Tree Maintenance Services
PREPARED BY : MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
MEETING DATE: 0 4/05 /16
ITEM NO : 5
COUNCIL AGENDA REPORT
DATE: MARCH 2 4 , 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TREE MAINTENANCE SERVICES AGREEMENT AMENDMENT
A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE AGREEMENT FOR SERVICES WITH WEST
COAST ARBORISTS TO ADD $60,000 FOR TOWN TREE
MAINTENANCE SERVICES .
B. AUTHORIZE A BUDGET ADJUSTMENT IN THE AMOUNT OF $60,000
FROM ANTICIPATED FISCAL Y EAR 201 5 /1 6 YEAR END SAVINGS .
RECOMMENDATION :
1. A uthorize the Town Manager to execute a first amendment to the A greement for S ervices
with West Coast Arborists (WCA) to add $60,000 for Town tree maintenance services.
2. A uthorize a budget adjustment in the amount of $60,000 from anticipated Fiscal Year
201 5 /1 6 year end savings .
BACKGROUND :
As part of the FY 2011/12 operating budget process, the Town Council eliminated in -house tree
trimming services. Since that time, contractual tree trimming has been the primary service
delivery platform for the Town in managing its urban forest, which includ es street trees , park and
open space trees , and trees located o n other Town properties.
West Coast Arborists (WCA) has been providing contractual tree trimming services to the Town
since August, 2011. The initial contract with WCA was approved by the Town Council on
August 15, 2011 following a competitive bidding proc ess. Council subsequently approved a
two -year extension to the agreement with WCA on June 18, 2012, extending tree maintenance
services through June 30, 2014.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TREE MAINTENANCE SERVICES AGREEMENT AMENDMENT
MARCH 24, 2016
BACKGROUND (cont’d):
Attentive to the June 30, 2014 expiration of the initial tree trimming contract, the Parks and
Public Works Department solicited bids through an RFP process for tree trimming services in
spring 2014 . Four bids were received and WCA was determined to be the most cost effective
bidder d ue to
competitive pricing which included providing the Town with a computerized tree inventory. A
new tree maintenance contract with WCA was approved by Council on April 7, 2014 . At that
time the Council also authorized the Town Manager to extend the a greement annually for up to
two additional years (through June 30, 2018) in the amount of $100,000 based on budget
availability. Staff anticipates executing th is extension and is proposing $100,000 in the
upcoming FY16 -17 budget because of the Town’s tree maintenance needs and because f all is the
optimal time for street tree planting .
DISCUSSION :
Since 2011, WCA has provided high quality and responsive tree maintenance services to the
Town , including safety and structural pruning, hazardous tree mitigation, removal of dead and
diseased trees , and timely emergency response.
The Town’s urban forest has been significantly impacted by the historic multi -year drought and
this winter’s robust and frequent wind and rain events . As a result, significant tree maintenance
services have been implemented in the current fiscal year to remove a much higher than
anticipated number of trees or conduct emergency trimming and other service s. Consequently,
the current fiscal year allocation of funds for tree maintenance services is close to being fully
expended. With three months remaining in the fiscal year, additional funding is needed to
support emergency re sponse and tree risk mitigation as well as cover the cost for emergency
responses that have be en required over the past two month s . Staff anticipates a similar need for
service over the next year and may return during the mid -year budget process in FY 20 16 /17 to
do a n adjustment to add more funds .
CONCLUSION :
1. A uthorize the Town Manager to exec ute a first amendment to the A greement for S ervices
with West Coast Arborists (WCA) to add $60,000 for Town tree maintenance services.
2. Authorize a budget adjustment in the amount of $60,000 from anticipated Fiscal Year
2015/16 year end savings .
ALTERNATIVES:
The Council could not approve the additional tree funding for the current fiscal year and no
additional tree services would be provided through June 30, 2016 . This is not recommended as
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: TREE MAINTENANCE SERVICES AGREEMENT AMENDMENT
MARCH 24, 2016
staff does not have the in -house capacity or equipment required to perform the range of tree
maintenance services provided by WCA.
COORDINATION:
This report has been coordinated with the Finance Department and Town Attorney’s Office .
FISCAL IMPACT :
Funds for the increased tree maintenance costs in the cu rrent fiscal y ear will come from
anticipated Fiscal Year 2015/16 savings .
ENVIRONMENTAL ASSESSMENT :
This i s not a project as defined under CEQA , and no further action is required.
Attachment :
1. First Amendment to Agreement for Services
ATTACHMENT 1
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 5 th day of
April , 201 6 and amends that certain Agreement for Services dated April 9, 2014 , made by and
between the Town of Los Gatos , ("Town,") and West Coast Arborists, Inc.(“Service Provider ”).
RECITALS
A. Town and Consultant entered into a n Agreement for Services on April 9, 2014
(“Agreement ”), a copy of which is attached hereto and incorporated by reference as
Exhibit A to this Amendment .
B . Per Council action on April 7, 2014 to approve the original agreement with West Coast
Arborists, the Town Manager retains the ability to extend the agreement for another two
years (to June 30, 2018) and another $100,000 based on budget availability.
AMEN DMENT
1. Section 2.6 Compensation is amended to read as follows: Compensation for services for
the period July 1, 2015 through June 30, 2016 shall not exceed $160 ,000.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consulta nt have executed this Amendment.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
West Coast Arborists , by:
_____________________________________
Title
A pproved as to Form:
_____________________________________
Robert Schultz, Town Attorney
written consent of the Town before such release. The Town acknowledges that the reports
to be prepared by the Service Provider pursuant to thisAgreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Service Provider in connection with other projects shall be solely at Town's
risk, unless Service Provider expressly consents to suchuse in writing. Town further agrees
that it will not appropriateany methodology or technique of Service Providerwhich is and
has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation. Compensation for services shall not exceed $100,000, inclusive of all
costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice withinthirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if onlyin partial or draftform.
Paymentshall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031 -0655
2.8 Availability of Records. Service Provider shall maintain therecords supporting this billing
for not less than three years following completion of the work under this Agreement.
Service Provider shall make these records available to authorized personnel of the Town at
the Service Provider officesduring business hoursupon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Service Provider. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of
the work and servicesagreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he /she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town employee(s).
Withprior written consent, the Service Provider may perform some obligations under this
Agreement by subcontracting, but may not delegate ultimate responsibility for performance
or assign ortransfer interests under this Agreement. Service Provider agrees to testifyin any
litigation brought regarding the subject of the work to be performed under this Agreement.
Service Provider shall becompensated for its costsandexpenses in preparing for, traveling
to, and testifying in such matters at its then current hourly rates of compensation, unless
such litigation is brought by Service Provider or is based on allegations of Service
Provider's negligent performanceor wrongdoing.
Page 2 of 7
2.11 Conflict of Interest. Service Provider understands thatits professional responsibilities are
solely to the Town. The Service Provider has and shall not obtain any holding or interest
within the Town of Los Gatos. Service Provider has no business holdings or agreements
with any individual member of the Staff or management of the Town or its representatives
nor shall it enter into any such holdings or agreements. In addition, Service Provider
warrants that it does not presently and shall not acquire any direct orindirect interest
adverse to those of the Town in the subject of this Agreement, and it shall immediately
disassociate itself from such an interest, should it discover it has done so and shall, at the
Town's sole discretion, divest itself of such interest. Service Providershall not knowingly
and shall takereasonable steps to ensure that it does not employ a person having such an
interest in thisperformance of this Agreement. If after employment of a person Service
Provider discovers it has employed a person with a direct or indirect interest that would
conflictwith itsperformance of thisAgreement Service Provider shall promptly notify
Town of this employment relationship, and shall, at the Town's sole discretion, sever any
such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Service Provider nor its subcontractors do and neither shall
discriminate against persons employed or seeking employment with them onthebasis of
age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental
disability, national origin, religion, or medical condition, unlessbased upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and his/her
firm to an amount not less than: one million dollars ($1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Service Provider agrees to haveand maintain for the duration of the contract,
an Automobile Liability insurance policy ensuring him/her and his/her staff
to an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodilyinjury and property damage.
iii. Service Provider shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Service Provider agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
Page 3 of 7
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Service Provider; products and completed operations of Service
Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurancecoverageshall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self - insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of theService Provider's insurance
and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. TheService Provider's insuranceshall apply separately to each insured
against whom a claim is made orsuit is brought, except with respect to the
limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shallnot be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, returnreceipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. In addition to these policies, Service Provider shallhave and
maintain Workers' Compensation insurance as required byCalifornia law and shall provide
evidence of such policy tothe Town before beginning services underthis Agreement.
Further, Service Provider shall ensure that all subcontractors employed by Service Provider
provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. TheService Provider shall save, keep, hold harmless and indemnify and
defendthe Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses inlaw or equity that may at any time arise or be set up because
of damages to propertyor personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Service Provider, or any of the Service Provider's officers, employees, or agents orany
subcontractor.
Page 4 of 7
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of eitherparty to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreementconstitute a continuing waiver of a
subsequentbreach of the same or any other provision of this Agreement.
4.2 GoverningLaw. This Agreement, regardless of where executed, shall be governed by and
construed tothe laws of the State of California. Venue for anyactionregarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to
terminate this agreement with or without cause bygiving not less than fifteen days (15)
written notice of termination. In the event of termination, the Service Provider shall deliver
to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In theevent of such termination, Town shall pay Service Provider an amount that bears the
same ratio to the maximum contract price as the work delivered to the Town bears to
completed services contemplated under this Agreement, unlesssuch termination is made for
cause, in which event, compensation, if any, shall be adjusted in light of the particular facts
and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unlessmade in writing and signed by the Town and the Service
Provider.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any noticerequiredto be given shall bedeemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
West Coast Arborists, Inc.
Victor M. Gonzalez
2200 E. Via Burton Street
Anaheim, CA 92806
or personally deliveredto Service Provider to such address or such other address as
Service Provider designates in writing to Town.
4.7 Order of Precedence. hi the event of any conflict, contradiction, or ambiguity betweenthe
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, thenthe terms and conditions of this Agreement shall
prevail over attachments or other writings.
Page 5 of 7
4.8 Entire Agreement. This Agreement, includingall Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Service Provider. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
V. BONDING REQUIREMENT
5.1 Service Provider agrees to post a Faithful PerformanceBond and a payment bond for Labor
and Materials, or other guarantees, in the required amounts upon bond forms provided by
the TOWN, guarantying the performance of theterms of thisAgreement. Surety issuing
bonds for Service Provider shall be approved by the U.S. Department of Treasury's
Financial Management Service and shall be listed onthe most current Treasury Circular 570
as contained in theFederal Register.
VI. PREVAILING WAGES
6.1 Reference is hereby made to copies of the general rate of per diem wages as determined by
the Director of the Department of Industrial Relations on file in the Department of Parks
and Public Works, TOWN OF LOS GATOS, Town Hall, which are available toany
interested party.
For failure to pay the prevailing wages, the Service Provider shall forfeit, as a penalty, to
the TOWN, Fifty Dollars ($50) for each workman for each calendarday orportionthereof
who is paid less than the stipulated prevailing wage for work done under thiscontract, in
violation of the provisions of the Labor Code, Sections 1770 to 1780, inclusive. In addition
to said penalty, the Service Provider, or subcontractor, shall pay to each worker the
difference between the prevailing wage and the amountpaid to said worker for each
calendar day for which said worker was paid less thanthe prevailing wage.
Service Provider shall comply with the provisions of the Davis -Bacon Act, as amended
40 USC 276a- 376a -5), and related requirements as certified in CONTRACTOR's bid
proposal.
Page 6 of 7
INWITNESS WHEREOF, the Town and Service Provider have, executed
Town of Los Gatos by:
Greg Larso , Town Manager
Recommen &I by-
Wit Morle , Director of P ta d Public Works
Approved as to Form:
Robert Schultz, Town At "Y
Service
West C
PatrickMahoney
President
Title
Page 7 of 7
Request for Proposals
Park Tree Pruning
Project A14 -01
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
408) 399 -5770
Fax) 354 -8529
EXHIBIT A
ow H of
ps GpjpS
February 28, 2014
Dear Contractor:
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
Phone: (408) 399 -5770
Fax: (408) 354 -8529
The Town of Los Gatos is requesting bids for a ParkTree Pruning Project. The Contractor shall
bea State of California licensed contractor and hold a C -27 or C -61 license. An Arborist
certified by theWestern Chapter of the International Society of Arboriculture shall be employed
by the contractor and is required to supervise all pruning and removal activities throughout the
terms of the contract.
SCOPE OF SERVICES:
The Contractor shall comply with allapplicable State, County and Town requirements for
closure of streets. At least 72 hours in advance of closing any street, alley, or other public
thoroughfare, the Contractor is required to notify the Police and Fire departments and
comply with their requirements. Theprovisions of this section will not relieve the
Contractor from his responsibility to provide such additional devices or take such
measures as may be necessary to comply with the provisions of Section 7 -1.14, "Public
Safety — Site Security," of theStandard Specifications, see attached.
Contractor shall be responsible for disposing of stumps. All wood chips associated with
the project will be retained by the Town and dumped at the Los Gatos Service Center
through the term of the contract.
All trees shall require a CLASS II — STANDARD PRUNING. Standard pruning shall
consist of the removal of dead, dying, diseased, decaying, interfering, objectionable,
obstructing, and weak branches, as well as selective thinning to lessen wind resistance.
The removal of such described branches is to include those on the maintrunks, as well as
those inside the leaf area. An occasional undesirablebranch up to one inch (2.54 cm) in
diameter may remain within the leaf area where it is not practical toremove.
Additionally, all trees will be raised to 14' vertical Clearance where practical. The
following General Specifications listed below in italics apply toClass II Standard
Specifications:
All cuts shall be made as close as possible to the trunk or parent limb, without cutting
into the branch collar or leaving a protruding stub. Bark at the edge of all pruning
cuts should remain firmly attached.
All branches too large to supportwith one hand shall be precut to avoid splitting or
tearing of the bark. When necessary, ropes or other equipment should be used to
lower large branches safely to the ground.
2
Treatment of cuts and wounds with wound dressing or paint has not shown to be
effective in preventing a• reducing decay, and is not generally recommended far that
reason.
Old injuries are to be inspected. Those not closing properly and where the callus
growth is not completely established should be bark traced if the bark appears lose or
damaged. Such tracing shall notpenetrate the xylem (sapwood), and margins shall
be rounded.
Equipment that will damage the bark and cambium layer (climbing spurs, hooks,
irons) are forbidden and are not acceptable work practices for pruning operations on
live trees. Sharp tools shall be used so that clean cuts will be made at all times.
All cut limbs shall be removed from the crown upon completion of the pruning.
Trees susceptible to seriousinfectious diseases should not be pruned at the time of
year during which pathogenscausing disease or the insectvectors are most active.
Roadside tree trimming and brush clearance. Protruding tree limbs shall be cut back four
plus feet behind the edge of pavement wherever possible. Overhead tree canopies shall
be end weighted. Dead orbroken limbs shall be removed to the nearest lateral.
Equipment used by the Contractor shall utilize trucksequipped with the following
components. All of therequired equipment listed below shall be properly maintained and
functional 24 hours a day, 7 days a week, including holidays.
Radiodispatch and /or cellular communicationcapabilities,
Warning beacon/strobe lights
Traffic cones
Construction warning signs
Ahydraulic bucket capable of reaching a height of 55 feet from the roadway
surface
Proper lightingfor illuminating the work area at night
Chemical Control. Contractor shall provide unit pricing to apply plant growth regulator
ethephon (Monterey Floral Brand) to control mistletoe in dormant trees under the
direction of the Town Arborist.
The Town reserves the right to award bid for all work as outlinedin thisproject. The
work for each phase of this project will be authorized by the Town individually.
Below is the list of narks to be pruned.
Location Address Prune Type Lump Sum Price
Live Oak Manor Park 210 Carlton Avenue Class 11 Prune 13,700.00
Bachman Park 500 Bachman Avenue Class 11 Prune 9,700.00
Blossom Hill Park 16300 Blossom Hill Road Class 11 Prune 12,700.00
La Rinconada Park 151 Granada Way Class 11 Prune
6,250.00
Bid pricing shallbe complete, including all costs for labor, supervision, methodsor processes,
implements, tools, machinery, equipment, transportation, and materials required to complete the
work described in this bid. All entries shall be printed in ink or shall be typewritten.
Each Contractor trust insure that their bids include the cost of a Town business license,
Insurance, and Performance and Labor and Materials Bond. All Town projectsrequire
prevailing wage paymentsby Contractor.
Corrections shall be initialed in ink by the person signing the bid. All information requested for
entry on the bid Form must be provided. If necessary, proposers may attach additional sheets
clearly cross referencedto the applicable item number. The Town will review all bids and award
a contract to the lowest responsible bidder.
Miscellaneous Tree Trimming Services, As Required.
Unless otherwise noted, rates shall includelabor, equipment, and disposal of materials. In
addition to the lump sum cost additional work may be requested by the Town on an as needed
basis.
Tree Inventory,
The Contractor will provide the Town access to a record keeping system consisting of an
Internet -based software programthat allows the Town to maintain information about its urban
forest, including the description of each tree by species, height, diameter, work history, and tree
planting site location. The tree inventory software program shall be an Intemet -driven tracking
program that can be exported in a formatcompatible with Town's asset management program
Cartegraph). The program shall have the capacity to produce detailed listings of tree and site
information, work histories, service request, summary reports and pictures of Town tree species.
The Contractor shall provide software support to the Town for the entire term of the agreement.
A. GPS Tree inventory. Provide the Town with Global Positioning System (GPS)
coordinates for all trees in public spaces. This includes but not limited to all
publicly owned trees onstreet rights -of -way, parks, Townfacilities and open
spaces such as medians, and greenscapes. The address information contained in
inventory should be linked directly to a Geographical Information System (GIS)
program, such as ArcView. The inventory collector will identify the trees by their
global coordinates of longitude and latitude. At the conclusion of the project, the
Town will receive a complete listing of all sites inventoried, both inhard and
electronic copy.
B. The contractor shall be required to create an ESRI ArcView /ArcGIS compatible
shape file". The inventory shall be capable of showing the location of every
existing tree site and vacancies on the Town's existing GIS base maps (street,
parcels, addresses ROW and hardscape). The tree inventory shall be conducted
by visiting each tree site or vacant planting site and plotting the position.
Collected data shall be compatible with the Town's current version of ArcView.
Minimum accuracy shall be not more than 1 meter. The contractor shall have a
2
minimum five (5) years' experience in collecting tree inventories and developing
inventory databases.
1. Class 11— Standard Pruning Tree's ranging from 0' to 20' 60.00 Each
2. Class II — Standard Pruning Tree's ranging from 21' to 40' 160.00 Each
3. Class 11— Standard Pruning Tree's ranging from 40' and Above 190.00 Each
4. Tree Removal Tree's ranging from 0' to 20' 200.00 Each
5. Tree Removal Tree's ranging from 21' to 40' 700.00 Each
6. Tree Removal Tree's ranging from 40' and above 1,750.00 Each
7. Stump Grinding 24" to 36" 175.00 Each
8. Stump Grinding 36" to 48" 225.00 Each
9. Stump Grinding 49" and above 295.00 Each
10 GPS Tree InventoryApproximant Tree Count of 20,000 0.00 Each
Labor Rates, As Needed.
Labor costs must reflect prevailing wages.
Labor Category
Straight Time
per hour)
Overtime
per hour)
Arborist 70.00 80.00
Tree Foreman 60.00 80.00
Tree Climber 60.00 80.00
Grounds Person 60.00 80.00
Flagger (Traffic Control Needs) 60.00 80.00
Three ManTreeCrew 180.00 80.00
CONTRACT PRICE
A. First Year
As full compensation for furnishing all materials and equipment and for doing all the
work contemplated and embraced, the Town shall pay the amount specified by the
Contractor pursuant to the signedagreement.
B. Successive Years
5
One year from the date of the signed agreement, and each anniversary thereafter, the
monthly price paid for suchservices shall be adjusted according to the percent change in
the U.S. Department of labor, Bureau of Labor StatisticsConsumer PriceIndex, All
Items, All Urban Consumers, San Francisco- Oakland -San Jose, 1982 -84 -100 Index. The
contractor shall be responsible for submitting a written notice sixty (60) days in advance
requesting an adjustment to the current index. This index shall be used tocalculate and
determine annual costs. The beginning index is 242.602 as of December2013.
C. Town Council Budget Discretion
The authority to determine annualbudgets for the Town is vested by law with the Town
of Los Gatos Town Council. Nothing in the agreement shall bind the Town Council to
budget funds in successive fiscal years for payment of services underthe signed
agreement. The Town./Department reserves the right toterminate the signed agreement
without consequences, in the event the TownCouncil determines in the future notto
budget funds for the agreement.
DEADLINE INFORMATION
The deadline tosubmit proposals is Wednesday. March 26, 2014, at 10:00 AM.
Mail or hand deliver proposals to the following address by the deadline date to: Town of Los
Gatos, Town Clerk's Office, 110 East Main Street, Los Gatos, CA, 95030. Proposals received
after the deadline date will not be considered.
MANDATORY PRE -BID MEETING
All bidders are required toattend a mandatory pre -bidwalk throughmeeting on Wednesday,
March 12, 2014, at 9:00 AM. Failure to attend this meeting will result in automatic bid
disqualification.
The meeting will be held at the Town of Los Gatos, Parks and Public Works Department Service
Center, 41 Miles Avenue. Town staff will direct allparties to specific locations outlined in this
document.
CONTACT PERSON
For questions, contact Robert Moulden, Town Arborist at (408) 827 -3543.
TERM OF THIS AGREEMENT
If awarded, the term of the contractor's agreement shall begin on May 5. 2014, or on the contract
execution date, whichever is later, and will continue through June 30, 2016. Under no
circumstances shall the term of the contract continue beyond midnight, June 30, 2016.
ADDITIONAL INFORMATION REOUESTED
1. Company Name:
West Coast Arborists, Inc.
2. Address fromwhich service will be provided:
390Martin Avenue, Santa Clara, CA 92121
Corporate Headquarters: 2200 E. Via Burton, Anaheim, CA 92806
3. Location of facility (must be within 30 miles of Town limits):
390 Martin Avenue Santa Clara CA 92121
4. Business organization (Check one):
Individual Proprietorship
Partnership
Corporation
Other
If incorporated, provide the following information:
Date of incorporation 5/10/1976 State of incorporation California
Contact Person Christian BonnerNictor Gonzalez Telephone Number (800) 521 -3714
AFTER HOURS EMERGENCY Contact Person/TitleEmergency Limb Down
Telephone Number (866) 546 -2369
ADDENDA
Proposeracknowledges receipt of the following Addenda:
Number N/A Date
Number Date
Number Date
SIGNATURE OF CONTRACTOR
7
Signature
Patrick Mahoney
Name (printed or typed)
800) 521 -3714
Telephone Number
95- 3250682
Tax 1D Number
Approved by:
2/2,1
Matt Morley'
Director of Parks and Public W ks
President
Title
3/24/14
Date
714) 991 -1027
Fax Number
36141
Los Gatos Business License Number
BOND NUMBER CSBOO19549
PREMIUM: $500.00
SERVICE PROVIDER'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That WEST COAST ARBORISTS, INC. as Principal, and
CONTRACTORS BONDING AND INSURANCE COMPANY
incorporated under the laws of the State of WASHINGTON and authorizedto execute bonds and
undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal
corporation of the State of California, in the sum of One Hundred Thousand Dollars ($100,000), for
payment whereof, well and truly to be made, said Principal and Surety bind themselves, their
administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoingobligation is such that: WHEREAS, the above - bounden
Principal has entered into a certaincontract attached hereto and incorporatedherein by reference as
though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to
wit:
Park Tree Pruning
as required by theplans and specifications, pursuant to the awardmade to said contractorby the
Council of the TOWN OF LOS GATOS, on April 7, 2014, as will more fully appear by reference
to the minutes of said Council of said date.
The surety hereby stipulates and agrees that nochange, extension of time, alteration or
addition tothe terms of the agreement or to the work to be performed thereunder or to the
specifications accompanying the same shall in any way affect its obligation on this bond and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
agreement or to the work or tothe specifications.
NOW, THEREFORE, if theabove - bounden Principal shall well and truly perform the work
contractedto be performed under said contract, then this obligation shall be void; otherwise, to
remain in full force and effect.
Signed and sealed this
WEST COAST AAORIS'
24th
BY: / v
PATRICK MAHONEY, PRESID NT
WEST COAST ARBORISTS. NC_
day of APRIL , 2014.
COMPANY
BY:
MICHAEL D. STONG. RNEY -IN -FACT
111 PACIFICA, SUITE 350, IRVINE, CA 92618
2200 E. VIA BURTON, ANAHEIM, CA 92806 (949) 341 -9110
SERVICE PROVIDER SURETY (Address and Phone No.)
CORPORATESEAL) (SURETY SEAL)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
Se):: 4r 4. r 5v'`' ' v .'•C(`4Y.cCiCJf'.cY'.Crti. ".'. ". h, : 5' ciS'. 4Y>. Ef `,.CeC..C`lffhhC..r'.C.t`4':( ..'i C`.t-CyC'r'.l=rt-('!`- v[Jf'`3c`C- S'6.(„'CiC r.- x^.s t
State of California
County of Orange
On 4/28/14 before me, Victor M. Gonzalez, NotaryPublic
mm Hare Insert Name said Title at the Officer
personally appeared Patrick Mahoney
Nana(s) of Siprens)
VICTOR M. GONZALEZ
Commission # 1919509
NotaryPublic • California
i orange County
My Comm. Expires Jan 27, 2015
Place Nelary Seal Above
who proved tome on the basis ojAatisfactory evidence to
be the person(siwhose name i ate subscribed to the
ja"city0lao,
hnstr ment and ac no edged to me that
executed the e i his c authorized
and tha t b hi s ignature( on the
instrumentthe personf4, orthe entityuponbehalf of
which the person?'acted, executed the instrument.
I certify under PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha - d and
Signature ((
OPTIONAL
Through the information below is notrequired by law, it mayprove valuable to persons relying oh fhe document
and could prevent fraudulent removal and reattachment of this form to another docu nt.
Description of Attached Document
Title orType of Document: Town of Los Gatos: Tree Maintenance
Document Date:
Signer(s) OtherThan Named Above: None
Capacity(ies) Claimed by Signer(s)
2014
Signer's Name: PatrickMahoney
Individual
x Corporate Officer — Title(s): President
Partner — Limited General
Attorney in Fact a '
Trustee Top of thumb here
Guardianor Conservator
Other:
Signer Is Representing: west Coast
Arborists, Inc.
Faithful Performance Bond
Number of Pages:
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0
02007Natioial Wary Association• 935() De Soto Aw.,Room 2402•ChamiiarM,CA 9131 &24021vn 1%1110nalNdaryoig Item X5907 Reoreor:CallioI1-Fwl- fi0P676 7
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On
t % /
before me, R. NAPPI "NOTARY PUBLIC"
Hereinsert name and title of the officer)
personally appeared MICHAEL D. STONG
whoproved to me on thebasis of satisfactory evidenceto be the person,(df whose name(s'jis /arc subscribed to
the within instrument and acknowledged to me that he /sheMtey executed the same in his /J, authorized
capacit"t and that by his /Meth ck signature(.<on the instrument the personK, or the entity upon behalf of
which the person(8facted, executed the instrument.
I certify under PENALTY OF PERJURY under thelaws of the State of California that the foregoing paragraph
is true and correct.
WITNESS hand and official seal.
Signature of Notary Public (•
e•
R. NAPPI
COMM. #1977782
NOTARY PUBLIC- CALIFORNIA
RIVERSIDE COUNTY
My Comm. EXWU June 7, 2016
Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHEDDOCUMENT
Title or description of attached document)
Title or description of attached document continued)
Number of Pages Document Date
Additional information)
CAPACITY CLAIMED BY THE SIGNER
Individual (s)
Corporate Officer
Title)
Partner(s)
Attorney -in -Fact
Trustee(s)
Other
2008Version CAPAvl ?.10.07800 -873 -9665 www NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THISFORM
Any acknoirledgment completed in California must contain verbiage uactly as
appears above in rite notary section or a separateacknowledgment four must be
properly completed and attached to that docurem. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
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Dole of notarization most be thedalethatthe signer(s) personally appeared which
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r Additional information is not required but could help to ensure [his
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Securely attach this document to the signed document
tkie Contractors Bonding and Insurance Company
3101 Western Ave., Suite 300
auu.rm
Seattle, WA 98121
Know All Men by These Presents:
POWER OF ATTORNEY
ContractorsBonding and Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint:
JeremyPendergast, Rosemary N=i. Michael D Stomr. iointly or severally,
in the City of Riverside . State of California its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for andon its behalf as Surety, the following described
bond.
Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00 /100
Dollars (_ $10,000,000.00 1 for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Factshall be as binding upon thisCompany as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
The ContractorsBonding and InsuranceCompany further certifies thatthe following is a true and exact copy of the Resolution
adopted by the Board of Directors of Contractors Bonding and InsuranceCompany, and now in force to -wit:
AB bonds, policies, undertakings, Powers of Attorneyor other obligations of the Corporation shall be executed in the
corporate name of the Corporation by thePresident, Secretary, any AssistantSecretary, Treasurer, or any Vice President, or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys inFact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorneyor other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESSWHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice
President with its corporate seal affixed this 22nd day of March , 2013
O.AG AND Ly(
y
SEAL
State of Washington l °
J ' , 1979 .,• `
J}
SS 6MING-1 °N „``,•
County of King
On this 22nd day of March 1 2013
before me, a Notary Public, personally appeared Roy C. Die , who
being by me duly sworn, acknowledged that he signed the above Power of
Attorney as the aforesaid officer of the ContractorsBonding and
Insurance Company and acknowledged said instrument to be the voluntary
actand deed of said corporation.
V..e&—
Joseph B. Mbller Notary Public
Notary Public
State of Washington
JOSEPH S. MULLER
MV COMMISSION EXPIRES
Minch 2a, 2018
Contractors Bonding and Insurance Company
Roy C. Die Vice President
CERTIFICATE
I, the undersigned officer of ContractorsBonding and Insurance
Company, a stock corporation of the State of Washington, do hereby
certify that the attached Power of Attorney is in full force and effect
and is irrevocable; and furthermore, that the Resolution of the
Company as set forth in the Power of Attorney, is now in force. In
testimony whereof, I have hereunto set my hand and the seaa, of the
ContractorsBonding and Insurance Company this :Cytfl • day
ofP2o,y
ContractorsBonding and Insurance Company
Roy C. Die Vice President
04755720321 A0059511
Theamount of the within obligation is hereby fixed by the TOWN Council in the sum of One
Hundred Thousand Dollars ($100,000), that sum being more than one hundred percent (100 %) of
the contract price, is by said TOWN Council deemed sufficient and adequate, and is thesum fixed
by it for that purpose.
APPROVED AS TO FORM:
j &
Robert Schultz, To ttomey Greg Larson, Town Manager
ATTEST:c
Shelley Neis, Intergri Clerk Administrator
MEETINGDATE: 04/07/14
ITEM NO:
COUNCIL AGENDA REPORT
DATE: MARCH 27, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: TREE TRIMMING— VARIOUS TOWN PARKS 831 -4603
A. AUTHORIZE THETOWN MANAGER TO EXECUTE A CONTRACT
WITH WESTCOAST ARBORISTS, INC. FOR THE PURPOSE OF TREE
TRIMMING IN ANAMOUNT NOT TO EXCEED $100,000.
B. AUTHORIZE THE TOWN MANAGER TO EXTEND THIS AGREEMENT
ANNUALLY, FOR UP TO TWO YEARS, WITH THE UNIT PRICING PER
THE CONTRACT, BASED ON BUDGET AVAILABILITY.
RECOMMENDATION:
1. Authorize the Town Manager toexecute a contract with West Coast Arborists, Inc. for the
purpose of tree trimming in an amount not toexceed $100,000.
2. Authorize the Town Manager to extend this agreement in the amount of $100,000 annually,
for up to two years, with the unit pricing per the contract, based on budget availability.
BACKGROUND:
The adopted FY 2013/14 — 2017/18 Capital Improvement Program (CIP) Budget designates
100,000 for tree trimming in various Town parks. This project will improve the overall
structure of existing treesand assist with the identification of deceased or failing trees that
require removal.
The Town of Los Gatos has utilized contractual tree trimming and removal services for the past
several years, with a focus on street trees. Staff reviews these maintenance contracts annually to
ensure that the services provided are being performedsatisfactorily, competitively priced, and
continueto meet the Town's expectations and contract terms. Trees located in Town parkshave
undergone minimal pruning for many years due to budget reductions. Tree maintenance is
important to help ensure thesafety of park visitors andto protect the longevity and thestructural
health of the trees. The proposedcontract will significantly improve the condition of the tree
inventory.
PREPARED BY: MATT MORLEY ( ;g
Director of Parks and PublicWorks
Reviewed by= ,Assistant Town Manager Town Attorney L
PAGE 2
MARCH 27, 2014
MAYOR AND TOWN COUNCIL
SUBJECT: TREE TRIMMING — VARIOUSTOWN PARKS 831 4603
BACKGROUND (cont'd):
The Town is currently in contract with WestCoast Arborists, Inc. (WCA) to perform tree
maintenance services for street trees, including after hours and on -call tree maintenance. This
contract will expire on June 30, 2014.
DISCUSSION:
Staff solicited bids through an RFP processand on March 26, 2014 received four (4) bids
Attachment 1). The low bidder is Arbortek Tree Service in the amount of $39,900. Thenext
lowestbidder was WCA in the amount of $42,350, a net difference of $2,450. However, WCA
provides additional benefit tothe Town in the services it provides as outlined below.
Currently the Town does nothave a tree inventory system, but desires to implement one. As part
of the proposal process, contractors were requiredto submit unit costs to provide tree inspection
identification using a Global Positioning System (GPS). Thetree inventory system is similar to
the Metropolitan Transportation Commission Pavement Management system currently used by
the Town to determine street maintenance needs basedon data rather than assumption.
The tree inventory system will provide an updated list of trees within the urban forest, including
the tree's sizeand maintenance history. It will also have the capability to identify specific trees
or tree species thatrequire maintenance on a more frequent basis. The tree inventory program
will integrate into the Town's GIS system, allowing access to tree information Town -wide to
meet cross- departmental needs. The inventorymay also open up opportunities for grant
opportunities focused on the urban forest.
Both Arbortek and WCA provide tree inventory services. The bid results show that WCA
includes theservice at no cost, whereas Arbortek charges $3.00 per tree, or $60,000, based on an
estimate of 20,000 Town trees that will need to be inventoried within theparks and the public
right -of -ways. Thus, WCA's services provide the best value to the Town.
The current contract withWCA is funded through the Town's annual OperatingBudget and it
focuses on street treemaintenance in Los Gatos neighborhoods. Town staff has selected certain
neighborhoods for tree maintenance based on the highest need. Currently, the street trees in the
Harwoodneighborhood are beingprunedthrough the existing contract. Staff issatisfied with the
performance of WCA and their cohesive working relationship with Town maintenance staff.
The proposed new contract withWCA is for tree pruning and maintenance at various Town
parks and has the flexibility to add other services, including street trees, as needed. These
additional services have been priced on a unit costbasis. To accommodate expected future
needs, staff is requesting authorization for the contractamount of $100,000, the full amount
budgeted.
WCA's inventory of Town trees will become the property of the Town at the conclusion of the
contract.