CITY COUNCIL: Resolution Authorizing Cooperative Purchasing Agreement with Monterey for Grid Pruning Project & Award Contract to West Coast Arborists

Meeting Date: September 1, 2009
Prepared by: Mike Branson

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc (WCA) in an amount not to exceed $36,979.

Description: Grid pruning involves safety and structural pruning of public trees. In the FY 2009-10 budget, $36,979 was allocated for this Forestry Division project
(Account # 01-78053). A cooperative purchase agreement with WCA is based on the competitive bid process and a contract awarded for tree maintenance by the City of Monterey, which will provide the City of Carmel-by-the-Sea with an efficient, low-cost resource for tree pruning and related services.

Overall Cost:
City Funds: $36,979 (Account 01-78053)
Grant Funds: N/A

Staff Recommendation: Adopt a Resolution approving the cooperative purchasing agreement for a grid pruning project with the City of Monterey and award the contract for the project to West Coast Arborists, Inc. in an amount not to exceed $36,979.

Important Considerations: WCA has worked for the City of Carmel-by-the-Sea and other
Monterey County cities, including Monterey, Salinas, Pacific Grove, and Soledad.
The rates and terms offered to Carmel are based on the City of Monterey’s current
“Tree Maintenance Open End Contract” with WCA. Cooperative purchase agreements and contract awards for public works projects are permitted under sections 3.12.170 and 3.12.430 of the Municipal Code.

Decision Record: Resolution 2008-51, approved on August 5, 2008, authorized a similar
contract under a cooperative purchase agreement with West Coast Arborists Inc. in FY 2008-2009.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE EXECUTION OF A CONTRACT WITH WEST COAST ARBORISTS, INC. FOR THE GRID PRUNING OF URBAN FOREST TREES IN AN AMOUNT NOT TO EXCEED $36,979

WHEREAS, $36,979 was budgeted in FY 2009-2010 for grid pruning of urban forest
trees; and

WHEREAS, the City may take advantage of a cooperative purchasing agreement, as
allowed per Municipal Code sections 3.12.170 and 3.12.430, because the City of Monterey conducted a competitive bid process for a similar project; and

WHEREAS, West Coast Arborists, Inc. was the low bidder and its contract was
renewed for FY 2009-10.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to execute a contract with West Coast Arborists, Inc., for tree maintenance in an amount not to exceed $36,979.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of September 2009, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

___________________________
SUE McCLOUD, MAYOR

ATTEST:
________________________________
Heidi Burch, City Clerk

Contract
Page 1
CITY OF CARMEL-BY-THE-SEA
GRID PRUNING OF URBAN FOREST TREES
CONTRACT
THIS CONTRACT is made and entered into on the 1st day of September 2009, by and
between the City of Carmel-by-the-Sea, Monterey County, State of California, hereinafter called
“City”, and West Coast Arborists, hereinafter called “Contractor”.
WITNESSETH: That City and Contractor have mutually covenanted and agreed, and by
these presents do covenant and agree with each other as follows:
1. That for and in consideration of the covenants and agreements hereinafter contained on
the part of City, and the sums of money hereinafter designated to be paid to Contractor by City in
the manner and form as shown in the attached specifications, Contractor hereby covenants and
agrees to, to furnish all labor, tools, appliances, equipment, plant and transportation, and any and all
other expenses necessary or incidental to the performance of certain work hereinafter specified and
to complete the public work herein referred to for City, for the schedule and items awarded, all as
more particularly and in detail set forth in those certain specifications filed in the office of the City
Administrator, and identified by the signatures of the parties to this agreement. True copies of the
contract documents together with all modifications incorporated in those documents before their
execution, are hereunto annexed by and reference thereto incorporated herein and made a part hereof
as though in this document fully set forth. The contract documents shall consist of this Contract, (6
pages); Specifications (5 pages), and Exhibit A (3 pages).
2. Contract Price: Contractor agrees to receive and accept and City agrees to pay the
proposal prices as full compensation for furnishing all materials and for doing all the work embraced
and contemplated in this agreement and as set forth in the Contractors proposal submitted to the City
of Carmel-by-the-Sea, on the 30th day of March, 2009 and the true copy thereof attached, and for
all loss or damage arising out of the nature of said work, or from the action of the elements from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the
risk connected with the work, and for well and faithfully completing the work and the whole thereof,
in the manner and according to the said specifications and the requirements of the Project Manager
(City representative) under them, to wit: the Contract price of $36,979.00 as set forth in the
Contractor’s Proposal of Bidder for the work awarded under this agreement.
Contractor further agrees to plan the work and to prosecute it with such diligence that said
work, and all of it, shall be completed no later than 30 June 2010 after the execution of this Contract
on behalf of the City.
Upon completion, the Contractor shall present a Statement of Compliance, if applicable.
Attached thereto there shall be copies of payroll certification records indicating the prevailing hourly
rate of per diem wages for this locality (Area 2) pursuant to Labor Code Section 1773.2.
Pursuant to SB222, City is required to withhold from any progress payments owed to a
contractor any amount that has been forfeited as penalties, or as wages owed to employees who have
not been paid the prevailing wage for work performed. This allows the intervention by the Division
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Contract
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of Labor Standards Enforcement, which is headed by the State Labor Commission, in a contractor’s
lawsuit for recovery of amounts withheld by an awarding body. All withheld wages and penalties
will be transferred to the Labor Commissioner for disbursement in those cases where a contractor
fails to bring a lawsuit for amounts withheld within ninety (90) days after completion of the public
works contract and formal acceptance of the job by the awarding body. The Labor Commissioner is
then permitted to intervene in any lawsuit brought by the contractor against an awarding body for
recovery of amounts withheld.
Certified payroll records must be on the forms provided by the Division of Labor or contain
the same information required on the Division’s form.
3. Payment. Contractor shall be paid for the work within thirty (30) days of
satisfactory completion. Notice of Completion shall be given to City in writing. If any work is not
satisfactorily completed, City shall have the right to withhold from the payment a sum equal to one
and one-half times the estimated costs of satisfactorily completing the work. City shall have the
right to use said sum to pay Contractor for satisfactorily completing the work, or upon refusal of
Contractor to satisfactorily complete the work, to pay another contractor to do so. Any money
remaining after satisfactory completion shall be paid to Contractor, less any sums owed City by
Contractor. Contractor shall have the right to substitute securities for any monies withheld by City
to ensure performance under this agreement pursuant to Government Code Section 4590.
4. The parties agree that this Contract shall be binding upon themselves, their heirs,
executors, administrators, successors and assignees and hereby agree to the full performance of the
covenants herein contained.
5. No interest in this Contract shall be transferred by Contractor to any other party, and
any such transfer shall cause annulment of this Contract, so far as City is concerned. All rights of
action, however, for any breach of this contract are reserved to City.
6. Supplies. Contractor shall keep harmless, indemnify and defend City, its officers
and agents, on account of articles supplied by Contractor under this Contract, of which it is not
patentee or which it is not entitled to use or sell.
7. Hold Harmless. Contractor agrees to hold harmless, indemnify and defend City,
its elected officials, agents, officers, and employees thereof, including the Project Manager (City’s
representative), while acting within the scope of their duties from and against any and all liability,
claims, damages and cost of defense arising out of Contractor’s performance of the work described
herein including injuries and damages arising from negligence of City or others except for injuries
and damages arising from sole negligence of City. Contractor shall require any and all
subcontractors to conform to the provisions of this clause and provide proof of all required insurance
prior to commencing any work.
8. Warranties. Contractor shall immediately correct all defective workmanship
discovered within one year after acceptance of final payment by Contractor, and shall hold harmless,
indemnify and defend City against all loss and damage occasioned by any such defect, discovered
within said year, even though the damage or loss may not be ascertained until after the expiration
thereof.
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Contract
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9. Independent Contractor. While engaged in carrying out the terms and conditions of
this Agreement, Contractor is an independent contractor and not an officer, employee or agent of
City. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees is in any manner, an agent or employee of City.
10. Contractor shall provide:
A. Workers’ Compensation Insurance. Contractor shall maintain adequate Workers’
Compensation insurance in the State of California, and shall provide employers general liability
insurance for the benefit of its employees and the employees of any subcontractor under it, not
protected by such compensation laws, and proof of such insurance, satisfactory to City, shall be
given by filing certificates of such insurance with City, in a form satisfactory to City. If such
insurance is underwritten by any agency other than the State Compensation Fund, such agency shall
be a company authorized to do business in the State of California. Contractor shall not commence
work until certified proof of insurance has been provided to, and accepted by, City.
B. Public Liability and Property Damage Insurance. Contractor shall take out and
maintain during the life of this Contract such public liability and property damage insurance as shall
protect it and any subcontractor performing work covered by this contract from claims for personal
injury or property damages which may arise because of the nature of the work or from operations
under this contract, whether such operations be by Contractor or by any subcontractor or anyone
directly or indirectly employed by either of them. The Public Liability, Personal Injury and Property
Damage Insurance shall also directly protect the City, its officers, agents and employees, as well as
the Contractor and its subcontractors, and all insurance policies issued hereunder shall so state:
The City of Carmel-by-the-Sea, its elected officials, officers, agents and employees shall
be specifically named, by written endorsement to the Certificate of Insurance, as additional
insured for this project under such insurance policy and Contractor shall provide City with a
certificate of such insurance for the term of this contract. The amounts of such insurance shall
be as follows: One Million Dollars ($1,000,000.00).
Said insurance shall be with a company acceptable to City and shall be primary over any
other valid or collectible insurance City may have. The insurance carrier shall provide City with a
certificate evincing the existence of the insurance and specifying compliance with these terms and
the issuing company shall agree to provide City with thirty (30) days prior written notice of
cancellation or non-renewal of the policy.
Contractors liability insurance and automobile liability insurance covering all vehicles used in
the performance of the Contract providing for public liability, personal injury and property damage
insurance with limits of the not less than one million dollars ($1,000,000) combined single limit.
11. Safety. Contractor shall conform to the rules and regulations pertaining to
safety established by the California Division of Industrial Safety.
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Contract
Page 4
12. Liquidated Damages. In consideration of liquidated damages to City, occasioned
by Contractor not completing the work within the time set for Contractors performance, City having
to prepare termination notices, prepare specifications to complete the work, relet bids, and
experience the general delay of not having the work completed in a timely fashion, the parties agree
that it would be extremely difficult and impractical to fix actual damages and that Contractor agrees
if the Contract is not completed within the time period specified in the Contract, it will pay to City
the sum of one-hundred dollars ($100) each and every calendar days delay in finishing the work in
excess of the number of working days prescribed in the Contract, said sum of liquidated damages to
be deducted from the amount due the Contractor for work completed.
13. Conflicts in Documents. This Contract and the contract documents are intended to
constitute one complete and consistent contract. Should any conflict exist, Contractor shall secure
written instructions from Project Manager (City’s representative) before proceeding.
14. Protecting Trees. Contractor acknowledges that it is familiar with City’s policies for
the protection of trees and agrees to take all reasonable precautions to protect trees not subject to
trimming or removal from damage, which might be caused during the work. (Refer to the Municipal
Code of the City of Carmel-by-the-Sea, Chapter 12.28)
15. Inspection. City shall at all times have the right to inspect the work and materials.
Contractor shall furnish all reasonable aid and assistance required by City for the property
examination of the work and all parts thereof. Such inspection shall not relieve Contractor from any
obligation to perform said work strictly in accordance with the specifications or any modifications
thereof and in compliance with the law.
16. Conflict of Interest. Contractor covenants that neither it nor any person working for
it or with it to provide the services called for by this Contract has any interest, nor shall any person
acquire any interest, directly or indirectly, which would conflict in any manner or degree with the
performance of the services hereunder. Contractor further covenants that in the performance of this
Contract, no person having such interest shall be employed by Contractor.
17. Nondiscrimination. Contractor agrees that in the performance of this Contract or any
sub-agreement hereunder, neither Contractor nor any person acting on Contractors behalf shall
refuse to employ or refuse to continue in any employment any person on the basis of race, religious
creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual
preference, sex or age. Harassment in the workplace is not permitted in any form. Contractor
further agrees to comply with all laws with respect to employment when performing this Contract.
18. Suspension, Abandonment or Termination of Work. It is mutually agreed that
City may suspend, abandon in whole or in part, or terminate this Contract upon five (5) days written
notice to Contractor, in which case City shall pay Contractor for services rendered and work
completed at the time of suspension.
19. Changes. Any changes or amendments to this Contract shall be written,
consecutively numbered, change orders. City may, from time to time, amend or modify the scope of
the work to be performed hereunder.
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Contract
Page 5
20. Disputes. Disputes and other matters in question between Contractor and City’s
representative relating to this Contract shall be referred to the City Administrator or his duly
authorized representative, who will render a decision within a reasonable period of time.
21. Claims. Claims for time extensions or cost increases from Contractor shall be
considered valid only if Contractor notifies the City Representative of any such claim in writing
within five (5) working days from the date of the circumstances allegedly justifying the claim,
unless otherwise stated in the Contract specifications. The formal, written claim shall be submitted
to the City representative within ten (10) working days of the notification date, or no later than
fifteen (15) days from the date of the circumstances allegedly justifying the claim. The City
representative may negotiate the claim with Contractor and render a decision in writing. Claims not
resolved by the City representative may be appealed to the City Administrator. An appeal to the
City Administrator shall be submitted, in writing, within five (5) working days from Contractor’s
receipt of written notice from the City representative that the claim has been rejected. The City
Administrator’s decision shall be final. Acceptance of a final contract payment by Contractor shall
constitute a waiver of any further claims by it, except those previously made in writing and
identified by Contractor as unsettled at the time of application for payment.
22. Notice. Any notice or notices required or permitted to be given pursuant to this
Contract may be personally served on the other party giving such notice or may be served by
Certified Mail, Return Receipt Requested, to the following addresses:
City Contractor
Heidi Burch West Coast Arborists
City Clerk 2200 E. Via Burton Street
City of Carmel-by-the-Sea Anaheim, CA 92806
Post Office Box CC
Carmel-by-the-Sea, CA 93921
23. Contractor’s License. Contractor warrants and declares that its California
Contractor’s license number #366764 (B-49/C-61 & C-27) is valid, and that its expiration date is
__________.
24. Business License. The Contractor’s Carmel-by-the-Sea business license number is
19983; with an expiration date of 06/30/10.
25. Attorneys Fees. If either party hereto should bring any suit against the other party
hereto (formal judicial proceeding, mediation or arbitration), for the breach of any term, covenant,
condition or obligation herein contained to be kept, by such other party, for the recovery of any sum
due hereunder, or to recover possession of the premises, or for any summary action for forfeiture of
the Lease or to prevent further violations of any of the terms, covenants, conditions or obligation, or
for any other relief then, and in that event, the case shall be handled in Monterey County, California,
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Contract
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and the prevailing part in such suit or summary action shall be entitled to a reasonable attorneys fee
to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the
judgment, together with all costs.
Dated: __________________, 2009 CONTRACTOR
By:
(Typed or Printed Name) (Signature)
(Title)
Recommended By:
Mike Branson, City Forester
Dated: _____________________, 2009 CITY OF CARMEL-BY-THE-SEA,
a Municipal Corporation,
ATTEST:
By:
Heidi Burch, City Clerk Rich Guillen, City Administrator