00-0620_WEST COAST ARBORISTS, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this %4V+-�day of
o-- 2000, by and between the City of San Juan Capistrano
(hereinafter referred to as the "City") and
t� I7-rr- [&# /or A ,v>p(hereinafter referred to as
"ContrActor")
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's proposal
to provide tree trimming services within the City; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work
The scope of work to be performed by Contractor shall consist of those tasks as set
forth, described, recommended, or required to complete in Exhibit "A," described as the
City's request for proposals for City Tree Trimming, dated I ,,, nd Exhibit "B,"
described as the Contractors proposal of �Pj� ; attached and incorporated herein by
reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of its
profession.
Section 2. Term
This Agreement shall commence as of July 1, 2000 and services required
hereunder shall continue through June 30, 2003.
Section 3. Compensation
3.1 Amount
Compensation for the scope of services for this Project shall be
determined based upon the amount of work requested by the City and the prices
provided by the Contractor in their Proposal.
3.2 Rate Schedule
The services shall be billed to the City as the work completed as set forth in
Exhibit "_;"the Proposal, attached and incorporated herein by reference. Included within
the compensation are all the Contractor's ordinary office and overhead expenses incurred
by it, its agents and employees, including meetings with the City representatives and
incidental costs to perform the stipulated services. Submittals shall be in accordance with
Contractor's proposal.
3.3 Method of Payment
Contractor shall submit monthly invoices based on total services that have
been satisfactorily completed for approval by the City. The City will pay monthly progress
payments based on approved invoices in accordance with the costs provided in the
Proposal section of the Bid Documents and with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
3.4 Records of Expenses
Contractor shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be
made available at reasonable times to City.
Section 4. Independent Contractor
It is agreed that Contractor shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Contractor is permitted to
subcontract any part of this Agreement by City, Contractor shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Contractor. City will deal directly with and will make all payments to Contractor.
Section 6. Changes to Scope of Work
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site
By executing this Agreement, Contractor warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work under this Agreement. Should Contractor
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform City of this and shall not
proceed with further work under this Agreement until written instructions are received from
the City.
Section 8. Time of Essence
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. Copies of Work Product
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 12. Ownership of Documents
All reports, information, data and exhibits prepared or assembled by Contractor in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Contractor agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to
the City upon demand without additional costs or expense to the City. The City
acknowledges such documents are instruments of Contractor's professional services.
Section 13. Indemnity
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Admitted Insurers shall provide insurance required herein in good standing with the
State of California and having a minimum Best's Guide Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Contractor's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Contractors Guarantees
The Contractor shall furnish to the City, concurrently with the execution of the
Agreement, a surety bond in an amount equal to four months compensation as security for
the faithful performance of the Agreement, and a surety bond in that same amount as
security for the payment of all persons performing labor and furnishing materials in
connection with this Agreement. Both bonds shall be subscribed by a corporate surety,
with a minimum A- rating, which is authorized to transact surety insurance business in the
State of California. Should any bond or surety become Insufficient, the Contractor shall
furnish the City a new bond within ten (10) days after receiving notice from the City. No
payments will be due or paid under the Agreement until any and all deficiencies have been
remedied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination
A) City and Contractor shall have the right to terminate this Agreement
without cause by giving thirty (30) days' advance written notice of termination to the
other party
B) In addition, this Agreement may be terminated for cause by providing ten -
(10) days' notice to the other party of a material breach of contract. If the other
party does not cure the breach of contract, then the agreement may be terminated
subsequent to the ten- (10) day period.
Section 16. Notice
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
To Contractor: west Coast Arborists
2200 E. Burton St.
Anaheim, CA 92806
Section 17. Attorneys' Fees
If 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 attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
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APPROVED AS TO FORM:
John t. *aw, City Attorney
West Coast Arborists, Inc.
2200 E. Via Burton Street Anaheim, CA 92806
(714) 991-1900 - (800) 521-3714 - Fax (714) 956-3745
May 26, 2000
City of San Juan Capistrano
Attn: Amy Amirani, Public Works Director
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
RE: Proposal - City Tree Trimming
Due: 05/26/00 @ 5:00 PM
Please find enclosed the completed proposal package submitted by West Coast
Arborists, Inc. for the above named project. I have also included a self-addressed
stamped envelope, please remit the results in this envelope. If you have any questions,
or need further information please don't hesitate to give me a call.
Thank you, and we look forward to working with you.
Sincerely,
scar R. Corvera
Sales Coordinator
West Coast Arborists, Inc.
A Professional Tree Maintenance Organization
PROPOSAL
TRIMMING OF CITY TREES
From: West Goast Arborists, Inc.
CONTRACTOR
To the Honorable City Council
City of San Juan Capistrano
Gentlemen:
The undersigned, as proposer, declares that he has carefully examined the location of the
proposed work as described, examined the Specifications and General Provisions, read the
Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes
and agrees, if the proposal is accepted, to complete said contract in accordance with the
Contract Documents for the following:
Trimming of City Trees - Unit Price Per Tree
REE
S
EVERGREEN
HEIGHT OF TREE
Fures
Words
Fi ures
Words
0-15 Feet
Thirty -Six
Dollars
,$36.00
Thirty -Six
Dollars
16-30 Feet
$36.00
Thirty -Six
Dollars
$36.00
Thirty -Six
Dollars
31-45 Feet
$36.00
1 Thirty -Six
Dollars
$36.00
'Thirty -Six
Dollars
46-60 Feet
$36.00
Thirty -Six
Dollars
$36.00
Thirty -Six
Dollars
Over 60 Feet
$95.00
Ninty-Five
Dollars
$95.00
Ninty-Five
Dollars
Stump Grinding
$35.00
Thirty Five
Dollars
$35.00
Thirty -Eight Dolla
Tree Removal
$195.00
One Hundred Ninety-
Five Dollars
$195.00
One Hundred Ninety
Ifive Dollars
2. Emeroencv Work - Hourly Rate
Figures Words
$/Hr $/Hr
Cost, oer Crew, to do tree trimming, tree removals, or one Hundred
other tree work as directed by City Staff, at hours $125.00 Twenty -Five
other than as stated in Item 2 above. Price shall Dollars
include all labor, material, trucks and equipment.
Please indicate below the equipment and number of personnel included in the quoted rates
for Item 2 above:
3 Men = (1)Foreman, (1)Trimmer, §'(1)Groundmen
Boom 55' (If Necessary)
Truck/Chipper (If Necessary)
Additional men at $46.67 each per hour.
Please indicate below the hourly rate for any specialized equipment not included in the above
definition. The rates quoted below shall be for equipment and operator (or operators) as
required.
Equipment Description
Hourly Rate
Routine
Hourly Rate
Emergency
30 Ton Crane (140' Reach)
$41.67
$62.50
Loader
$41.67
$62.50
Roll -Off
$41.67
$62.50
90' Aerial Tower
$41.67
$62.50
Backhoe
$41.67
$62.50
Hole Drilling (Digger Derrick)
$41.67
$62.50
Said amounts are to include and cover all taxes, the performing of all the labor requisite or
proper and the providing of all necessary machinery, tools, apparatus, and other means of
maintenance; also, the performance and completion of all the work in the manner set forth,
described and shown in the Specifications for the work. All prices quoted above shall include
removal and legally proper disposal of all material, such as leaves, limbs, wood, from the
project sites. All prices quoted above shall include traffic control if required by City.
Contractor will not be required to pay for permits on City projects.
It is anticipated that the chosen Proposer shall commence work on July 1. 2000.
(If an individual, so state. If a firm or co -partnership, state the firm name and give the names
of all individual co-partners composing the President,firm Secretary, Treasurer, and
Manager thereof.) /v A
Dated: May 25, 2000
Dated: May 25, 2000
Rose
Further, the undersigned proposer certifies that he has thoroughly checked the figures set
forth in this proposal, that they are correct to the bes of his knowledge and that they
constitute his proposal for the work called out herein.A 11�?
Dated: May 25, 2000
Dated: May 25, 2000
Address:
2200 E. Via Burton St.
Anaheim, CA. 92806
LIST OF SUBCONTRACTORS
Are subcontractors to be used on this project: Yes_ No x
If yes, please complete the following:
If no subcontractors are listed, all insurance will be written in the name of the general
contractor only.
1.
2.
3.
4.
5.
6.
7.
8.
Item of Work Subcontractor Address Phone No.
10
Signature #atrick Mahoney
STATEMENT OF EXPERIENCE
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART
OF QUOTATION.
1.
Patrick Mahoney, President West Coast Arborists, Inc.
Proposers Name Company Name
2.
2200 E. Via Burton St., Anaheim, CA. 92806
Business Address
3.
(800)521-3714
Business Telephone Number
4. List at least six (6) Contracts of a similar type -
either currently held or held within the past 24 months.
From _ to _ City/Company Contact Person Ccnhad
And Number Amount
1993 -Present City of Newport Beach Marcelino Lomeli (949)644-3162 $400,000.00
1994 -Present City of Brea Bill Higgins (714)990-7698 $55,000.00
1993 -Present City of Costa Mesa Joe Bogart (949)548-3887 $200,000.00
1993 -Present
City
of
Garden Grove
Jim
Yasutake
(714)741-5384
$150,000.00
1994 -Present
City
of
Beverly Hills
Bob
Chavez
(310)285-2542
$1,500,000.00
1996 -Present City of Downey Shirley Bennett (562)904-7194 $240,000.00
Company
LIST OF EQUIPMENT
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART
OF QUOTATION.
1.
Patrick Mahoney West Coast Arborists, Inc.
Proposers Name Company Name
2.
'41
2200 E. Via Burton St., Anaheim, CA. 92806
Business Address
(800)521-3714 Fax (714)956-3745
Business Telephone Number
4. List equipment owned by the quoting firm that is available for use on this contract.
Provide type, make and model year. Use additional sheets if necessary.
1998-1999 GMC C6500 w/55ft HiRanger Aerial Towers
(2) 1997-1999 Vermeer 1600A Brush Chippers
(2) 1995-1998 Ford F700 Chipper Dump Trucks
(2) 1998 Starlite Solar Pro Arrowboard
(1) 1998 Vermeer 1102 Stump Grinder
(2) 1998-1999 Dodge Ram 2500 Pick -Up Trucks
(2) 1986-1987 GMC 90' HiRanger Aerial Towers / (1) 1999 Terex 120' reach crane
A complete list of equipment is contained in our
Signature .Patrick Mahoney, President
West Coast Arborists, Inc.
Company
12