any one or more item. The bidder must state "NO BID" on items not offering in the proposal. The City reserves the right to accept a bid on each separate item or on any of them offered in any proposal received, except when otherwise provided by specific limitation by the City. E. To submit an alternate proposal, the vendor must first submit a proposal as requested or the alternate may not be considered. 9. If a prospective Bidder is in doubt as to the true meaning or intent of any part of these Documents, they may submit to the Purchasing Manager a written request for an interpretation or a correction thereof. Interpretations or corrections of the Documents shall 6e made only by addendum duly issued by the Purchasing Manager, and a copy of such addendum will be issued through Planet Bids. The City is not responsible for oral interpretation or instructions, all changes wil{ be in writing. Such addendum shall be considered a part of, and incorporated in the Price. Agreement Documents. 10. FEDERAL. STATE AND LOCAL TAXES All bid prices shall include all applicable Federal, State and Local taxes. Should such taxes be increased or decreased by law after the opening of bids, the net amount of such increase or decrease shall be added to or subtracted from the total contract price, as the case may be. Bid prices shall exclude Federal transportation taxes from which the City is exempt, provided, however, if the State of California Use Tax is applicable, it shall be quoted as a separate item in the proposal, and the bidder shall state whether or not he is authorized or required to collect such Use Tax. 11. LOWEST RESPONSIBLE BIDDER In selecting the lowest responsible Bidder, consideration will be given not only to the price but. zlso those matters contained in Burbank Municipal Code 2-2-122. To receive favorzble consideration, a Bidder may be required to present evidence that the Bidder has successfully performed similar work of comparable magnitude and complexity, or submit other evidence satisfactory to the City that the Bidder is competent to manage the proposed undertaking and to carry it forward to a successful conclusion. A showing of adequate financial resources may be required, but, unless otherwise stated, it will not be used as the only factor to determine whether a Bidder is able to undertake the proposed work. 12. RESERVATIONS The City reserves the right to reject any and all bids, or any item or items of the bid, and to waive any informalities or technical defects as the interests of the City may require. ~~-6 QUOTE N0~2011 117 DUE DATE: AUGUST 5, 2011 PAGE 3 of 10 GENERAL CONDITIONS (CONTINUED) 13. ERRORS AND OMISSIONS The Contractor will not be allowed to take advantage of any error or omission in the Specifications. It shall be the Contractor's obligation, upon discovering any error or omission, to promptly call it to the attention of the Burbank Inspector or engineer (hereafter referred to as COB representative) wha shall issue written instructions regarding such error or omission. if the Contractor fails to inform the COB representative of any error or omission that was found, the work shall be corrected upon order of the COB representative at the Contactor's sole expense. 14. PERSONAL LIABILITY No member of the City Council or other officer, employee, or agent of the City, or their consultants shall be personally responsible far any liability arising under or by virtue of the Contract. 15. RENEWAL OF AGREEMENT The City desires the option. of extending this agreement on a year by year basis. If such option is exercised the terms and conditions quoted herein are to remain-firm for the extended period _~,~_ ________w rti,....~ ...... ....... F.., ....16 ~~*.,.i ~~..~~nlh. oo cnonifinrl in P~r~nronh d. PRIf It\If:: PROPOSAL SHEET. 16. TERMINATION OF AGREEMENT This agreement may be terminated at any time by the City after giving thirty (30) days written notice to the vendor. 17. EXTENSION OF CONTRACT TO OTHER LOCAL PUBLIC AGENCIES The price, terms and conditions of this bid may be extended to other governmental agencies at the mutual agreement of both the agency and the bidding contractor. All requirements of the specifications, purchase orders, invoices,. and payment with other agencies would be handled directly with successful bidder. The Gity of Burbank does not warrant any additional use of the contract by such agencies. The bidder's response as requested below will in no way affect the City of Burbank's consideration of this bid. 18. BUSINESS TAX REGISTRATfON Successful bidder and all tiered subcontractors will be required to have a valid City of Burbank Business Tax Registration. For further information please call License & Code at (818) 238-5280. 19. ASBESTOS FREE The Contractor shall verify that all materials used on the site are free of asbestos containing materials and any materials specified that do contain asbestos will be brought to the attention of the City representative for review and selection of a substitute product.. 20. PROTEST PROCEDURE (BMC Section 2-2-128) A. Upon written request by any bidder who has submitted a bid for supplies, materials, equipment and services, a notice of the proposed award shall be sent to the bidder and posted in the Purchasing Office at (east 24 hours prior to awarding .the contract or purchase order. 10-7 PRICE AGREEMENT NO.. 1905 QUOTE N0. 2011-117 DUE DATE: AUGUST 5, 201 1 PAGE 4 of 10 GENERAL CONDITIONS (CONTINUED) 20. PROTEST PROCEDURE. (BMC Section 2-2-128) (CONTINUED) B. Prior to making the award, any responsive. bidder who has submitted a bid may file a "Notice of Intent" to file a protest with the Purchasing Manager. Within three (3) working days after the filing of the notice of intent, the bidder shall file a written protest stating specific reasons for the protest. C. The Purchasing Manager shall review the request and provide the. protester with a written reply regarding the protest within three (3) working days before the final award. D. Any appeal of the Purchasing Manager's decision shall be made to the City Manager or their designee prior to the final award. The City Manager's decision shall be binding and final. E. In circumstances of urgent need and when it is in the best interest of the Gity to do so, the City Manager may dispense with the protest procedure- provided for in sub-section (d) of this section and make the award. F. Any bid protest that does not comply with the process provided for in this section shall not be reviewed. 21. SUPERVISION BY CONTRACTOR The Contractor, or their authorized representative, who shall be technically competent to superintend and direct the progress of the work, shall be in personal attendance at all times during its performance, and such representative shall be authorized to act for the Contractor in all matters relating fo the work and the Contractor shall be bound thereby. 22. SUPERVISION AND INSPECTION BY CITY A. The work shall be done in strict compliance with the approved Plans and Specifications and under the supervision and to the satisfaction of a City of Burbank COB representative as deemed necessary by the City of Burbank. The COB representative shall decide all questions which may arise as to the quality or acceptability of the vrork performed and as fo the manner or performance and rate of progress of the work, and all questions as to progress payments of compensation. B. The COB representative shall, at a{I times, have the right to inspect the work and materials in the course of manufacture, assembly ar installation and make such tests from time to time as may be deemed advisable. The Contractor shall keep the COB representative, informed as to the progress of the work and give him ample notice, in advance, cf appropriate times for inspection and tests, and shall furnish him with reasonable facilities for such inspection and tests for obtaining such information as he may desire respecting the work and the character of the materials used. C. All equipment and material purchased under this Specification may be inspected by the COB representative upon delivery, and if any equipment or material is fiound not to comply with this Specification, such equipment or material will be rejected. D. The Contractor shall furnish all facilities for inspection during manufacture, and at the construction site and shops or yards as desired,. and shall not conceal any work requiring inspection until the same has been approved by the COB representative.. If such work should be concealed before inspection, the Contractor will be required to remove such portions of the work as may be necessary to enable such inspection to be made. ~ 0_$ r(\I IvL /-~UIILLIV~~ ~ ~ ~~.J. IJl/J QUOTE NO. 2011-117 DUE DATE: AUGUST 5, 2011 PAGE 5 of 10 GENERAL CONDITIONS tCONTNNUED) 22. SUPERVISION AND INSPECTION BY CITY (CONTINUED. E. All work rejected shall be remedied, or removed and replaced by the Contracfor in a manner acceptable to the COB representative and no compensation therefore will be allowed or paid therefore to the Contractor. Any work done without valid written authority, wi(I be considered as unauthorized and will not be paid for. Such unauthorized work done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply promptly with any order of the COB representative made under the provisions of these Contract Documents, the COB representative shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed at the expense of Contractor, and to deduct the cost from any monies due or to become due the Contractor under this Contract. F. Inspection or approval of the work shall not felieve the Contractor of any obligation to fiaithfully perform and comply with the Contract, and defective work shall be made good and non-complying .materials rejected and replaced at Contractor's expense, notwithstanding that such defective. work has been previously overlooked by the COB representative and approved. G. The COB representative inspections, as provided for in this Section, shall not be fn lieu of the City Building. Official Inspection. 23. IDENTIFICATION All correspondence, drawings, shipping papers, documents and invoices pertaining to equipment described in the Specification shall be plainly marked with the number of the Specification or Purchase Order Number. All bundles, boxes, crates, containers, and pieces of equpmentshipped under the Specification shall be plainly labeled with said number. 2d. INDEMNITY The City, its offcers, employees andlpr agents shall not be answerable or accountable in any manner for any loss or damage that may occur to the work or any part thereof, or for'any of the materials or other things used or employed in performing the work or for injury or damage to any person or persons, either workmen, employees of the Contractor or its Subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of, or in connection with., the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of, or in connection with, the performance of the work, except for sole negligence or willful misconduct of City, or of its agents, servants, or independent contractors.. The Contractor will indemnify the City, its officers, employees and agents against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of the Contractor, its agents, employees, Subcontractors, or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents, or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City, its Council, agents, servants or independent Contractors who are directly responsible to the City) and in connection therewith: 10-9 PRICE AGREEMENT NO. 1 905 QUOTE N0. 2011-117 DUE DATE: AUGUST 5, 2011 PAGE 6 of 10 GENERA! CONDITIONS (CONTINUED) 24. INDEMNITY (CONTINUED) A. The Contractor will defend any action dr actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attameys' fees incurred in connection therewith. B. The Contractor will promptly pay any judgment rendered against the Contractor or the City, its offcers, employees and agents covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City, its officers, employees and agents harmless therefrom. C. In the event the City is made a part of any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with the work, operation or .activities of the Contractor hereunder, the Contractor agrees to pay to the City any and a!i costs and expenses incurred by the City in such action or proceeding together with the reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such actions or claims for damages as aforesaid. 25. INSURANCE The Contractor shall assume all liability for injuries to persons or damages to property during the performance of the Contract caused by any equipment or materials furnished or work done under the Contract or the operation thereof during the life of the contract and shall furnish and maintain Worker's Compensation Insurance, General Liability and Property Damage Insurance as herein provided, whether performance be by the Contractor, their Subcontractors, or anyone directly or indirectly employed by him, and such insurance shall be obtained from an insurance company authorized to do business in the State of California or at least an A- rating and found to be acceptable to the City of Burbank. Said insurance shall provide that it will not be modified, canceled or terminated until at least thirty (30} days' prior written notice thereof has been filed with the Purchasing Division. Before delivering any equipment, materials, or the performance of any work by the Contractor, Subcontractors or any agent, servant, emptoyee or representative of any of them, at the jobsite under the Contract, the Contractor must file with the Purchasing Division a policy or an acceptable Certificate of Insurance subject to approval of the City Attorney, indicating the requisite is in full force and effect. A. Worker's Compensation Insurance.. 1) The Contractor shall furnish satisfactory evidence that he has secured in the manner required by law the payment of Worker's Compensation provided for in the California Labor Code and all amendments thereto and shall maintain such insurance during the life of this Contract. The policy shall be endorsed to waive all rights of recovery against the City, members of the City Council, and officers, employees and agents of the City. The Contractor shall require each and every Subcontractor to secure similar Workers Compensation Insurance unless already covered by the Contractor. 10-10 YI'SILC HUI"SCCtVi CIV i 1vv. IyVO QUOTE NO. 2011-117 DUE DATE: AUGUST 5, 2011 PAGE 7 of 10 GENERAL CONDITIONS (CONTINUED) 25. INSURANCE (CONTINUED) 2} if the Contractor is a sole proprietor, the Contractor must furnish a letter stating that he is a sole proprietor and is not required to carry Worker's Compensation Insurance. B. General Liability and Property Damage. During the life of this Contract, the Contractor shall secure, pay for and maintain General Liability and Property Damage Insurance protecting the Contractor and any subcontractors from any and all claims and actions for damage, for personal injury, including accidental death and for property damage which may directly or indirectly arise from, grow out of, or be attributable to, their operations or performance under this Contract, whether such operations by the Contractor or by a Subcontractor, or by any person directly or indirectly employed by either or any of them, and said insurance shall indemnify and save harmless the City, its officers, employees, agents and representatives from all actions, causes of action, claims, debts or demands of any and every kind or nature whatsoever, by reason of, growing of, out of, or attributable to the work to be performed under said Contract, and the amount of such insurance shall be in an amount of not less than One Million Dollars ($1,000,000} combined single limit for injuries, including accidental death and property damage on account of any one occurrence. The policy shall provide for coverage of all claims occurring during the term of the policy notwithstanding the fact that the claim may be asserted subsequent to the expiration of the policy. The following ENDORSEMENTS are required to be placed on a Separate Endorsement to the policy furnished: 1 j The City of Burbank, 275 East Olive Avenue, Burbank, CA 91502, its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured.. 2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurahce as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried 6y or for the benefit of the additional insureds. 3} This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4} With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Burbank, Purchasing Division, 301 E. Olive Ave., Burbank, CA 91502. 10-11 PRICE AGREEMENT N0, 1905 QUOTE N0. 201 1-17 7 DUE DATE: AUGUST 5, 2011 PAGE 8 of 10 GENERAL CONDITIONS (CONTINUED) 25. INSURANCE (CONTINUED) If the vendor's insurance company will not use the City's Separate Endorsement Form it may submit standard endorsement forms for review and approval by the Burbank City Attorney's Office. The City requires coverage for both "ongoing operations" and "products-completed operations hazard." In order to satisfy the requirement, the vendor's insurance company shall submit both a CD 20 10 and CG 20 37 endorsement or similar forms acceptable to the City Attorney's Office. C. Automobile Insurance. Automobile Liability Insurance in an amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injuries and property damage, including all owned, hired and non-owned vehicles. D. Damage and Theft. The Contractor may insure the equipment, materials and work to cover Contractor's interest in the same from time to time, as required- The City will not, under any circumstances, be liable, answerable or accountable for any theft, loss or damage, however and by whatever cause, to said equipment, materials and work, or any part or parts thereof, used or employed in fu31y completing the Contract, until after the contract is completed and formal acceptance of the work by the City. E. Blanket Insurance Policies. Blanket insurance policies complying with the above requirements carried by the Contractor, or acceptable and approved certificates thereof, may be substituted for specific policies upon approval by the City Attorney. 26. SAFETY PRACTICES A. The Contractor shall provide such lights, guards, temporary fences, barricades and the like, as may be necessary to prevent damage to the work or injury to persons or property, and he shaft also provide protection for adjoining property during the progress and until completion of the Work. The Contractor shall abide by all applicable Safety Orders of the Division of Industrial Safety, State of California, and ordinances of the City, and shall schedule and perform their work to avoid any danger or hazard to other contractors or workmen on the project, or their own men due to work being performed by others. Weekly safety meetings with the Contractor's representatives, City representatives, and the State Industrial Safety Officer, shall be held if, in the opinion of the Officer conditions on the project warrant such meetings. C. Before the Notice to Proceed, the Contractor shall supply the City with Material Safety Data Sheets (MSDS) for all chemicals to be used in the performance of this Contract. The City will make available to the Contractor the MSDS of any products in use in the areas of work. covered by this Contract. All hazardous materials to be properly disposed of off-site. 10-12 PRICE AGREEMENT NO. 1905 QUOTE NO. 2011-117 DUE DATE: AUGUST 5, 2011 PAGE 9 of 10 GENERAL CONDITIONS (CONTINUED) 26 SAFETY PRACTICESICONT(NUED1 D. The Contractor is fully responsible for the safe performance of all work for which they are contractually committed, whether performed by themselves or by their Subcontractors. The Contractor must provide adequate protection for the health and safety of City employees, the general public and their own personnel. The Contractor must have in place their own Injury and Illness Prevention Program as required by Labor Code § 64017 and Title 8 § 1509 and § 3203 of the California Code of Regulations and shall submit same to the City Safety Officer for review. California law also requires that the aforementioned program cover all employees and personnel controlled, directed or supervised by the Contractor to the extent that they are exposed to worksite and job assignment specific hazards. The program shall be written and shall include but not be limited to the following elements: 1. Identification of the person or persons responsible for implementing the Contractor's safety program. List name of the Contractor's on-site Safety Representative. 2. The Contractor's system for identifying and evaluating workplace hazards including scheduled periodic inspections to identify unsafe conditions and work practices. 3. The Contractor's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner. The Contractor shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. 4. The Contractors occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment. 5. The Contractor's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage .employees to inform the Contractor of hazards at the worksite without fear of reprisal. 6. The Contractor's system for ensuring that employees comply with safe and healthywork practices, which may include disciplinary action. 7. The Contractor shall keep appropriate records of steps taken to implement and maintain the .program such as inspection and training documentation. Contract shall include inspection checklist and training documentation form. 10-13 PRICE AGP,EEMENT N0. 1905 QUOTE N0. 2Q11-117 DUE DATE: AUGUST 5, 2011 PAGE 10 of 10 GENERAL CONDITIONS (CONTINUED) 26. SAFETY PRACTICES{CONTINUED) The Contractor shall inctude procedures to investigate occupational injury or occupational illness. For Construction. projects the Contractor shall adopt a written code of safe practices which relates to the employers operations. Tailgate meetings shall be held at least every ten(10) working days with employees/crews. 27. MISCELLANEOUS A. Interference. The Contractor shall employ, insofar as possible, such methods and means in the performance of the work as will cause the minimum of interruption to pubi'ic utilities, or interference with the work of the City or any other Contractor, or the activities of others whose property may be used by the Contractor. B. Clean Premises. The Contractor shall leave all glass, plumbing fixtures, equipment, tile, paint and premises in clean, perfect and undamaged condition; all buildings, structures, and pavements used by Contractor shall be left broom clean and all debris shall be removed and disposed of by Contractor, and all Contractor's tools and equipment shall be removed from the premises; before acceptance of the work by the City. C. Sanitary Facilities. The Contractor shalt provide adequate sanitary facilities for all construction personnel at the job site in a location approved by COB representative, and maintain the- same in a clean and sanitary condition and also provide for the removal and disposal of ail garbage, excrement and waste matter from said premises to the satisfaction of COB representative. D. Telephone. If the Contractor requires a telephone, he shall make ail necessary arrangements and pay therefore; it shall be maintained in some convenient location as directed by the COB representative until work is completed. E. Acceptance Not a Waiver. The approval or acceptance by the City, City Manager or COB representative of the whole or any part of the equipment, materials, work, any payment, any extension of time, or any possession or title taken by the City prior to final acceptance of the total completion of the work, shall not operate as a waiver of any provision or portion of this Contract, or of any rights or damages herein provided; nor shall any waiver of any breach of this contract be held to be a waiver of any other or subsequent breach. F. Severability. If any part, term, or provision of the Contract Documents shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or Iota! government having jurisdiction over the Contract Documents, the validity of the remaining portions or provisions shall not be affected by such holding. G. Governino Law. The terms of the Contract Documents shall be interpreted according to the laws of the State of California.. Should litigation occur, the venue shall be in the Superior Court of Los Angeles County. 10-14 BIDDER'S PROPOSAL TREE TRIMMING IN PARKS AND PARKWAY TREES Price Agreement No. 1905 Quotation Request No. 2011-117 Proposals received until 4:00 PM, Friday, August 5, 2011. T0: Purchasing Manager or mail to: Purchasing Manager City of Burbank City of Burbank 301 E. Olive Ave. P. O. Box 6459 Burbank, CA 91502 Burbank, CA 91510 The undersigned Bidder declares that he has read and fully understands each and every Contract Document referred to herein and agrees to all of the terms, conditions, and provisions contained herein; and agrees that if his bid as submitted in this Proposal be accepted, he will contract in the form provided to perform all of the work and in the manner required by the above Contract Documents and to complefe the same within the times stipulated; that he will accept in full payment therefor the prices named herein. Said prices are to include and cover the furnishing of all materials, the performing of all labor-requisite or proper, and the providing of all necessary machinery, tools, appurtenances, equipment and other means of construction, except as otherwise specifically provided in the Quotation. Bidder agrees that his Proposal shall remain open and not be withdrawn far a period of not less than ninety (90) days from the date of submittal. CONTRACTOR'S LICENSE CLASSIFICATION - In accordance with the provisions of California Public Contract Code Section 3300, the OWNER has determined that the CONTRACTOR shall possess a valid class. "C-27 Landscaping" and °C-61 Limited Specialty/D49 Tree Service" license at the time that the Contractor submits bid, and throughout the contract. Failure to possess the specified license shall render the Bid non- responsive and shall act as a bar to award of the Contract to any Bidder not possessing said license at the time of bid. Both licenses must be in good standing for the previous 7 consecutive years without any official unresolved record of complaints registered or filed with the board of California Department of Consumer Affairs. P - 1(a} 10-15 BIDDER'S PROPOSAL TREE TRIMMING IN PARKS AND PARKWAY TREES Price Agreement No. 1905 Quotation Request No. 2011-117 The undersigned bidder acknowledges that he has satisfied himself of the existing conditions and difficulties to be encountered in performance of the work, and hereby agrees to furnish all labor, supervision, materials., tools, and equipment to complete all work in conjunction with the attached Request for Quotation. All work shall be done in accordance with the Contract Documents for the respective unit prices set forth below. The. City will evaluate proposal using the current project request: 1) The number of trees to crown cleaned and/or crown thinned shall not be less than 60. 2) A(I trees shall be pruned (cleaned or thinned) in accordance with current International Society of Arboricultural Standards -Standards for Pruning Shade Trees, National Arborist Association, Pruning Landscape Trees and or current ANSI A-300 standards. 3) All trees will be pruned for street sweeper clearance minimum 15 feet at curbside and mature trees will be raised to a level of 15 feet where possible. Trees shall be reshaped as needed to keep a symmetrical appearance. 4) The property owner side will be raised to a level of 15 feet on mature trees and all buildings, awnings etc. will have a minimum of 5 feet clearance. Trees shall be reshaped as required to keep a symmetrical appearance. 5) All debris must be cleaned up and disposed of at the Contractor's expense by the end of the workday, unless otherwise approved by inspector. 6) Traffic control, the Contractor must follow the current edition of the Manual an Unified Traffic Control Devices. 7) Contractor shall be required to supply the necessary equipment to provide adequate traffic control measures during tree trimming operations. This shall include but not be limited to high visibility arrow boards where appropriate. The City must approve all traffic control measures prior to use.. 8) The Contractor is responsible for all protection of private property and damage must be repaired within 48 hours. 9) AI! complaints regarding quality of work, employees, traffic etc. must be resolved within 48 hours by the Contractor. 10) Work shall be performed between 7 am and 4 pm Monday thru Thursday and 7 am to 3 pm on Fridays. Weekend work will be allowed, with City's permission, only if the Contractor pays the overtime rate for the designated inspector 11) Prior to the start of the contract the City will designate 3 trees of various sizes to be pruned by the Contractor to establish an acceptable completed product. 12) Buring the course of the project the City will have the right to have the Contractor return to specific trees if they are not to a satisfactory level. This includes poor workmanship or non-compliance with the specifications. The City may require the changes be made in the trimming method or that the trimming operations be halted until compliance with the specifications are assured or untii qualified tree trimming personnel are assigned. This will be at no additional cost to the City. If a dispute arises between the City and its Contractor regarding quality of work all work will stop until resolution is reached between the 2 parties. This will be at no cost to the Cifij. 13) If any tree is damaged or destroyed by the Contractor the City will be entitled to the value of the tree (guide for plant appraisal 9`" edition) based upon the most current inspection within the computerized tree inventory maintained by the City of Burbank. 14) The Contractor shall notify the City of any immediate hazards pertaining to trees within .the workday they were discovered. 15) The Contractor shall have a daily meeting with the inspector to resolve any issues. 16) The Contractor shall provide a daily count of all trees pruned and a weekly total. 17) The Contractor shall have a certified Arborist on site at all times. P-i~b~is BIDDER'S PROPOSAL TREE TRLMMING IN PARKS AND PARKWAY TREES Price Agreement No. 1905 Quotation Request No. 2011-117 18} At all times during contracted tree maintenance activities, the firm shall have work crews on site that are represented by an English speaking supervisor who can receive and carry out instructions given by proper authorities. 19) The Contractor must find a location to park vehicles at the end of each workday as parking on the City streets will not be permitted. 20) The contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The competency of contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around electrical Tines shall be trained to do so in accordance the "Electrical Safety Orders" of the State of California. 21} At all times the contractor shall follow the recommendations of the most current edition of the ANSI Z-133.1 Standards of Safety Requirements for Arboricultural Operations. 22) Bid proposals shall include a list.of at least three (3) similar and separate Southern California municipal multi-year tree maintenance contracts which have been successfully completed within the last seven (7) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with bid submission). 23) The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the Community Forest. 24) Bid proposals shall include OSHA certification of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of this project. Both of these provisions shall be provided with the submission of bid proposals. 10-1(c) BIDDER'S PROPOSAL TP,.c~E TRIMMING IN PARKS AND PARKWAY TREES Price Agreement No. 1905 Quotation Request No. 2011-117 The Contractor agrees to do trimming and removing at the actual necessary cost of such work plus a r2asonable percenfage thereof for overhead, supervision and profit as indicated on the tabulation below. Said actual necessary costs shall include all expenditures for materials and supplies furnished by the Contractor, and Labor. Unit Prices quoted shall include direct labor cost; pay for holidays and vacation; employee benefits; payroll taxes; insurance, including Worker's Compensation, life and liability insurance; provisions for office expense, supervision, clerical expenses, equipment expenses, hand tools, brush disposal, and profit. Proposals will be evaluated on the scope of services described on Bidder's Proposal Page P-1{b). All prices below will be judged on the Service and Removal of Debris from 60 Parkway Trees. No. Descri tion Est Qt UOM Unit Price Total Amount 1 Crown Clean/Crown Thin/Raisin 60 Each $ 70.00 $4,200.00 2 Tree Raisin 50 Each 25.00 1 2 0 00 3 4 Palm Tree Trimmin Tree Plantin _ 5 ~ Each $ 70.00 $ 350.00 ~ a 15 al. w/root barrier 12 Each $ 95.00 $1,140.00 b 15 al. w/o root barrier 5 Each $ 8D.00 $ 400.00 c 24 inch box w/root barrier 5 Each 190.40 950.00 d 24 inch box w/o root barrier 5 Each 175.00 875.00 TOTAL ITEMS 1 - 4 a-d $x,165.00 The Contractor must submit with his bid complete information concerning the eauipment being used and the size of the crew normally used in his operation. TOTAL SUM BID ITEMS 1 - 4: Nine Thousand One Hundred Sixty-Five Dollars and No Cents W(~RnS 9,165.00 FIGURES OPTIONS A Gomplete Tree & Stump Removal "~~ Diameter per inch $ 22.00 Per men t ~, B Stump Removal ~ k. s y Diameter per inch $ 9.00 Per Incn C Root Pruning ~ ~~, Per Lineal Foot $ 12.00 Per LF D Crew Rental - 3 men, aerial unit, dump ~µ Per Hour $180.00 Per Hour truck and chi er/Extra L .Tree Prunin e Crew Rental - 2 men, aerial unit, dump ~ l~`-- `w' Per Hour 00 Per Hour $120 E truck and chi er/Extra L .Tree Prunin x'5: , F Crew Rental - 1 man /Extra Lg. Tree Pruning <~' Per Hour $ 60.00 Per Hour r..~s Emergency Work Call Out 3 men including all necessary equipment ~~,, Per Hour $240.00 Per Hour G * Disposal fee included in cost ~~`i * Zero material mark u P- ~Qd~18 BIDDER'S PROPOSAL TREE TRIMMING IN PARKS AND PARKWAY TREES Price Agreement No. 1905 Quotation Request No. 2011-117 A. State. Contractors License No. 366764 ,Class C61/D49 ,has been issued to the bidder and is in full farce and effect. Expiration date of license: 12/31 /2012. B. State Contractor's License No. 366764 ,Class C27 ,has been issued to the bidder and is in full force and effect. Expiration date of license: 12/31/2012 All representations. made herein are made under penalty of perjury. A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that the representations made therein are made under penalty of perjury. Any bid not. containing this information,. or a bid containing information which is subsequently proven false., shall be considered non-responsive and shall be rejected by the public agency. The undersigned understands that the City reserves the right to reject any and all bids or waive any informality or technical defect as may be in the interests of the City. C. The City may exercise its option to renew this agreement as stipulated mayor may not under the General Conditions far the period of:(3) additional yrs one (1 }additional year; two (2) additional years; or three (3) additional years. D. Cash discount terms of 1 % 20 dayslprox for prompt payment, in addition to the above discounts, will be allowed. (Minimum of 20 days required). Unless otherwise stated, Net 30 days shall apply. E. Please indicate. if this bid will be extended to other public agencies .Yes X No The undersigned has examined the nature and location of the proposed work and is familiar with the specifications and the local conditions at the places where the work is to be done. They further agree to provide. services in accordance with the attached General Conditions, for Price Agreement No. 1905-Tree Trimming In Parks and Parkway Trees. COMPANY NAME: SIGPJED: INC. DATE: 8/3/11 PRINT NAME: Patrick Mahoney TITLE: President ADDRESS: 2200 E. Via Burton Sfreet Anaheim, CA 92806 TELEPHONENO.;(714)991-1900 FAX TELEPHONENO.: 7( 14)991-1027 EMAIL ADDRESS.: pmahoney@wcainc.com TAXPAYER I.D. NO.: 95-3250682 Plf}~ 9~ STATE OF CALIFORNIA } SS COUNTY OF LOS ANGELES} sworn, deposes and says: INDIVIDUAL AFFIDAVIT being first duly That he is the party making the forgoing proposal or bid, that such bid is genuine and not collusive or sham; thaf he has :not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for himself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. PARTNERSHIP AFFIDAVIT sworn, deposes and says: being first duly That he is a member of the co-partnership designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that. said bidder has not conspired or agreed, directly orindirectly, that another person refrain from bidding,. nor by such means sought to secure any advantage for himself or for any other party; that said bidder has hat accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such Ixid depository. That he has been duly vested with authority to make and sign the foregoing Bidder's Proposal for the co-partnership by: who constitute the other members of the co-partnership. SUBSCRIBED and SWORN fo before me this day of , 2010. (Seal) Public in and for the said County/State My commission expires: 10-20 'STATE OF CALIFORNIA j SS COUNTY OF LOS ANGELES) Patrick Mahoney and says: That he is the President CORPORATION AFFIDAVIT being first duly sworn, (Title) of WEST COAST ARBORISTS, INC. _ {Name) a corporation, which is the party making the foregoing proposal or bid; that such a brd is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for itself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depositary, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept from or through such depository. That he is duly authorized to execute the within the Bid Proposal on behalf of said corporation and that such corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors. JOINT VENTURE AFFIDAVIT being first duly sworn, deposes and says: That he is the (Title) of (Name), one of the partners submitting the foregoing bid as a Joint Venture and that he is duly vested with the authority to make and sign the said bid for and on behalf of the parties making said bid, who are . that such bid is genuine and not collusive or sham; that said parties have not conspired or agreed, directly or indirectly, that another party refrain from bidding, nor by such means sought to secure any advantage for himself, said Joint Venturers or any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depositary, or which prevent any subcontractor br materialman from bidding to any. Contractor who does not use the facilities of or accept bids from df t~troiagfp such bid depository. SUBSCRIBED and SWORN to before me this - rd day ~ ~{ HUg~ 20 D6?C 11 Notary PP b c n and for the said VICTOR M. GONZALEZ CountylState Commission #r t919509 < =~ Notary Puhlic - California } {Seal) i ' _y Oiange County My commission expires: M Comm. Expires don 27, 2015. 1/27/2015 10-21 DETAIL SPEGIFICATIONS The bidder has been engaged in kree trimming for 39 years. The bidder has performed similar projects for the following: Failure to submit with bid will cause your bid to be non-responsive. Name of Company Clty of Beverly Hills Address 450 North Crescent Drive, Beverly Hills, CA 90210 Name of Project. Manager Ken Pfalzgraf Contract Amount $ 1.6 Million Date: 2000 to Present Name of Company City ofiSanta MDnlca Address 2600 Ocean Park Blvd., Santa Monica., CA 90405 Name of Project Manager Walter Warriner Contract Amount $ 1 Million BIDDER'S STATEMENT OF EXPERIENCE Tel. No. (310 }550-4638 Tel. No. (310 } 458-8974 Date: 2000 to Present Name of Company Cttyof San Diego Address 2781 Caminito Chollas, San Diego, CA 92105 Name of Project Manager Drew Potocki Contract Amount $ 1 Million Date: 2005 to Present Name of Company City of Mission Viejo Address 27204 La Paz Road, Mission Viejo, CA 92692 Name of Project Manager Jerry Hill Contract Amount $ 650,000.00 Name of Company TeI. No. (714 }470-3019 Date: 2000 to Present City of Newport Beach Address. 592 Superior Avenue, Newport Beach, CA 92663 Name of Project Manager John Conway TeI No (949 }644-3083 Contract Amount $ 750,000.00 Date: 1994 to Present Tel. No. (_619 } 527-5486 10-22 DETAIL SPECIFICATIONS PRICE AGREEMENT NO. 1905 -TREE TRIMMING IN PARKS AND PARKWAYS FORM MUST BE SUMITTED ~JVITH BID DOCUMENTS VENDOWCONTRACTOR CERTIFICATION The undersigned certifies that it has in place an Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509. and § 3203 of the California Code of Regulations. {Note: If you believe that you are exempt from the state mandate, on a separate sheet please explain why you are exempt.) The undersigned further certifies that its IIPP is in written form and includes, at a minimum, the following elements: 1. Identification of the person or persons responsible for implementing the Contractor's safety program and the name of the Contractor's on-site Safety Representative. 2. The Contractor's system for identifying and evaluating workplace hazards including scheduled periodic inspections to identify unsafe conditions and work practices: a) whenever new substances, processes, procedures or equipment is introduced irito the workplace and represents a new hazard; and b} whenever the Contractor is made aware of a new or previously unrecognized hazard. 3. The Contractor's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner. The Contractor shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard: a) when observed or discovered; and b) when an imminent hazard exists which cannot be immediately abated without endangering employees and(or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct hazardous conditions shall be provided with the necessary safeguards. 4. The Contractors occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment: a) to all new employees; b) to all employees given new job assignments for which training has not been previously received; c) whenever new substance, processes, procedures or equipment are introduced into the Project and represent a new hazard; d) whenever the employer is made aware of anew or previously unrecognized hazard; and e} for supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed. 10-23 DETAit SPECIFICATIONS 5. The Contractor's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the Contractor of hazards at the Job Site without fear of reprisal. Substantial compliance with this provision inefudes meetings, training. programs, postings, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees,. or any other means that ensures communication with employees. 6. The Contractor's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action. 7. The Contractor shall keep appropriate records of steps taken to implement and maintain the program such as inspection, training documentation, included but not limited to, inspection checklist and training documentation form. 8. The Contractor shall include procedures to investigate occupational injury or occupational illness. 9. For construction projects the Contractor shall adopt a written code of safe practices that specifically relates to the employer's operations. Tailgate meetings shall be held at (east every ten (10) working days with employees and subcontractors. 10. A pre-job meeting may be required with the Safety Officer prior to the job start date. The foregoing is made herein are made under penalty of perjury. Full and Correct Name COMPANY NAME SIGNED: INC. PRINT NAME Patrick Mahoney TITLE President ADDRESS: 2200 E. Via Burton Street Anaheim, CA 92806 TELEPHONE NUMBER 7( 14) 991-1900 FAX TELEPHONE NUMBER: 7( 14) 991-1027 The City reserves the right to review the IIPP and to inspect the Job Site while the Work is in progress for safety and health requirements, per current Federal or State/OSHA regulations. Any violations discovered shall immediately be corrected by the Contractor at its sole expense or the City shalt correct such violations and deduct the expenses from monies due the Contractor. Please see attached copy of WGA's ItPP 10-24 ~_~ ~ ~ ~~ ~/ July 'i 8, 2011 QUOTATION NO: BID DUE DATE`. SUBJECT: 2011-117 (PA 1905) Friday, August 5, 2011 @ 4:OOPM PA 1905 -Tree Trimming in Parks and Parkways Please review the following Questions (Q} and Answers (A) to the above Quotation: Q1: Are subcontractors allowed to be used when bidding this contract? A1: Subcontractors are not allowed- Per the Bidders proposal sheet, number 22 of the evaluation process, bidder must provide experience which the bidder has performed with other municipalities. Q2: Is there preference for small business participants? A2: Please refer to the bidders proposal sheet, "The City will evatuate proposal using the current project request" section for the criteria used to select a supplier- Respeckfully, /' r(I~ A~tfFia'fi~~Garcia Buyer) AG:ag The undersigned bidder acknowledges receipt of the following addendum issued for the above quotation. Failure to acknowledge receipt of addendum may disqualify the Bidder. IF YOU HAVE ALREADY SENT IN YOUR BID AND THIS ADDENDUM IS NOT ENCLOSED, PLEASE CONTACT THE PURCHASING DIVISION AT {818} 238-5466. Full and Correct Name of COMPANY NAME: INC. SIGNED: t ~ v ~ DATE: 07/26/11 PRINT NAME: Patrick Mahoney TITLE: President ADDRESS: 2200 E. Via Burton Street Anaheim, CA 92806 TELEPHONE NUMBER: (714 ) 991-1900 FAX NUMBER: 7( 14 ) 991-1027 FINAiYC[AL SERYICES DEPARTMENT CITY OF BURBANK ,, Er~.~l" ~)LI'vc A~iE*~UE. i'.O BOX o459. BUR BANK. CALIFORNIA 91510-~:ri9 vr~^rrr.ci,hurbank.ca.us ADDENDUM NO. 1 Administration /Accounting 1 Audit / Sudge[ - Accounts Payahie Payroll Purchasing Revenue (818)2385500 (8i8 238-5495 (818)238-5:191 (81812385466 {313)238-543'_. 10-25 ~~ ~~~ a.mJ. July 18, 2011 QUOTATION NO: BID DUE DATE: SUBJECT: ADDENDUM NO. 2 2011-117 (PA 1905} Friday, August 5, 2011 @ 4:OOPM PA 1905 -Tree Trimming in Parks and Parkways Please review the following Questions (Q} and Answers {A} to the above Quotation: Q1: Do we need to have all three Licenses in order to bid the job? Or is it okay if we just have the "C-61" 8 "D-49"? A1: It is not required that the contractor posses a "C-27" License if they have the "C-61"and "D-49". Res~pectfully, (J~ Adriana Garcia Buyer) AG:ag The undersigned bidder acknowledges receipt of the following addendum issued for the above quotation. Failure to acknowiedge receipt of addendum may disqualify the Bidder. iF YOU HAVE ALREADY SENT IN YOUR BID AND THIS ADDENDUM IS NOT ENCLOSED, PLEASE CONTACT THE PURCHASING DIVISION AT (818) 238-5466. Full and Correct Name of B~dder: / COMPANY NAME: WESTIC(~AlST~XRBO~ISTS, [NC- SIGNED: tij ~ PRINT NAME: Patrick Mahoney TITLE: DATE: 07!26111 President ADDRESS: 2200 E. Via Burton Street Anaheim, CA 92$06 TELEPHONE NUMBER: 7( 14 ) 991-1900 FAX NUMBER: 7( 14 } 991-1027 CITY OF BURBANK ,,, JP.:>T t~i_I '~ ;.d~NUc. %' O 30X aa59. ~iJ riBF.i~I K. CtU_IFOF1 f`11A 91510-0359 wevw.ei.burbank.ca.us FLNANCIAL SERL'ICES DEP.4R"r;YtENT Administration / Accowtting !Audit !Budget Accou ~j P33,~v~`i ble Payrutl Purchasing • Revenue (818)?38-SiOQ {318 ?~8Sk45. (SIS)238-?49t (818??d8-i~to6 (818)?38-~4&2 07/30/2012 xoN,13: 58 FAIL j,.~~ 3i;~20'2 Gta' F*i C~cp ci ('c. . *.,K =^or:nasi--y ^,i~. Et8~23II~~4.- PA 190G -TREE TRIMMING IN PARKS ANR PARKWAYS EXTENSION AGRPEMEN7 FlSGAI, YEAR 2012.2013 2~~ .... ,, No. DaserlpYlon Eat qty UOM mt Price o Amount nl Prlca ota Amount town a town m s s ng ac 1. rae ars ng ac 6. a m tee r mm ng ac ~ ' ~ ~~. rae en ng ...., l ~ .. ... ~. _ a 5gel.w/rootbartler Each 85:D0 8 1,140.00 8 88.51 S 1,158.14 b 15 gal, w o root artier 5 Esc .00 S 400.00 5 81.7.7 406.37 c 24 nc box w/rcot barrier 5 ach £ 190.00 5 950.OD y 93. 2 d 241nch box w o root trier 6 Each 75.0 S 875.00 S 177.78 5 889.82 TOTAL 1TEM31 - 4(a-d) ..,:. ,.. .i .. .... 9 1. Com lets Tree & Stum Removal $ 9,465.U0 i ~ b~ sal'/+.;Mrte=sEF r: :,. ~.tF+Y' Diameter par Inch $ 22.00 $ ..... .. 5 9,615.62 . 22.35 2. Slum Removal Diameter per Incn S 9.00 S 9.14 3. Root Prunin - Per Lineal Foot $ 12.00 $ 12.19 4, Grew Rental - 3 Man Per Hour $ 180.00 ~ 182,86 5. Crew Rental -2 Mant Per Hour S 120.OD $ 121.91 8. Craw Rental -1 Man Per Hour $ 80.00 5 60,95 ~. Emer en work Call Out- 3 Man. Per Haur S 240.00 ~ 243,82 The undersigned heisby agrees to furnish the above articles and/or services, at the pricer: and terms stated, stabjectto the lnstruations and condlt(ona shown an the face and reverse of tho Raqusst for 4uotatton and the General Condlflons far Price Agreement 1906 -TREtr TRIMMING IN PARKS AND. PARKWAYS. Wesf QoastArborists, Inc. GOMPANYNAME ''t 7!30!2012 AUTHORIZED SIGNATURE ~. ~/ DATE PRINT NAME Patrick Mahoney, President ADDRESS 2200 E. ~a Burton St. Anaheim, CA 82806 TELEPHONE NUMBER 7( 14 ) 991-190Q FAX ND. 7( 14 } 991-1027 EMAILADDERSS pmahoney@wcainc.com - TAX IDENTIFICATION 85-3250582 ®003/005 10-27 RESOLUTION 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE USE OF COOPERATIVE PURCHASING PROCEDURES TO AWARD A ONE YEAR CONTRACT WITH AN ADDITIONAL THREE, OPTIONAL ONE-YEAR EXTENSIONS FOR CITYWIDE TREE CARE TO WEST COAST ARBORISTS IN THE AMOUNT NOT-TO- EXCEED $150,000 PER YEAR WHEREAS, the City of Chula Vista has a total tree population in excess of 27,000 city- ownedtrees; and WHEREAS, a comprehensive tree maintenance program is essential for insuring the health and safety of the trees; and WHEREAS, for the past five years, West Coast Arborists has provided tree services to the City for a competitive price with a high level of competency, professionalism and safety; and WHEREAS, West Coast Arborists have agreed to provide the additional benefit of updating tree work performed on our existing GPS tree inventory, enabling the City to better track completed work and document tree conditions on a regular basis; and WHEREAS, public agencies are permitted to use cooperative purchase agreements, also known as "piggybacking" with other agencies; and WHEREAS, the City of Burbank held an advertised bid process for complete tree services in July 2011, which resulted in the award of a one (1) year contract with the option to extend for three (3) additional one year periods. This allows the City of Chula Vista to contract for the same services at the same cost as the City of Burbank using Burbank's competitive bidding process completed in August 2011; and WHEREAS, the City of Burbank's competitive bid process is equivalent to the City of Chula Vista's competitive bid process; and WHEREAS, the purchasing agent has reviewed this procedure as being consistent with good purchasing practices; and WHEREAS, the use of this cooperative agreement with Burbank offers both savings in time and cost over the current contract; and WHEREAS, the City of Burbank "piggyback" will decrease the City's cost to service trees by an estimated $15,000 annually; and WHEREAS, the following tables list the unit cost for maintenance activities agreed upon in the City of Burbank contract executed in August 2011. 10-28 Resolution No. Page 2 No. Descri tion Est Qt UOM Unit Price Total Amount _ 1 Crown Clean/Crown Thin/Raisin 60 Each $ 70.00 $4,200.00 2 Tree Raisin 50 Each 5.00 1 D.00 3 4 Palm Tree Trimmin Tree Plantin 5 Each 70.00 350.00 a 15 al. w/root barrier 12 Each _ $ 95.00 $1,140.00 b 15 al. w/o root barrier 5 Each $ 80.00 $ 400.00 c 24 Inch box w/root barrier 5 Each 0 950 UQ_ d 24 inch box w/o root barrier 5 Each 175.00 875.00 _ TOTAL ITEMS 1 - 4 a•d $ 9,165.oD The Contractor must submit with his bid complete information concerning the equipment being used and the size of the crew normally used in his operation. TOTAL SUM BID ITEMS 1 - 4: Nine Thousand One Hundred Sixty-Five Dollars and No Cents WORDS 9,165.00 FIGURES OPTIONS A _ Complete Tree & Stump Removal Diameter per inch $ 22.00 Per inch B Stump Removal Diameter per inch $ 9.00 Per Inch C Root Pruning Per Lineal Foot $ 12.00 Per LP D Crew Rental - 3 men, aerial unit, dump Per Hour $18D.00 Per Hour truck and chi er/Extra L .Tree Prunin _ E Crew Rental - 2 men, aerial unit, dump ~ - Per Hour $120.00 Per Hour truck and chipper /Extra Lq. Tree Prunin °~,c f ~ F Crew Rental - 1 man /Extra Lg. Tree Pruning 4i Per Hour $ 60.00 Per Hour Emergency Work Call Out ; G 3 men including all necessary equipment Per Hour $240.00 per Hour "Disposal fee included in cost 'Zero material mark u NOW, THEREFORE BE IT RESOLVED, with the above recitations incorporated herein, that the City Council of the City of Chula Vista does hereby authorize the use of cooperative purchasing procedures to award a one year contract with an additional three; optional one-year extensions for Citywide tree care to West Coast Arborists in the amount not-to-exceed $150,000 per year. Presented by Richard A. Hopkins Director of Public Works Approved as to form by ~~~~~~ D ~~~T ~ ~i 6~ Glen R. Googins City Attorney 10-29